MEADE COUNTY, SD – Sean Kenneth Clark, 48, of Hacienda Heights, California, and Glencoe CampResort II L.L.C. have been sentenced for violating the Clean Water Act, stemming from illegal construction that impacted Bear Butte Creek in rural Meade County, South Dakota. The sentencing, handed down on June 22, 2015, by Chief Judge Jeffrey L. Viken, concludes a case brought forth by a multi-agency investigation into the unauthorized damming of a critical waterway.
The investigation began in July 2012, following complaints from concerned citizens reporting low water levels in Bear Butte Creek. A subsequent site visit by the South Dakota Department of Environment and Natural Resources (DENR) revealed a 75-foot-long, 6-foot-high dirt dam constructed across the creek, impounding water and creating a 500-foot-long pool upstream. This construction occurred without the necessary permits from both DENR and the U.S. Army Corps of Engineers, leading to cease and desist orders that were ultimately ignored, prompting legal action.
Clark, who pled guilty to knowingly discharging a pollutant from a point source into a water of the United States, and Glencoe CampResort II, represented by its managing partner Devorah Lopez who pled guilty to negligent discharge, were each sentenced to four years of probation. The terms of probation mandate compliance with an Administrative Order of Consent with the EPA, the development and adherence to an Environmental Compliance Plan, and a combined fine and community service payment totaling $250,000.
Legal Ramifications & Penalties
The defendants violated 33 U.S.C. 1311(a) of the Clean Water Act, which prohibits the discharge of pollutants from a point source into navigable waters of the United States without a permit. The illegal dam construction significantly altered the creek’s natural flow, impacting both aquatic life and downstream water users. EPA officials noted that the actions led to fish kills and restricted water access for livestock. The $250,000 penalty will be distributed as follows: $83,000 to Meade County for environmental projects, $83,000 to the South Dakota DENR, and $84,000 to the United States Treasury. Clark is additionally required to complete 100 hours of community service within South Dakota.
Multi-Agency Cooperation
The successful prosecution of this case highlights the importance of interagency collaboration. The investigation was a joint effort involving the EPA’s Criminal Investigation Division, the Meade County State’s Attorney’s Office, the Meade County Sheriff’s Office, DENR, the U.S. Army Corps of Engineers, and the South Dakota Attorney General’s Office. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Key Facts
- Defendant(s): Sean Kenneth Clark & Glencoe CampResort II L.L.C.
- Location: Meade County, South Dakota
- Crime: Clean Water Act Violation – Illegal dam construction impacting Bear Butte Creek
- Statute Violated: 33 U.S.C. 1311(a)
- Sentence: Four years probation, $250,000 fine/community service, 100 hours community service (Clark)
- Impact: Altered creek flow, fish kills, restricted water access for livestock.
Acting U.S. Attorney Randolph J. Seiler emphasized that the case “is a prime example of the Federal government working closely with the State…to ensure our water sources remain safe.” The prosecution serves as a warning that intentional endangerment of water supplies will be met with serious legal consequences.
Source: EPA ECHO Enforcement Case Database
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