Wichita, KS – Norbert Hornung, a Kansas feedlot operator, was sentenced in May 2001 following a guilty plea to violating the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate discharge of animal waste into a local waterway, raising concerns about public health and environmental damage.
According to court documents, Hornung knowingly released waste from an animal waste lagoon at his feedlot, directly impacting Coon Creek. The EPA determined this constituted a clear violation of the terms outlined in his National Pollutant Discharge Elimination System (NPDES) permit – a permit designed to regulate the discharge of pollutants into U.S. waters. The discharge wasn’t accidental; investigators found evidence indicating Hornung was aware his actions would lead to contamination.
The consequences of such discharges are significant. Animal waste contains pathogens, nutrients, and organic matter that can render water unsafe for both human consumption and recreational activities like swimming and fishing. Moreover, the influx of pollutants can devastate aquatic ecosystems, leading to fish kills and disruption of the natural food chain. Coon Creek, a valuable local resource, was put at risk by Hornung’s actions.
The legal proceedings began on January 11, 2001, when Hornung was formally charged with one count of violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(2)(A), which addresses knowingly violating permit conditions. He subsequently entered a guilty plea on February 12, 2001, admitting to the unlawful discharge. The EPA’s criminal enforcement program aims to deter such violations through prosecution and penalties.
Sentencing and Penalties
On May 2, 2001, Hornung received a sentence of 36 months probation for his offense. In addition to the probationary period, he was ordered to pay a $100 special assessment fee. While the financial penalty appears relatively minor, the EPA emphasizes that criminal convictions carry a significant stigma and serve as a strong deterrent to others considering similar violations of environmental law. The case highlights the agency’s commitment to holding individuals accountable for polluting U.S. waterways.
Key Facts
- Defendant: Norbert Hornung
- State: Kansas
- Year: 2001
- Crime: Violation of the Clean Water Act
- Statute Violated: 33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A)
- Impacted Waterway: Coon Creek
- Penalty: 36 months probation, $100 special assessment fee
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect our nation’s natural resources.
Source: EPA ECHO Enforcement Case Database
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