Great Falls, MT – T.P. Construction, Inc., a Havre-based contractor, was sentenced to a $25,000 federal fine on August 23, 2011, following a guilty plea to negligent disposal of sewage on the Fort Belknap Indian Reservation. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), revealed a pattern of illegal dumping to cut costs, potentially endangering public health and the environment.
According to court documents and an Offer of Proof filed by Assistant U.S. Attorney Kris A. McLean, the violations occurred on November 18, 2009. A resident of the Fort Belknap Reservation reported discovering a trail of septic waste – approximately 100 yards long – dumped near his horse corral, an area frequented by children. The complainant stated he had contracted T.P. Construction to pump his septic tank, expecting proper disposal, and had not authorized any dumping on his property.
The EPA-CID investigation quickly expanded, uncovering similar incidents at five additional residential properties on the reservation. Investigators identified William Hinkle, a T.P. Construction employee and the driver of the septic truck, as the individual responsible for the illegal dumping. Hinkle reportedly admitted to disposing of the waste without obtaining proper permission or signed waivers from the property owners.
Regulatory Non-Compliance
The investigation further revealed significant deficiencies in T.P. Construction’s operating procedures. Company records showed the permission slips used for land application of septic waste were not compliant with Montana Department of Environmental Quality regulations. Critically, the company had no signed permission slips – or even log entries – documenting the work performed on the Fort Belknap Reservation that day. The EPA-CID determined T.P. Construction failed to adhere to federal regulations outlined in 40 CFR part 503, as well as Montana’s state requirements for septic waste land application.
Legal Ramifications
T.P. Construction was initially charged with two counts of violating the Clean Water Act (CWA): 33 U.S.C. 1319(c)(1)(A) for negligent violation and 33 U.S.C. 1345(e) for illegal disposal of sludge. The company ultimately pled guilty to the charges. In addition to the $25,000 fine, T.P. Construction was sentenced to a 12-month period of probation, requiring them to demonstrate future compliance with environmental regulations.
Improper Disposal Risks
Federal authorities emphasize the serious health and environmental risks associated with improper septic waste disposal. Untreated sewage can contaminate water sources, spread disease, and pose significant threats to both human and animal populations. This case serves as a stark reminder of the importance of responsible waste management practices and the potential consequences of prioritizing profit over public safety.
Key Facts
- Defendant: T.P. Construction, Inc.
- Location: Fort Belknap Indian Reservation, Montana
- Crime: Illegal dumping of septic waste
- Date of Offense: November 18, 2009
- Statutes Violated: 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1345(e)
- Penalty: $25,000 fine and 12 months probation
- Employee Involved: William Hinkle, T.P. Construction driver
Source: EPA ECHO Enforcement Case Database
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