02/04/2008
Gervais Resident Sentenced to Federal Prison for Violating the Clean Water Act
Case is the first federal prosecution of a wetlands violation in Oregon
Portland, Ore. – Ivan Cam, 42, of Gervais, Oregon, was sentenced today by United States District Court Judge Garr M. King to 12 months in prison and one year of supervised release for violating the Clean Water Act. On August 16, 2007, Cam pled guilty to negligently discharging pollution into an unnamed tributary of the Pudding River without a permit. Cam was also ordered to pay a fine of $39,457.
Under the Clean Water Act, a person is prohibited from discharging pollutants, without a permit, into waters of the United States, including their adjacent wetlands. The defendant’s conviction involved his repeated filling of a wetland area adjacent to an unnamed tributary of the Pudding River in Marion County, Oregon. Between May 2004 and the sentencing, the U.S. Army Corps of Engineers alone had issued the defendant 22 cease and desist orders telling him to stop his activities in the affected wetland.
“Given Mr. Cam’s repeated disregard of warnings from the Corps, we are pleased with the conviction,” said Col. Thomas O’Donovan, Portland District Engineer, U.S. Army Corps of Engineers. “This case should serve as an example of the serious consequences of circumventing the permitting process. Wetlands play a critical role in environmental health and contribute to an area's water quality, flood damage reduction, economic and recreational potential.”
“Prosecution was justified in this case because the defendant repeatedly disregarded the law and put the environment at risk,” stated U.S. Attorney Karin Immergut. “We take the enforcement of the Clean Water Act and other federal environmental laws seriously and this case clearly lets this defendant, and others, know there are real consequences for committing environmental crimes here in Oregon.”
“Wetlands play a critical role in maintaining water quality, providing habitat for fish and wildlife, and reducing flood damage,” said Scott West, Special Agent in Charge for EPA Criminal Investigation Division’s Seattle Area Office. “We will not tolerate those who harm these essential natural resources and today’s sentence demonstrates that commitment.”
This case was investigated by the U.S. Army Corps of Engineers; the U.S. Environmental Protection Agency, Criminal Investigation Division; and the Oregon State Police. The case was prosecuted by Assistant United States Attorneys Scott Kerin and Neil Evans.
