Ignoring the Need for a Permit Can Lead to Jail Time

By Joseph Koncelik on January 20, 2017

U.S. EPA released its December Environmental Crimes Bulletin. One notable case highlighted involved the failure to obtain and industrial pre-treatment permit for discharges to the municipal wastewater system. As set forth in the bulletin, U.S. EPA describes the case as follows:

Thomas H. Faria, Sheffield’s former president and chief executive officer, who pleaded guilty to a felony violation of the Clean Water Act on July 8, 2014. From at least April 2004 to May 2011, under Faria’s leadership, Sheffield discharged polluted industrial wastewater from its New London factory into the municipal sewage system without the required permit and industrial wastewater treatment system. As a condition of his guilty plea, Faria resigned from the company on March 7, 2014, and no longer has any role in its operations or management. On February 13, 2015, Judge Thompson sentenced Faria to three years of probation, a $30,000 fine, and 300 hours of community service.

As described in the bulletin, U.S. EPA states that the former president of the company was informed by consultants and its own employees that a permit and some pre-treatment was needed to legally continue the indirect discharge of industrial wastewater into the municipal system.

Evidence the president had knowledge is what likely made U.S. EPA pursue this as a criminal case. However, keep in mind that the Clean Water Act has a criminal negligence standard. Therefore, U.S. EPA has the ability to pursue criminal charges even if it doesn’t have specific evidence that company personnel were aware of permitting requirements.

Here is the criminal negligence provision in 33 U.S.C. § 1319

(c)Criminal penalties

(1)Negligent violationsAny person who—

(A)

negligently violates section 1311, 1312, 1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title by the Administrator or by a State, or any requirement imposed in a pretreatment program approved under section 1342(a)(3) or 1342(b)(8) of this title or in a permit issued under section 1344 of this title by the Secretary of the Army or by a State; or

(B)

negligently introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under section 1342 of this title by the Administrator or a State;

shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or by both.