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, following an investigation into unauthorized construction impacting Bear Butte Creek in rural Meade County, South Dakota. The sentencing, handed down on June 22, 2015, by Chief Judge Jeffrey L. Viken, marks the culmination of a case sparked by concerned citizens reporting dwindling water levels in the creek.
According to court documents, Clark and Glencoe CampResort II, through its managing partner Devorah Lopez, illegally constructed a 75-foot-long, 6-foot-high dirt dam across Bear Butte Creek. This impoundment created a roughly 500-foot-long pool, disrupting the natural flow of the waterway, a designated cold water fishery and navigable water of the United States. The construction occurred without the necessary permits from both the South Dakota Department of Environment and Natural Resources (DENR) and the U.S. Army Corps of Engineers.
The initial complaints in July 2012 prompted site visits from DENR representatives, who observed the unauthorized dam. Both DENR and the Corps of Engineers issued cease and desist orders, demanding its removal. However, the dam remained in place, leading to legal action. Investigators determined approximately 500 cubic yards of material were used in the dam’s construction, and the disruption resulted in fish kills and reduced water availability for downstream livestock.
Legal Ramifications & Penalties
Sean Clark pled guilty to knowingly discharging a pollutant from a point source into waters of the United States, a violation of 33 U.S.C. 1311(a) of the Clean Water Act. Glencoe CampResort II L.L.C. pled guilty to negligently discharging a pollutant. Both Clark and the company were sentenced to four years of probation. The terms of probation include full compliance with an Administrative Order of Consent with the EPA, development and adherence to an Environmental Compliance Plan, and a combined fine and community service payment totaling $250,000.
The $250,000 will be distributed as follows: $83,000 to Meade County for environmental purposes, $83,000 to the South Dakota DENR, and $84,000 to the United States. Clark is also required to complete 100 hours of community service within South Dakota. The fine and community service are to be paid jointly and severally between the two defendants.
Investigation & Cooperation
The investigation was a collaborative effort involving the EPA’s criminal enforcement program, 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. Acting U.S. Attorney Randolph J. Seiler emphasized the importance of interagency cooperation in protecting vital water resources, stating the case exemplifies “the Federal government working closely with the State, local communities, businesses, and concerned individuals.” EPA Special Agent in Charge Jeffrey Martinez added that the sentence demonstrates a commitment to protecting local water supplies.
Key Facts
- Defendant: Sean Kenneth Clark & Glencoe CampResort II L.L.C.
- Location: Meade County, South Dakota
- Crime: Clean Water Act Violations – Illegal dam construction.
- Statute Violated: 33 U.S.C. 1311(a)
- Impact: Disrupted Bear Butte Creek, leading to fish kills and water shortages.
- Penalty: 4 years probation, $250,000 fine/community service, EPA compliance plan.
- Date of Sentencing: June 22, 2015
Source: EPA ECHO Enforcement Case Database
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