Barry Smith, Violating Clean Water Act, Pennsylvania 2005

Reading, PA – Barry Smith, the president and owner of PRI, has avoided prison time but faces significant financial penalties and a lengthy probationary period following a guilty plea related to illegal discharges into the City of Reading’s sewer system. The case, stemming from consistent violations of the Clean Water Act, highlights the dangers of industrial pollution and the risks posed to both public health and infrastructure.

According to court documents, PRI repeatedly discharged methylene chloride and lead into the Reading sewer system. The Environmental Protection Agency (EPA) investigated after receiving complaints and discovering the discharges were not only unpermitted, but also reached levels dangerously close to the lower explosive limit – creating a substantial risk of fire or explosion within the sewer network. Investigators also determined the discharges presented a direct threat to workers at the city’s publicly owned treatment works (POTW) due to the toxic and reactive gases released by the pollutants.

The situation was further complicated by the fact that PRI’s permit to discharge into the sewer system had expired in December 2000, five years prior to the charges being filed. Despite repeated warnings from authorities regarding the hazardous nature of the discharges and the lack of a valid permit, PRI continued to operate as before. The EPA’s criminal enforcement division took action on December 3, 2004, charging Smith with two counts of knowingly violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(2)(A).

Smith ultimately pled guilty to both counts, acknowledging his responsibility for the unlawful pollution. The prosecution argued that Smith’s negligence demonstrated a disregard for both environmental regulations and the safety of the community. The city of Reading incurred costs related to monitoring, remediation, and increased safety measures for its POTW employees as a direct result of PRI’s actions.

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Sentencing and Penalties

On April 15, 2005, Smith received a sentence of 60 months probation. In addition to the probationary period, he was ordered to pay a $200 special assessment fee, $40,000 in restitution to the City of Reading to cover the costs associated with the illegal discharges, and a federal fine of $10,000. While avoiding incarceration, the financial burden serves as a stark reminder of the consequences of environmental crimes.

This case underscores the EPA’s commitment to vigorously pursuing criminal violations of environmental laws. The agency continues to prioritize cases that pose a direct threat to public health and the environment, and holds individuals and companies accountable for their actions. The incident also raises questions about the effectiveness of preventative measures and the need for stricter oversight of industrial facilities.

Key Facts

Defendant: Barry Smith, President of PRI
Location: Reading, Pennsylvania
Year: 2005
Statutes Violated: 33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A) (Clean Water Act)
Pollutants Discharged: Methylene chloride and lead
Permit Status: Discharged without a valid permit since December 2000
Penalties: 60 months probation, $200 special assessment, $40,000 restitution to the City of Reading, $10,000 federal fine

Source: EPA ECHO Enforcement Case Database

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