Summary of Criminal Prosecutions
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FISCAL YEAR: 2013
1. PRINCIPAL DEFENDANT: Dennis Eugene (Denny) Simmons
S.D. Iowa 4:12-CR-00152-REL-CFB
S.D. Iowa 4:12-CR-00152-REL-CFB
2. DEFENDANT: Chamness Technology Inc. (CTI)
S.D. Iowa 4:12-CR-00149-RAW
S.D. Iowa 4:12-CR-00149-RAW
Dennis Simmons, an employee of CTI caused the discharge by failing to attach the umbilical hose and ensure that it was connected to a spray irrigator at the facility. The leachate water and storm water runoff entered the Palestine Creek and flowed to the Des Moines River, but the discharge was not permitted.
October 25, 2012
CTI was charged with violating the CWA {33 U.S.C. 1319(c)(1)(A) - negligent discharge of a pollutant from a point source to a water of the United States without a permit}.
They pled guilty to the charge.
CITATION: 33 U.S.C. 1311(a)
November 7, 2012
Simmons was charged with violating the CWA {33 U.S.C. (c)(2)(A) - knowing discharge of a pollutant from a point source to a water of the United States without a permit}.
He pled guilty to the charge.
January 23, 2013
CTI was sentenced to 24 months probation and ordered to pay a $100,000 federal fine.
March 8, 2013
Simmons was sentenced to 24 months probation. No fine was imposed.
STATUTE:
- Clean Water Act (CWA)