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