Summary of Criminal Prosecutions
FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: William H. Ringler
S.D. Ohio 2:10CR00118
S.D. Ohio 2:10CR00118
William Ringler is the owner of Ringler Feed Lots, Inc. The feedlot allowed an unpermitted discharge that killed more than 36,700 fish and other small aquatic animals in June 2007.
Thousands of gallons of liquid whey, a dairy by-product used as a food supplement, leaked twice in eight days from a tank on Ringler’s farm, entering the farm’s drainage system and flowing into the west branch of Alum Creek where it reduced dissolved oxygen levels.
May 12, 2010
Ringler was charged with one count of violatin gthe CWA {33 U.S.C. 1319(c)(1)(A) - negligent violation}.
CITATION: 33 U.S.C. 1319(c)(1)(A)
June 30, 2010
Ringler pled guilty to the charge.
News Release
June 30, 2010 OWNER OF PIG FARM IN ASHLEY, OHIO PLEADS GUILTY TO VIOLATING FEDERAL CLEAN WATER ACT, AGREES TO PAY MORE THAN $50,000 FINE Liquid whey spill killed more than 36,700 fish and other aquatic animals COLUMBUS – William H. Ringler, the owner and operator of a pig-feeding operation based in Ashley, Ohio, pleaded guilty in United States District Court today to one count of allowing an unpermitted discharge under the Clean Water Act after thousands of gallons of liquid whey leaked from a tank on the farm, flowed into Alum Creek and killed more than 36,700 fish and other small aquatic animals such as crawfish. Carter M. Stewart, United States Attorney for the Southern District of Ohio, Director Chris Korleski of the Ohio Environmental Protection Agency and Randall Ashe of U.S. EPA‘s Office of Criminal Enforcement announced the plea entered today before U.S. Magistrate Judge Elizabeth Preston Deavers. According to court documents, Ringler operates Steamtown Farm, a pig-feeding operation located in both Morrow and Delaware counties. In June 2007, a 26,000-gallon tank holding liquid whey, a dairy by-product used as a food supplement, leaked twice in eight days spilling thousands of gallons of the liquid whey on the ground. The spill entered the facility’s drainage system and ended up in the west branch of Alum Creek. The presence of the whey in the creek reduced the concentration of dissolved oxygen and caused the major fish kill. “As owner and operator of the facility, Mr. Ringler had the responsibility to take measures to try and prevent the spilled whey from entering the creek,” Stewart said. “Mr. Ringler admitted that he did not take appropriate measures.” “This case demonstrates that the state of Ohio is concerned about all releases from farming operations that can cause water pollution and fish kills,” Korleski said. “We hope this case and its serious legal consequences will deter other similar incidents and encourage compliance among agricultural facilities.” The plea agreement includes a recommended sentence of six months confinement consisting of three months imprisonment and three months of electronic monitoring. Ringler has agreed to pay a fine of $51,750 and a restitution payment of $17,250 to Ohio EPA. Ringler already paid $11,309.97 to the Ohio Department of Natural Resources (ODNR) for the cost of the dead fish and aquatic animals and ODNR’s investigation. Magistrate Judge Preston Deavers will review the recommendations and determine whether to accept the proposed sentence. She will then set a date for sentencing. Stewart commended the cooperative investigation by special agents from U.S. EPA’s Criminal Investigation Division, Ohio EPA’s Office of Special Investigations, ODNR’s Division of Wildlife, the Ohio Attorney General's Bureau of Criminal Identification and Investigation (Environmental Enforcement Unit), as well as Assistant U.S. Attorney Michael Marous who prosecuted the case. Incidents like this can be prevented when agricultural producers learn about regulations and best management practices. An abundance of information is available to assist producers. Some programs offer financial assistance. Technical assistance is available from the local Soil and Water Conservation Districts, USDA-Natural Resources Conservation Service and The Ohio State University Extension Service for developing conservation plans, including best management practices for nutrient management, manure management, and practices to minimize impacts to water quality, while improving crop and livestock production. The Ohio Department of Agriculture’s Livestock Environmental Permitting Program engineers and inspectors provide technical assistance to permitted livestock and poultry farms to improve or change structural or management practices. USDA Natural Resources Conservation Service’s Environmental Quality Incentive Program offers financial assistance for installation and implementation of best management practices. Several of the Lake Erie and Mississippi River basin local grant opportunities include implementation incentives to encourage new best management practices.
