Pensacola, FL – A 2007 case reveals a pattern of negligent and knowing pollution violations stemming from a 2003 incident at a Pensacola Target department store. Foreman David Hayes Marshall was sentenced for his role in illegally dumping acrylic roof coating into local waterways, impacting Bayou Texar, Carpenter Creek, and ultimately, Pensacola Bay. The incident began when a forklift operator accidentally punctured a 275-gallon drum of the coating during roof maintenance.
Instead of containing the spill and reporting it as required, Marshall allegedly directed the emptying of the remaining contents directly into a storm drain. This drain fed into Bayou Texar and Carpenter Creek, both tributaries of Pensacola Bay. Further investigation revealed that another supervisor, Mark Ribbe, instructed an employee to continue the unlawful discharge, demonstrating a disregard for environmental regulations.
Federal prosecutors brought charges against both Marshall and Target Corporation, as well as Ribbe. On November 16, 2005, Marshall was indicted on 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) for negligent violation and 33 U.S.C. 1319(c)(2)(A) for knowingly violating). Marshall ultimately pled guilty to the false statement charge and the knowing violation of the CWA on January 18, 2006.
The sentencing, handed down on April 18, 2006, saw Marshall receive five months incarceration on each of the two counts he pled guilty to, to be served concurrently. He was also sentenced to 24 months probation, a $200 special assessment fee, and a $300 federal fine. Target Corporation also faced repercussions, pleading guilty to a misdemeanor violation of the Clean Water Act on June 27, 2006, and being ordered to pay a $75,000 federal fine and a $125 special assessment.
The investigation didn’t stop with Marshall and Target. Ribbe was indicted on January 23, 2007, with a felony count of knowingly violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)). Ribbe subsequently pled guilty on March 23, 2007, and received a 60-month probation sentence, with the first six months to be served under home detention with electronic monitoring. He was also ordered to complete 100 hours of community service focused on environmental improvement, undergo hazardous substance handling training, pay a $5,000 criminal fine, and a $100 special assessment fee. A significant condition of Ribbe’s probation included a $75,000 payment to the Partnership for the Community Program, Inc., specifically earmarked for water quality initiatives 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 (Marshall), Probation (Marshall & Ribbe), Fines (Marshall, Ribbe, Target), Community Service (Ribbe), Restitution (Ribbe)
- Impacted Waterways: Bayou Texar, Carpenter Creek, Pensacola Bay
This case highlights the importance of proper handling and disposal of hazardous materials, as well as the severe consequences for those who prioritize cost-cutting or convenience over environmental protection. The multi-faceted penalties levied against both individuals and the corporation demonstrate the EPA’s commitment to enforcing the Clean Water Act and holding all parties accountable for polluting U.S. waters.
Source: EPA ECHO Enforcement Case Database
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