Olympia, WA – Sam Jenkins, Jr., owner of a Washington-based bark processing company, pled guilty in June 1986 to a charge of illegally discharging liquid waste into the Hylebas Waterway, a navigable water source. The case, pursued by the Environmental Protection Agency (EPA), highlights a pattern of environmental violations that would resurface in a related case three years later, according to agency records.
According to court documents filed on April 15, 1986, Jenkins and his company were initially charged with three counts of violating the Clean Water Act. The charges stemmed from the unauthorized discharge of pollutants—specifically, liquid waste generated during bark processing—directly into the Hylebas Waterway without obtaining the required National Pollutant Discharge Elimination System (NPDES) permit. The EPA alleged a blatant disregard for established environmental regulations designed to protect water quality and aquatic ecosystems.
The investigation, which remains largely shrouded in the details of EPA enforcement records, suggests a consistent pattern of unpermitted discharge. Environmental watchdogs have long criticized the lax oversight of smaller industrial facilities, arguing that they often fly under the radar of larger, more publicized enforcement actions. The Hylebas Waterway, while not a major shipping channel, provides critical habitat for several species of fish and amphibians, making the illegal discharge particularly concerning.
On June 11, 1986, Jenkins and his company each entered a guilty plea to a single count of violating the Clean Water Act. The reduced charge likely reflects a plea bargain reached with federal prosecutors. While the exact nature of the agreement remains unclear, it allowed Jenkins to avoid a potentially more severe sentence and the company to continue operations, albeit under increased scrutiny.
Sentencing & Penalties
The sentencing phase, held on August 29, 1986, resulted in a $2,500 fine for the company, with $1,500 suspended. Included in the fine was a mandatory $100 penalty assessment directed to the Crime Victim’s Fund, and a probationary period of twelve months. Jenkins himself received a $2,500 fine, of which $2,250 was suspended, alongside a $25 penalty assessment for the Crime Victim’s Fund and a 12-month probationary period. Critics argue that the suspended fines and relatively short probationary period represent a lenient punishment given the potential environmental damage caused by the illegal discharge.
Key Facts
- Defendant: Sam Jenkins, Jr. & Company
- State: Washington
- Year: 1986
- Violated Statutes: 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(1)(A) – Clean Water Act
- Charge: Discharging pollutants into navigable waters without an NPDES permit
- Company Fine: $2,500 ($1,500 suspended) + $100 to Crime Victim’s Fund + 12 months probation
- Jenkins Fine: $2,500 ($2,250 suspended) + $25 to Crime Victim’s Fund + 12 months probation
- Related Case: FY 89 – Further investigation needed to determine details.
GrimyTimes will continue to follow developments in this case, including details of the related enforcement action in 1989, and investigate potential systemic issues within the EPA’s oversight of industrial pollution in Washington state.
Source: EPA ECHO Enforcement Case Database
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