United States v. Timothy J. Sinskey, United States of America v. Wayne Kumm

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The defendants appeal their convictions for criminal violations of the Clean Water Act. We affirm the judgments of the trial court. 1

I

In the early 1990s, Timothy Sinskey and Wayne Kumm were, respectively, the plant manager and plant engineer at John Morrell & Co. (“Morrell”), a large meat-packing plant in Sioux Falls, South Dakota. The meatpacking process created a large amount of wastewater, some of which Morrell piped to a municipal treatment plant and the rest of which it treated at its own wastewater treatment plant (“WWTP”). After treating wastewater…