Thomas S. Chisholm, Water Pollution, CO 1999

Alamosa, CO – In a case highlighting the severe consequences of environmental negligence, Thomas S. Chisholm was sentenced in 1998 for his role in a conspiracy to pollute Colorado waterways. The case, stemming from the operations of the Summitville Consolidated Mining Company, Inc. (SCMCI), exposed a deliberate pattern of falsifying data and illegally discharging pollutants into sensitive ecosystems.

Federal prosecutors detailed how Chisholm, along with SCMCI and co-defendant Buckner, engaged in a scheme to bypass environmental regulations governing the Summitville Mine. The mine, located in the San Juan Mountains, discharged contaminants into Wightman Fork and Cropsy Creek, both tributaries of the Alamosa River, which ultimately feeds into the Rio Grande. These discharges exceeded the limits established in the mine’s Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permit.

The investigation, which began to unfold in 1995, revealed that the conspiracy extended beyond simply exceeding permit limits. Chisholm and others actively concealed the extent of the pollution from the Environmental Protection Agency (EPA) and other regulatory bodies. False statements were submitted, and crucial information regarding the mine’s environmental impact was deliberately withheld. Buckner was indicted on similar charges, alleging knowing violations of the CWA.

On June 15, 1995, Chisholm was indicted on 33 counts, including one count of conspiracy (18 U.S.C. 371), two counts of making false statements (18 U.S.C. 1001), and 30 counts of negligent violations of the Clean Water Act (33 U.S.C. 1319(c)(2)(A)). SCMCI faced an even more extensive indictment with 40 counts. Buckner was later indicted on February 2, 1995, on 12 counts of CWA violations, 3 counts of false statements, and one count of conspiracy.

The legal fallout was substantial. In May 1996, Summitville Consolidated Mining Company, Inc. pleaded guilty to all 40 counts against it. The company was sentenced on August 22, 1996, to a staggering $17.5 million in penalties for the Clean Water Act violations, a $2 million fine for the false statements, and a $500,000 fine related to the conspiracy charge. Chisholm and Buckner ultimately received six-month prison sentences, followed by 54 months of probation, and were ordered to pay $20,000 each in federal fines on December 18, 1998.

Table of Contents

Key Facts

Defendant: Thomas S. Chisholm
Company Involved: Summitville Consolidated Mining Company, Inc. (SCMCI)
Location: Summitville Mine, Colorado
Statutes Violated: 33 U.S.C. 1319(c)(2)(A) (Clean Water Act – Negligent Violation), 18 U.S.C. 1001 (False Statements), 18 U.S.C. 371 (Conspiracy)
Penalties: Chisholm – 6 months imprisonment, 54 months probation, $20,000 fine; SCMCI – $20 million in fines
Waterways Affected: Wightman Fork, Cropsy Creek, Alamosa River, Rio Grande

This case serves as a stark reminder that environmental crimes carry significant legal and financial repercussions. The EPA’s criminal enforcement program continues to prioritize the protection of the nation’s waterways and hold accountable those who prioritize profit over environmental responsibility.

Source: EPA ECHO Enforcement Case Database

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