This is the story I was referring to - I understated the cost to Rodney.
TOPEKA, KAN. – A man who owns property in Jackson County, Kan., was sentenced Friday for violating the federal Clean Water Act according to U.S. Attorney Barry Grissom.
Rodney Heinen, 38, Dawson, Neb., was fined $20,000 and ordered to complete restoration of two properties in Jackson County pursuant to a professional restoration plan that estimated the cost at more than $500,000.
Heinen pleaded guilty to one count of discharging pollutants into a stream without a permit. In his plea, he admitted he caused earthen fill and wood debris to be placed in streams flowing through properties he owns in Jackson County.
A regulatory specialist with the Corps of Engineers discovered the violations on one of Heinen’s properties on Feb. 2, 2012. Heinen refused to allow the Corps of Engineers access to the property to make an environmental assessment. The violation affected several unnamed tributaries to Straight Creek, which drains into the Delaware River, which is classified as a Traditionally Navigable Water.
In 2013, the Corps of Engineers found a similar violation on another property in Jackson County owned by Heinen. The violation affected two unnamed tributaries to North Cedar Creek, which drains into the Delaware River.
The only pollutant ever mentioned by anyone was dirt and wood debris - he dozed dirt and brush into the ditches. The Army Corp of Engineers (who supposedly only regulate navigational waters) got involved because the "unnamed tributaries" (read ditches) flow (when it rains) into a stream and the stream eventually flows into a river. Using that logic the Army Corp of Engineers can regulate your kitchen faucet. My mistake was I thought it was the EPA - not the Corps, both regulate Section 404.
What got Rodney in so much trouble was when the Corp showed up he told them in no uncertain terms to go stuff it. If they wanted on his property (he was in no government programs) they could go get a warrant. Instead they decided to make an example of him. The Corp can go onto anyone's property anytime they want looking for whatever they want. Had they been "law enforcement" looking for a kidnapped child he had buried on his property they would have had to get a warrant - but the Corp, the EPA, FDA, OSHA, ICE, and any number of government "agencies" don't have to abide by the 4th Amendment. If you have a doubt try stopping a game warden from entering your home. The Corp wanted anyone else that thought of defying them to know what happened to the last guy.
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