Donald Jack Clark, Falsifying Clean Water Act Discharge Reports, Tennessee 2012

Niota, TN – A former wastewater treatment plant operator has been sentenced for falsifying reports to the Environmental Protection Agency (EPA), concealing failures in the disinfection process at the City of Niota’s sewage treatment plant. Donald Jack Clark, 58, was sentenced to six months in prison followed by two years of supervised release, including six months of home detention, and ordered to perform 150 hours of community service. The case, investigated jointly by the EPA’s Criminal Investigation Division and Office of Inspector General, highlights the agency’s commitment to enforcing environmental regulations and holding individuals accountable for jeopardizing public health and the environment.

According to court documents, Clark falsified monthly Discharge Monitoring Reports and Monthly Operating Reports from January 2008 through December 2010. These falsifications were a deliberate attempt to cover up his failure to properly maintain and operate the plant’s chlorination system. The system is crucial for disinfecting wastewater before it’s released into Little North Mouse Creek, a tributary of the Hiwassee River. Clark, a licensed wastewater treatment plant operator for over 14 years, knowingly misrepresented that the wastewater had been properly treated with chlorine and tested, despite knowing the system was not functioning as required.

The investigation began after discrepancies were identified in the submitted reports, triggering a review by the Tennessee Department of Environment and Conservation (TDEC), which administers the federal Clean Water Act’s National Pollutant Discharge Elimination System program in the state. The falsified reports potentially exposed downstream residents and ecosystems to untreated wastewater containing harmful microbial organisms.

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Key Facts

Defendant: Donald Jack Clark, 58, of Niota, Tennessee
Crime: Falsifying Clean Water Act discharge reports
Location: City of Niota, Tennessee
Dates of Offense: January 2008 – December 2010
Sentencing: 6 months imprisonment, 24 months supervised release (6 months home detention), 150 hours community service
Agencies Involved: U.S. Environmental Protection Agency (EPA), Tennessee Department of Environment and Conservation (TDEC)

Clark initially faced 72 counts of making false statements in violation of Title 18 U.S. Criminal Code, specifically 18 U.S.C. 1001. He ultimately pleaded guilty to 12 counts. Each count carried a potential penalty of up to five years in prison, a $250,000 fine, and a maximum of three years of supervised release. The final sentence, while less than the maximum, reflects the seriousness of the offense and the need to deter others from similar misconduct.

U.S. Attorney Bill Killian emphasized the importance of aggressive enforcement of environmental laws. “This prosecution demonstrates the EPA’s and the U.S. Attorney’s Office’s commitment to investigate and prosecute to the fullest extent of the law persons who submit false reports that undermine the integrity of the regulatory programs that protect the environment and human health,” Killian stated. Assistant U.S. Attorney Matthew T. Morris prosecuted the case. The incident serves as a stark reminder that environmental regulations are not merely bureaucratic hurdles, but vital safeguards for public health and ecological preservation. The specific statute also violated was 33 U.S.C. 1319, relating to false statements in reports required by the Clean Water Act.

The EPA continues to prioritize investigations into falsified environmental reporting, recognizing that accurate data is essential for effective environmental protection. This case underscores the agency’s dedication to ensuring compliance with the Clean Water Act and safeguarding the nation’s waterways.

Source: EPA ECHO Enforcement Case Database

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