News Release
June 30, 2010 OWNER OF PIG FARM IN ASHLEY, OHIO PLEADS GUILTY TO VIOLATING FEDERAL CLEAN WATER ACT, AGREES TO PAY MORE THAN $50,000 FINE Liquid whey spill killed more than 36,700 fish and other aquatic animals COLUMBUS – William H. Ringler, the owner and operator of a pig-feeding operation based in Ashley, Ohio, pleaded guilty in United States District Court today to one count of allowing an unpermitted discharge under the Clean Water Act after thousands of gallons of liquid whey leaked from a tank on the farm, flowed into Alum Creek and killed more than 36,700 fish and other small aquatic animals such as crawfish. Carter M. Stewart, United States Attorney for the Southern District of Ohio, Director Chris Korleski of the Ohio Environmental Protection Agency and Randall Ashe of U.S. EPA‘s Office of Criminal Enforcement announced the plea entered today before U.S. Magistrate Judge Elizabeth Preston Deavers. According to court documents, Ringler operates Steamtown Farm, a pig-feeding operation located in both Morrow and Delaware counties. In June 2007, a 26,000-gallon tank holding liquid whey, a dairy by-product used as a food supplement, leaked twice in eight days spilling thousands of gallons of the liquid whey on the ground. The spill entered the facility’s drainage system and ended up in the west branch of Alum Creek. The presence of the whey in the creek reduced the concentration of dissolved oxygen and caused the major fish kill. “As owner and operator of the facility, Mr. Ringler had the responsibility to take measures to try and prevent the spilled whey from entering the creek,” Stewart said. “Mr. Ringler admitted that he did not take appropriate measures.” “This case demonstrates that the state of Ohio is concerned about all releases from farming operations that can cause water pollution and fish kills,” Korleski said. “We hope this case and its serious legal consequences will deter other similar incidents and encourage compliance among agricultural facilities.” The plea agreement includes a recommended sentence of six months confinement consisting of three months imprisonment and three months of electronic monitoring. Ringler has agreed to pay a fine of $51,750 and a restitution payment of $17,250 to Ohio EPA. Ringler already paid $11,309.97 to the Ohio Department of Natural Resources (ODNR) for the cost of the dead fish and aquatic animals and ODNR’s investigation. Magistrate Judge Preston Deavers will review the recommendations and determine whether to accept the proposed sentence. She will then set a date for sentencing. Stewart commended the cooperative investigation by special agents from U.S. EPA’s Criminal Investigation Division, Ohio EPA’s Office of Special Investigations, ODNR’s Division of Wildlife, the Ohio Attorney General's Bureau of Criminal Identification and Investigation (Environmental Enforcement Unit), as well as Assistant U.S. Attorney Michael Marous who prosecuted the case. Incidents like this can be prevented when agricultural producers learn about regulations and best management practices. An abundance of information is available to assist producers. Some programs offer financial assistance. Technical assistance is available from the local Soil and Water Conservation Districts, USDA-Natural Resources Conservation Service and The Ohio State University Extension Service for developing conservation plans, including best management practices for nutrient management, manure management, and practices to minimize impacts to water quality, while improving crop and livestock production. The Ohio Department of Agriculture’s Livestock Environmental Permitting Program engineers and inspectors provide technical assistance to permitted livestock and poultry farms to improve or change structural or management practices. USDA Natural Resources Conservation Service’s Environmental Quality Incentive Program offers financial assistance for installation and implementation of best management practices. Several of the Lake Erie and Mississippi River basin local grant opportunities include implementation incentives to encourage new best management practices.
