Harriman, TN – Clary P. Foote was sentenced in June 2002 following a deliberate discharge of hazardous waste into the Emory River, impacting local aquatic life and vegetation. Foote, the owner of the former Harriman Power and Paper Mill, pled guilty to violating the Clean Water Act (CWA) after intentionally releasing approximately 500,000 gallons of black liquor – a highly polluting byproduct of the paper-making process – into a tributary of the Emory River.
The incident occurred during a rainstorm, a detail investigators believe was intended to mask the illegal dumping. Foote, along with an employee, reportedly opened a valve on a storage tank containing the black liquor, allowing it to flow into a pond connected to the Emory River. The black liquor’s high Chemical Oxygen Demand (COD) significantly depleted oxygen levels in the water, creating a toxic environment for fish and other aquatic organisms. The resulting pollution extended beyond immediate mortality, impacting the long-term health of the river’s ecosystem.
Federal prosecutors presented evidence demonstrating Foote’s knowing violation of environmental regulations. The indictment, filed in December 2001, detailed the intentional nature of the discharge and the potential for significant environmental harm. The case highlights a troubling pattern of disregard for environmental protection laws, driven, sources say, by attempts to avoid the costs associated with proper waste disposal. The former mill site had long been a source of environmental concern, and Foote’s actions exacerbated existing problems.
Legal Ramifications
Foote was charged with violating 33 U.S.C. 1311(a), which prohibits the discharge of pollutants into navigable waters without a permit, and 33 U.S.C. 1319(c)(2)(a), addressing knowing violations of the Clean Water Act. Additionally, 18 U.S.C. 2, a general criminal code section, was cited in the indictment. The sentencing reflected the severity of the offense, incorporating both punitive measures and restorative justice components.
Sentencing & Restitution
The court imposed a 12-month home confinement sentence, followed by a 24-month probation period. Foote was also ordered to perform 300 hours of community service, a condition designed to provide a direct benefit to the community impacted by his actions. Beyond the custodial sentence, the court mandated a $10,000 fine and $74,956.64 in restitution. This restitution was distributed to the Tennessee Department of Environment and Conservation, the Tennessee Valley Authority Police, and Southern Environmental Enforcement Training, Inc., to cover the costs of environmental cleanup, investigation, and future enforcement efforts.
Key Facts
- Defendant: Clary P. Foote
- Location: Harriman, Tennessee
- Crime: Illegal discharge of black liquor into the Emory River
- Pollutant: Approximately 500,000 gallons of black liquor (high COD)
- Laws Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(2)(a), 18 U.S.C. 2
- Sentence: 12 months home confinement, 24 months probation, 300 hours community service, $10,000 fine, $74,956.64 restitution
- Date of Plea: June 2002
The case serves as a stark reminder of the potential consequences for those who prioritize profit over environmental responsibility. While the financial penalties and community service represent some measure of accountability, the long-term ecological impact of the pollution remains a concern for local environmental groups.
Source: EPA ECHO Enforcement Case Database
