Continuously serving Kosciusko County since 1854
SOUTH BEND - David Van Dyke, the former operator of the Warsaw Wastewater Treatment Plant, was on trial Monday in U.S. District Court on charges he violated the Clean Water Act with illegal discharges.
Van Dyke was charged in March by a 37-count federal grant jury indictment. Those charges included filing false laboratory bench sheets, monthly reports and discharge monitoring reports, and illegally discharging diesel fuel from the plant.
He was accused of discharging solids and sludge - along with large quantities of diesel fuel into nearby Walnut Creek - in violation of the plant's pollutant discharge permit.
A property owner adjoining Walnut Creek testified that the creek began to smell of rotten eggs last summer. The creek also suffered a large fish kill, which was investigated by the Indiana Department of Natural Resources.
Allegedly, Van Dyke attempted to cover up the permit violations by altering and falsifying lab and plant operating reports. Those reports are submitted to the Indiana Department of Environmental Management.
The violations involved discharges exceeding permitted levels.
Van Dyke also reportedly ordered employees of the plant to apply diesel fuel in the plant to reduce the amount of foam in discharges.
The releases allegedly occurred from 2001-02.
A superseding indictment with the same number of counts was returned in July.
The trial's testimony began late Monday after the jury was seated. The trial is expected to take seven days with U.S. District Judge Robert L. Miller Jr. presiding.
If convicted of all charges, Van Dyke could be imprisoned for more than 70 years and could be fined millions of dollars.
