Summary of Criminal Prosecutions
FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: Riddle, Inc.
N.D. Iowa CR 10-118
N.D. Iowa CR 10-118
2. DEFENDANT: Gene L. Riddle
N.D. Iowa CR 10-118
N.D. Iowa CR 10-118
Riddle admitted he owned a business in Monticello, Iowa, known as Riddle, Inc. Riddle, Inc. used many chemicals in its manufacturing process. Riddle, Inc. stored these chemicals in its deteriorating building located approximately 400 feet from Kitty Creek. Riddle, Inc. and Gene Riddle did not have a permit issued by the United States Environmental Protection Agency (EPA) or by the state of Iowa to store these chemicals. Kitty Creek flooded in 1993, 2002, and 2009. During each of these floods, Kitty Creek rose and entered Riddle Inc.’s building in which the above-described chemicals were stored. In 2009, the flood reached a height of at least three feet in the building moving drums and containers of the above-described chemicals within the building. The water from Kitty Creek flowed freely through the holes in Riddle Inc.’s building.
November 18, 2010
The defendants were charged with violating RCRA {42 U.S.C. 6928(d)(2)(A) – knowingly storing and causing to be stored hazardous waste}. Riddle was also charged with violating the Clean Water Act (CWA) {33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(1)(A) – negligently discharging and causing to be discharged a pollutant from a point source into the waters of the United States without a permit}.
CITATION: 33 U.S.C. 1319(c)(2)(A), 42 U.S.C. 6928(e)
November 18, 2010
Gene Riddle, acting on behalf of Riddle Inc., pled guilty to the RCRA count.
In addition, Riddle pled guilty to the CWA count.
March 17, 2011
Riddle, Inc. was sentenced to 60 months probation.
Gene Riddle was sentenced to 60 months probation and ordered to pay restitution in the amount of $273,261 to the U.S. EPA.
Press Release
Northern District of Iowa
FOR IMMEDIATE RELEASE
March 28, 2011
MONTICELLO MAN SENTENCED FOR VIOLATION OF CLEAN WATER ACT
A man who negligently discharged hazardous waste into the water was sentenced March 17, 2011, to 5 years probation and 120 hours of community service. Gene Riddle, 75, from Monticello, Iowa, received the probationary term after a guilty plea to a clean water act violation. In a plea agreement, Riddle admitted he owned a business in Monticello, Iowa, known as Riddle, Inc. Riddle, Inc. used many chemicals in its manufacturing process. Riddle, Inc. stored these chemicals in its deteriorating building located approximately 400 feet from Kitty Creek. Riddle, Inc. and Gene Riddle did not have a permit issued by the United States Environmental Protection Agency (EPA) or by the state of Iowa to store these chemicals. Kitty Creek flooded in 1993, 2002, and 2009. During each of these floods, Kitty Creek rose and entered Riddle Inc.’s building in which the above-described chemicals were stored. In 2009, the flood reached a height of at least three feet in the building moving drums and containers of the above-described chemicals within the building. The water from Kitty Creek flowed freely through the holes in Riddle Inc.’s building. Riddle was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Riddle was sentenced to 5 years probation, 120 hours of community service, a special assessment of $25 was imposed, and he was ordered to make $273,261 in restitution to the United States Environmental Protection Agency. The case was prosecuted by Assistant United States Attorney Matthew J. Cole and investigated by US Environmental Protection Agency.
STATUTE:
- Clean Water Act (CWA)
- Resource Conservation and Recovery Act (RCRA)