Fletcher, NC – The owner of one of North Carolina’s largest dairy farms and the farm itself have been penalized for illegally discharging massive amounts of cow waste into the French Broad River, a vital waterway supplying drinking water to over a million people. William “Billy” Franklin Johnston, 62, owner of Tap Root Dairy, LLC, was sentenced to four years of probation, including six months of home detention, and ordered to pay a $15,000 fine. Tap Root Dairy, LLC, received a $80,000 fine and a four-year probationary term, alongside a requirement to adhere to a comprehensive environmental compliance plan.
The case, stemming from a criminal bill of information filed in November 2013, charged both Johnston and the dairy with a violation of the Clean Water Act (33 U.S.C. 1311(a)). Investigators discovered that beginning in 2009, Johnston allowed his certification as Operator in Charge (OIC) of the farm’s animal waste management system to lapse. Despite repeated warnings and notices, a valid OIC wasn’t designated until December 4, 2012 – the same day a significant spill occurred. For 93 days prior, records indicate a failure to adequately monitor and maintain waste levels in on-site containment lagoons.
On December 4, 2012, approximately 11,000 gallons of cow feces and other animal waste overflowed from the lagoons and entered the French Broad River. Subsequent testing by the North Carolina Department of Environment and Natural Resources revealed shockingly high fecal coliform levels – 99,000 parts per million at the discharge point, far exceeding the 800 ppm threshold indicating a release. Even downstream, levels remained dangerously elevated at 2,200 ppm. The French Broad River, already listed as “impaired” for fecal coliform bacteria in 2012, faced further contamination.
Federal prosecutors emphasized the severity of the offense, particularly given Johnston’s position as a Board Member of the North Carolina Department of Agriculture and a Council member for the Town of Mills River. “Agriculture is an important sector of Western North Carolina’s economy but it should not thrive at the expense of public health,” stated Acting U.S. Attorney Jill Westmoreland Rose. Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program, added that animal waste is regulated under the Clean Water Act due to its potential to harm the environment and public health, and accountability is crucial.
The investigation was a collaborative effort between special agents from the EPA’s Criminal Investigation Division and the State Bureau of Investigation’s (SBI) Diversion and Environmental Crimes Unit. Assistant United States Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte led the prosecution. The sentencing serves as a warning to agricultural operations that non-compliance with environmental regulations will not be tolerated, especially when it threatens vital water resources.
Key Facts
- Defendant: Tap Root Dairy, LLC and William “Billy” Franklin Johnston
- Crime: Violation of the Clean Water Act (33 U.S.C. 1311(a))
- Location: Fletcher, North Carolina
- Date of Spill: December 4, 2012
- Waste Discharged: Approximately 11,000 gallons of cow feces and animal waste
- Penalties: Tap Root Dairy – $80,000 fine, 4 years probation, compliance plan. Johnston – $15,000 fine, 4 years probation (6 months home detention).
- Fecal Coliform Levels: 99,000 ppm at discharge, 2,200 ppm downstream (exceeding the 800 ppm threshold)
The incident underscores the importance of responsible animal waste management practices, particularly in areas like the French Broad River watershed, where recreational use and drinking water supplies are at risk. The compliance plan imposed on Tap Root Dairy will likely include stricter monitoring protocols, improved lagoon maintenance, and a designated, certified OIC to ensure future adherence to environmental regulations.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Michael Alexander Crowell, Raw Sewage Pollution, North Carolina 2023 · North Carolina
- V Ships Norway, Pollution Fine, USA 2023 · Louisiana
- Dallas Food Program Thief Gets 18 Months · Texas
- Ricky McMillian, Covid Relief Money Scam, Robeson County NC, 2023 · North Carolina
- Leo Burnett Company, Army Contract Fraud, Panama City FL, 2000-2005 · Illinois
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime