Trace Inc., Water Pollution, Iowa 1999

Saratoga, IA – Trace, Inc., a hog farming operation, was convicted of a Clean Water Act violation following a massive fish kill in Crane Creek during July 1997. The incident, which decimated an 8.5-mile stretch of the waterway, resulted in the death of approximately 109,000 fish and sparked a swift investigation by both state and federal authorities.

The case unfolded thanks to the vigilance of a local citizen who, witnessing the alarming number of dead fish, documented the event with a videotape. This proactive individual traced the source of the pollution back to Trace, Inc.’s facility near Saratoga and immediately alerted law enforcement. Their efforts were later recognized with a Community Crime Spotter award, highlighting the importance of public involvement in environmental protection.

According to court documents, Trace, Inc. discharged wastewater containing hog manure directly into Crane Creek. This negligent discharge constituted a clear violation of the Clean Water Act, specifically 33 U.S.C. §1319(c)(1)(A), which addresses negligent violations of permit requirements, and 33 U.S.C. §1311(a), dealing with the prohibition of pollutant discharges without a permit. The manure’s influx significantly degraded the water quality, leading to a critical oxygen depletion and the subsequent fish kill.

On June 24, 1999, Trace, Inc. was formally charged with one count of violating the Clean Water Act. The company swiftly entered a guilty plea on June 25, 1999, accepting responsibility for the environmental damage. The sentencing reflected the severity of the offense, although some critics argue the penalties were insufficient given the scale of the ecological impact.

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Penalties and Restitution

The court sentenced Trace, Inc. to a $25 special assessment fee. More significantly, the company was ordered to pay $30,000 in restitution to the State Fish and Wildlife Fund of Iowa, aimed at replenishing the damaged fish population and restoring the creek’s ecosystem. Additionally, Trace, Inc. was assessed $10,000 in federal fines. While the financial penalties provide some redress, the long-term ecological consequences of the pollution remain a concern.

Key Facts

Defendant: Trace, Inc.
Location: Near Saratoga, Iowa
Date of Incident: July 1997
Crime: Clean Water Act Violation
Environmental Impact: Death of approximately 109,000 fish in an 8.5-mile stretch of Crane Creek.
Laws Violated: 33 U.S.C. §1319(c)(1)(A), 33 U.S.C. §1311(a)
Penalties: $25 special assessment, $30,000 restitution to Iowa Fish and Wildlife Fund, $10,000 federal fine.
Citizen Hero: A local citizen documented the pollution and alerted authorities, receiving a Community Crime Spotter award.

This case serves as a stark reminder of the potential environmental damage caused by agricultural runoff and the crucial role of both regulatory enforcement and citizen vigilance in protecting our waterways. GrimyTimes will continue to follow environmental crime cases and report on their outcomes.

Source: EPA ECHO Enforcement Case Database

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