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8/13/2026
WT Staff
 Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@wtny.us
Aug 13, 2026 116 pm EDT
CrimeBox
Historic Conviction Fiscal Year 2014; Case ID# CR_2534 (Kansas)
Highly toxic effluent released from Hays wastewater plant, the plant Superintendant convicted of CWA violation
The Defendant in this case is a municipal employee tasked with running the City of Hays, KS wastewater treatment plant. The 58-yr old was charged with a single count violation of the Clean Water Act, for negligent release of ammonia above the permitted level in Feb 2012.
The Superintendent of the Hays Wastewater Treatment Plant admitted to allowing a discharge of effluent known to contain ammonia nitrogen, a contaminant highly toxic to aquatic life, in excess of the state and federal permitted levels. The concentration of ammonia released in this case was 46.2 mg/L, more than five times the highest permitted level in Kansas.
According to the US Environmental Protection Agency, ammonia (NH3) is a common toxicant derived from wastes, fertilizers and natural processes. Ammonia discharge limits are determined for each permit holder under the National Pollutant Discharge and Eliminations System (NPDES), based on the capacity of the receiving water body, in this case Chetolah Creek, a tributary of Big Creek/Smoky Hill River basin.
Ammonia is a common cause of fish kills. The EPA fact sheet on ammonia indicates elevated concentrations in the waterways impacts fish development including "growth, gill condition, organ weights and hematocrit (Milne et al. 2000). Exposure duration and frequency strongly influence the severity of effects (Milne et al. 2000)". State and national discharge permits establish limits for contaminants so that the receiving waters do not become toxic. It is up to the discharge permit holders to comply with their permits, maintaining clean water for the benefit of all.
Sentencing was set at a federal fine and one year of supervision by the court.
Federal Fines: $1,500; Probation: 12 months
See last week's CrimeBox here, "Improper handling of toxic pollutants during building demolition leads to a criminal conviction under the Clean Water Act"
CrimeBox briefs are compiled from EPA Criminal Enforcement records.
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