Donald Jarrell, Pollution, WV 1997

FAIRDALE, WV – Donald Jarrell, the owner and operator of a sewage treatment plant in Fairdale, West Virginia, received a significant prison sentence in 1997 for repeatedly violating federal clean water regulations. The case, pursued by the Environmental Protection Agency (EPA), culminated in what remains the longest prison term ever imposed in West Virginia for an environmental crime, both at the federal and state levels.

The investigation revealed a pattern of deliberate non-compliance with permit regulations governing wastewater discharge. Despite receiving multiple Notices of Violation (NOVs) from both federal and state authorities, Jarrell continued to operate the plant in a manner that jeopardized the local water quality. Investigators found Jarrell knowingly disregarded established protocols designed to protect the environment and public health.

Jarrell was initially indicted in April 1995 on nine counts related to the Clean Water Act (CWA). The charges included seven counts of knowingly violating 33 U.S.C. §1319(c)(2)(A), which prohibits the discharge of pollutants without a permit, and two counts of making false statements in official reports, a violation of 33 U.S.C. §1319(c)(4). The EPA’s case hinged on evidence demonstrating Jarrell’s awareness of the violations and his intentional failure to rectify the issues.

In June 1995, Jarrell entered a guilty plea to three counts of violating the CWA and the two counts of providing false statements. The prosecution argued for a substantial penalty, citing the severity and persistence of Jarrell’s offenses. The judge agreed, sentencing Jarrell to 30 months of incarceration followed by a 12-month probationary period. Notably, no financial fine was imposed alongside the prison sentence.

Jarrell subsequently appealed the sentence, contesting the upward departure from standard Federal Sentencing Guidelines. However, the Fourth Circuit Court of Appeals firmly upheld the trial court’s decision in December 1996. The appellate court acknowledged the seriousness of the environmental harm caused by Jarrell’s actions and validated the judge’s reasoning for imposing a harsher punishment. The case serves as a stark reminder that environmental crimes carry significant legal consequences.

The long-term impact of Jarrell’s negligence on the Fairdale watershed remains a concern for local environmental groups. While the plant is now under different management, the incident underscores the critical importance of consistent oversight and enforcement of environmental regulations to protect vital water resources. The GrimyTimes will continue to follow developments related to environmental enforcement cases in West Virginia and beyond.

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Key Facts

Defendant: Donald Jarrell
Location: Fairdale, West Virginia
Year: 1997
Statutes Violated: 33 U.S.C. §1319(c)(2)(A), 33 U.S.C. §1319(c)(4)
Sentence: 30 months incarceration, 12 months probation
Significance: Longest prison sentence for an environmental crime in West Virginia history.

Source: EPA ECHO Enforcement Case Database

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