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5/13/2026
WT Staff
Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@wtny.us
May 13, 2026 410 pm EDT
CrimeBox
Historic Conviction Fiscal Year 2013; Case ID# CR_2451 (North Dakota)
The first CWA criminal prosecutions in North Dakota lead to two sewage hauling companies fined $50,000 for hundreds of loads of sewage sludge drilled into fields and creeks
"As the nation continues important energy extraction activities, exploration companies are increasing the number and size of drilling rig sites and crew camps. Companies must ensure that all waste connected with the drilling process is treated and disposed of safely and legally. Illegally discharged sewage can sicken or injure people, fish and wildlife. Today's sentence show that those who try to save money by ignoring our environmental laws will be held responsible for their actions."
- Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in North Dakota
The Defendants in this case are two companies providing sewage disposal services in North Dakota. Both Defendants employed drivers to operate vacuum trucks, pumping out human sewage from crew housing and portable toilets at remote oil well sites. The Defendants admitted to the illegal dumping of domestic sewage sludge, a felony violation of the Clean Water Act.
The incidents leading to these prosecutions occurred in various locations in rural North Dakota. The first Defendant admitted to illegal dumping on a Williams County farm field in January 2012. An EPA Criminal Investigation Division agent declared on affidavit, at least 178 loads of domestic sewage were dumped on the same field from June 2011 to January 2012. The force of the discharge carved channels in the frozen field up to two and a half feet deep, running the length of a football field.
The first Defendant admitted to additional violations, including dumping in Mountrail County up to July of 2012. In all, more than 750 loads of sewage were discharged at the Mountrail site.
Sewage biosolids are accepted as fertilizer by the EPA. Regulations for field application require uniform spreading at controlled rates. The Defendant's employees admitted that due care was not taken to ensure public safety, in that no effort was made to prevent the dangerous channels forming. No effort was made toward an even distribution across the field. Employees for both Defendants admitted they opened the tank valves all the way and drove until the tanks were empty. This negligent practice was repeated with hundreds of loads, creating a hazard for the operator of any equipment running over the field in the future, though it was certainly the most efficient way to empty the tanks.
A second trial around the same time involved another domestic sewage service in North Dakota, also charged for illegal dumping. The second Defendant dumped at a ranch in McKenzie County, in close proximity to a creek. This site received more than 78 loads of sewage, while another location in Williams County had raw sewage delivered to a tributary of the Epping/Springbrook Dam. Williams County website indicates "the park at Epping/Springbrook Dam is located about 15 miles east of Williston and offers camping, a fishing pier, a playground, and more." Closed for construction in 2026.
Judge Hovland sentenced each of the Defendants to a $50,000 federal fine and $400 special assessment fee. Both companies were ordered to implement Environmental Compliance Plans to be monitored by the North Dakota Department of Health.
The Department of Justice press release included statements from the prosecutors intended for public consumption.
"The strong enforcement of environmental laws is essential to preserving North Dakota's natural resources for future generations, said Ignacia S. Moreno, the Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. Activities such as sewage disposal can be done safely, responsibly and in accordance with the law. We will vigorously prosecute those who cut corners at the expense of human health and the environment in North Dakota."
"These historic convictions under the Clean Water Act are a first for the North Dakota United States Attorney's Office," said United States Attorney for North Dakota Timothy Purdon. "We are committed to using all the tools at our disposal as federal prosecutors to protect the water, air and wildlife in western North Dakota."
These cases were investigated by the Environmental Protection Agency's Criminal Investigation Division and the North Dakota Department of Health. These cases were prosecuted by Assistant U.S. Attorney Cameron Hayden and ENRD Environmental Crimes Section Trial Attorney Christopher Costantini.
Federal Fines: $100,000; Special Assessments: $800; Probation: 4 years; Environmental Compliance Plans.
See last week's CrimeBox here, "Sturgis Motorcycle Rally 2012 featured a brand new swimming hole in the camp. The dirt hit the fan in Federal District Court with $250,000 levied against the camp and its director."
CrimeBox briefs are compiled from EPA Criminal Enforcement records.
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