Mark Nolen, Clean Water Act Violation, VA 1999

Martinsville, VA – Former wastewater treatment plant manager Mark Nolen was sentenced in September 1999 following a guilty plea related to years of negligent violations of the Clean Water Act. The case, stemming from operations at the Upper Smith River wastewater treatment facility, revealed a pattern of mismanagement and falsified reporting that led to the illegal discharge of pollutants into the Smith River.

Nolen, who oversaw the plant from late 1984 to late 1995, deliberately allowed excessive solids to accumulate within the facility’s clarifiers – crucial basins designed to separate waste. Rather than properly removing these solids, Nolen’s inaction resulted in periodic “washouts” during rainfall, sending untreated waste directly into the Smith River. This practice, occurring multiple times annually, circumvented established environmental safeguards and threatened the river’s ecosystem.

The Environmental Protection Agency’s (EPA) investigation, which began in late 1998, also uncovered a systematic effort to conceal the plant’s deficiencies. Nolen, along with his supervisor, reportedly failed to operate and maintain the facility properly and knowingly submitted inaccurate, incomplete, and false monthly monitoring data to the Virginia Department of Environmental Quality. This deliberate misinformation prevented regulators from identifying and addressing the escalating problems at the plant.

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Legal Ramifications

Nolen, along with his supervisor, pleaded guilty to negligent violations of 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act. The sentence, handed down on September 14, 1999, included two months of incarceration, a 24-month probationary period, and a $5,000 federal fine. However, the penalties weren’t limited to the individuals involved.

Henry County, which owned and operated the Upper Smith River facility, also faced significant consequences. The county received 36 months of probation and was ordered to pay a total of $1 million in fines. This included $900,000 designated for community service environmental projects and an additional $100,000 in federal fines. The substantial financial penalty underscores the severity of the violations and the EPA’s commitment to holding responsible parties accountable.

Key Facts

Defendant: Mark Nolen
Location: Upper Smith River Wastewater Treatment Facility, Virginia
Years of Violation: Late 1984 – Late 1995
Statutes Violated: 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
Penalties: Nolen – 2 months incarceration, 24 months probation, $5,000 fine. Henry County – 36 months probation, $1 million in fines ($900,000 community project, $100,000 federal).
Nature of Crime: Negligent discharge of pollutants into the Smith River and falsification of environmental monitoring data.

This case serves as a stark reminder of the critical importance of diligent oversight and honest reporting in the operation of wastewater treatment facilities. The EPA continues to prioritize enforcement of the Clean Water Act to protect vital waterways and public health.

Source: EPA ECHO Enforcement Case Database

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