Clarksville, VA – Construction giant AMEC Civil, LLC, avoided a full criminal trial in 2007 by entering into a pre-trial diversion program after being accused of illegally dumping concrete waste into the J.H. Kerr Reservoir in Clarksville, Virginia. The incident, which occurred on August 1, 2001, involved the unauthorized discharge of approximately 2,500 gallons of concrete slurry during the construction of the Clarksville Bypass Project, a multi-million dollar infrastructure undertaking contracted by the Virginia Department of Transportation (VDOT).
The Environmental Protection Agency (EPA) brought the charges against AMEC Civil, alleging violations of the Clean Water Act (CWA) – specifically 33 U.S.C. 411, 33 U.S.C. 407, and 33 U.S.C. 1311(a). The J.H. Kerr Reservoir is considered a navigable water of the United States, meaning discharges into it are strictly regulated to protect water quality and aquatic life. Investigators determined that AMEC employees knowingly bypassed established environmental controls, resulting in the direct contamination of the reservoir.
The case initially targeted two project managers, Rick Callahan and Loch Louman, who were directly implicated in the illegal discharge. Louman was indicted on one count each of knowingly violating the Clean Water Act [33 U.S.C. 1319(c)(2)(A)] and violating the Refuse Act [33 U.S.C. 407]. Callahan faced similar charges, filed as an Information, alleging violations of both the CWA and the Refuse Act. The Refuse Act prohibits the unlawful discharge of any substance into U.S. waters.
While AMEC Civil itself was charged with one count of violating the CWA [33 U.S.C. 1311] and two counts of violating the Refuse Act [33 U.S.C. 407 and 411], the company avoided a formal conviction through the pre-trial diversion program. This agreement mandated a comprehensive corporate-wide compliance program, including environmental audits and employee training. Crucially, AMEC Civil was required to pay a $100,000 fine and donate $350,000 to the Southern Environmental Enforcement Training fund, intended to bolster environmental enforcement activities across the region.
Both Callahan and Louman eventually pled guilty to their respective charges. On April 30, 2007, Louman received a 30-day jail sentence, followed by 30 days of home confinement and 12 months of supervised release. He was also ordered to pay a $25 special assessment and a $1,500 fine. Callahan received a lighter sentence on May 15, 2007: 15 days incarceration and 12 months probation, along with a $25 special assessment. The relatively lenient individual sentences, combined with the corporate diversion program, have drawn scrutiny from environmental advocacy groups who argue that the penalties were insufficient given the potential ecological damage caused by the concrete slurry discharge.
Key Facts
- Defendant: AMEC Civil, LLC
- Location: J.H. Kerr Reservoir, Clarksville, Virginia
- Date of Incident: August 1, 2001
- Crime: Illegal discharge of approximately 2,500 gallons of concrete slurry.
- Statutes Violated: Clean Water Act (33 U.S.C. 411, 33 U.S.C. 407, 33 U.S.C. 1311(a)), Refuse Act (33 U.S.C. 407)
- Penalties: AMEC Civil – $100,000 fine, $350,000 donation to environmental fund, compliance program. Callahan – 15 days incarceration, 12 months probation, $25 assessment. Louman – 30 days incarceration, 30 days home confinement, 12 months supervised release, $1,525 in fines and assessments.
GrimyTimes will continue to follow environmental enforcement cases and report on potential impacts to public health and safety.
Source: EPA ECHO Enforcement Case Database
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