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William Zarecor, Pollution, TN 2004

Cypress Creek Farm Operator Sentenced for Illegal Waste Discharge

A Tennessee hog farm operator has been sentenced for knowingly discharging pollutants into a local waterway without a permit. William Zarecor, a partner and manager of Highland Enterprises, which operated Cypress Creek Farm, pled guilty to a violation of the Clean Water Act (CWA) in March 2004. The case highlights ongoing concerns regarding agricultural runoff and its impact on water quality across the state and nation.

According to court documents, Zarecor oversaw operations at the farm where animal waste was routinely flushed from barns into a large waste lagoon. State inspectors discovered the illegal activity when they found two siphon lines actively discharging effluent from the lagoon directly into Cypress Creek, utilizing a nearby ditch as a conduit. Water samples collected from Cypress Creek revealed dangerously high levels of fecal coliform and E. coli bacteria, posing a potential health risk to both the environment and nearby residents.

The investigation revealed that neither Zarecor nor Highland Enterprises possessed the necessary permits required to legally discharge any waste into Cypress Creek. The unauthorized discharge constituted a direct violation of federal environmental regulations designed to protect waterways from harmful pollutants. The CWA mandates that all point-source discharges – any identifiable source of pollution – must be authorized by a permit issued under the National Pollutant Discharge Elimination System (NPDES).

Legal Ramifications

Zarecor was formally charged with one count of violating 33 U.S.C. §1311, pertaining to the discharge of pollutants, and 33 U.S.C. §1319(c)(1)(A), covering negligent violations of the Clean Water Act. Upon entering a guilty plea, Zarecor received a sentence of 12 months probation. He was also ordered to pay a $2,500 federal fine, in addition to a $25 special assessment fee. While the penalties may seem relatively minor, environmental advocacy groups argue that they do not adequately address the severity of the environmental damage caused by such negligence.

Key Facts

  • Defendant: William Zarecor
  • Location: Cypress Creek Farm, Tennessee
  • Year: 2004
  • Statutes Violated: 33 U.S.C. §1311 and 33 U.S.C. §1319(c)(1)(A) – Clean Water Act
  • Discharge: Untreated animal waste containing high levels of fecal coliform and E. coli
  • Penalty: 12 months probation, $2,500 fine, $25 special assessment

This case serves as a cautionary tale for agricultural operations. The Environmental Protection Agency (EPA) continues to prioritize enforcement of the Clean Water Act, with a particular focus on addressing pollution from concentrated animal feeding operations (CAFOs). GrimyTimes will continue to follow environmental crime cases as they develop.


Source: EPA ECHO Enforcement Case Database

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