October 19, 2010
Ringler was sentenced to 6 months incarceration and ordered to pay a $51,750 fine and $17,250 in judicially mandated fine (community service payment to Ohio EPA-Division of Surface Water for environmental improvements to Ohio watersheds).
U.S. Department of Justice
Southern District of Ohio
October 19, 2010
For Release Ohio Pig Farmer Sentenced to Prison, Fined $51,750 for Clean Water Act Violation COLUMBUS – William H. Ringler, the owner and operator of Steamtown Farm, a pig-feeding operation in Ashley, Ohio (Morrow and Delaware counties), was sentenced in United States District Court today to three months imprisonment, three months of electronic monitoring, a fine of $51,750 and a restitution payment of $17,250 to Ohio EPA for allowing an unpermitted discharge that killed more than 36,700 fish and other small aquatic animals in June 2007. Thousands of gallons of liquid whey, a dairy by-product used as a food supplement, leaked twice in eight days from a tank on Ringler’s farm, entering the farm’s drainage system and flowing into the west branch of Alum Creek where it reduced dissolved oxygen levels. In June 2010, Ringler pled guilty to one count under the federal Clean Water Act. U.S. Magistrate Judge Elizabeth Preston Deavers reviewed the plea agreement and accepted the proposed sentence. Ringler has already reimbursed Ohio EPA $6,123 in emergency response costs and paid more than $11,300 to the Ohio Department of Natural Resources (ODNR) for the cost of the dead fish and aquatic animals and ODNR’s investigation. Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Director Chris Korleski of Ohio EPA and Randall Ashe of U.S. EPA’s Office of Criminal Enforcement commended the cooperative investigation by special agents from U.S. EPA’s Criminal Investigation Division, Ohio EPA’s Office of Special Investigations, ODNR’s Division of Wildlife, the Ohio Attorney General's Bureau of Criminal Identification and Investigation (Environmental Enforcement Unit) and Assistant U.S. Attorney Michael Marous who prosecuted the case.
U.S. Department of Justice
Southern District of Ohio
October 19, 2010
For Release Ohio Pig Farmer Sentenced to Prison, Fined $51,750 for Clean Water Act Violation COLUMBUS – William H. Ringler, the owner and operator of Steamtown Farm, a pig-feeding operation in Ashley, Ohio (Morrow and Delaware counties), was sentenced in United States District Court today to three months imprisonment, three months of electronic monitoring, a fine of $51,750 and a restitution payment of $17,250 to Ohio EPA for allowing an unpermitted discharge that killed more than 36,700 fish and other small aquatic animals in June 2007. Thousands of gallons of liquid whey, a dairy by-product used as a food supplement, leaked twice in eight days from a tank on Ringler’s farm, entering the farm’s drainage system and flowing into the west branch of Alum Creek where it reduced dissolved oxygen levels. In June 2010, Ringler pled guilty to one count under the federal Clean Water Act. U.S. Magistrate Judge Elizabeth Preston Deavers reviewed the plea agreement and accepted the proposed sentence. Ringler has already reimbursed Ohio EPA $6,123 in emergency response costs and paid more than $11,300 to the Ohio Department of Natural Resources (ODNR) for the cost of the dead fish and aquatic animals and ODNR’s investigation. Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Director Chris Korleski of Ohio EPA and Randall Ashe of U.S. EPA’s Office of Criminal Enforcement commended the cooperative investigation by special agents from U.S. EPA’s Criminal Investigation Division, Ohio EPA’s Office of Special Investigations, ODNR’s Division of Wildlife, the Ohio Attorney General's Bureau of Criminal Identification and Investigation (Environmental Enforcement Unit) and Assistant U.S. Attorney Michael Marous who prosecuted the case.
STATUTE:
- Clean Water Act (CWA)