Pensacola, FL – A 2007 case reveals a pattern of negligence and cover-up following a 2003 incident at a Pensacola Target department store, resulting in federal charges and penalties for both a supervisor and the retail giant itself. The incident involved the illegal discharge of acrylic roof coating into local waterways, impacting Bayou Texar, Carpenter Creek, and ultimately, Pensacola Bay.
The trouble began in October 2003 when a forklift operator accidentally punctured a 275-gallon drum of acrylic roof coating during routine roof maintenance. Instead of reporting and containing the spill, foreman David Hayes Marshall allegedly directed the emptying of the remaining contents directly into a storm drain – a clear violation of environmental regulations. Adding to the severity, another supervisor, Mark Ribbe, reportedly instructed an employee to continue the unlawful discharge.
Federal investigators uncovered the illegal dumping and initiated proceedings against both Marshall and Target Corporation. On November 16, 2005, Marshall was charged with one count of making false statements (18 U.S.C. 1001) and two counts of violating the Clean Water Act (33 U.S.C. 1319(c)(1)(A) – negligent violation and 33 U.S.C. 1319(c)(2)(A) – knowingly violates). He subsequently pled guilty to the false statement charge and the knowing violation of the CWA on January 18, 2006.
Sentencing and Penalties
In April 2006, Marshall received a sentence of five months incarceration on each count, to be served concurrently, followed by 24 months of probation. He was also ordered to pay a $200 special assessment fee and a $300 federal fine. Target Corporation faced its own consequences, being charged with a misdemeanor violation of the Clean Water Act in June 2006. The company pled guilty in September 2006 and was fined $75,000 plus a $125 special assessment.
The investigation didn’t end with Marshall and Target. Mark Ribbe was indicted in January 2007 on a felony charge of knowingly violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)). Ribbe also pled guilty and, in June 2007, received a sentence of 60 months probation, with the first six months to be served under home detention with electronic monitoring. He was further ordered to complete 100 hours of community service focused on environmental awareness, attend hazardous substance handling training, pay a $5,000 criminal fine, and a $100 special assessment. Notably, Ribbe was also directed to contribute $75,000 to the Partnership for the Community Program, Inc., an organization dedicated to improving water quality in Bayou Texar.
Key Facts
- Defendant(s): David Hayes Marshall, Mark Ribbe, Target Corporation
- Location: Pensacola, Florida
- Incident Date: October 2003
- Crime: Illegal discharge of pollutants into waterways
- Statutes Violated: 18 U.S.C. 1001, 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1319(c)(2)(A)
- Penalties: Incarceration, probation, fines totaling over $150,000, community service, and restitution.
- Impacted Waterways: Bayou Texar, Carpenter Creek, Pensacola Bay
This case underscores the serious repercussions of environmental crimes and the EPA’s commitment to holding individuals and corporations accountable for polluting our nation’s waters. The penalties levied against Marshall, Ribbe, and Target serve as a stark reminder that negligent or deliberate environmental violations will not be tolerated.
Source: EPA ECHO Enforcement Case Database
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