Norman Kent Walen, Water Pollution, IA 2003

Des Moines, IA – Norman Kent Walen was sentenced in June 2003 following a guilty plea to knowingly discharging hazardous waste into the publicly owned treatment works (POTW) serving the Des Moines, Iowa area. The case, brought by the Environmental Protection Agency (EPA), revealed a pattern of illegal discharges from Barrett Plating, where Walen was employed, specifically on weekends when oversight was reduced.

According to court documents, Barrett Plating was routinely releasing untreated plating wastes containing zinc and chromium into the city’s sewer system. These discharges bypassed standard treatment protocols, posing a significant risk to both the POTW infrastructure and potentially causing harm to the environment and public health. The EPA’s investigation uncovered evidence that Walen was aware of these illicit discharges and failed to take corrective action.

Walen was initially charged on April 17, 2003, with a single count of violating the Clean Water Act (CWA). The specific statute cited was 33 U.S.C. 1319(c)(2)(B), which criminalizes the knowing introduction of pollutants or hazardous substances into sewer systems or POTWs when the individual understands, or reasonably should understand, that such actions could cause personal injury or property damage. The EPA argued that Walen’s actions demonstrated a clear disregard for environmental regulations and public safety.

The investigation highlighted the potential for substantial damage caused by such unregulated discharges. Zinc and chromium, commonly used in metal plating processes, are toxic pollutants. Untreated, they can overwhelm treatment plants, disrupt biological processes essential for wastewater purification, and ultimately contaminate waterways. The EPA estimates the cost of remediation and damage to the POTW at over $27,000.

On June 11, 2003, Walen received a one-month incarceration sentence, followed by a 12-month probationary period. In addition to jail time and probation, he was ordered to pay $5,000 in federal fines and $27,913 in restitution to cover the costs associated with the damage to the POTW. This case underscores the EPA’s commitment to pursuing criminal charges against individuals who knowingly violate environmental laws and endanger public health and the environment.

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Key Facts

Defendant: Norman Kent Walen
Location: Des Moines, Iowa
Year: 2003
Crime: Illegal discharge of hazardous waste into a publicly owned treatment works.
Statute Violated: 33 U.S.C. 1319(c)(2)(B) – Clean Water Act
Penalties: 1 month incarceration, 12 months probation, $5,000 fine, $27,913 restitution.
Company Involved: Barrett Plating
Pollutants: Zinc and Chromium

GrimyTimes will continue to follow environmental crime cases and report on efforts to hold polluters accountable.

Source: EPA ECHO Enforcement Case Database

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