Washington D.C. – Earl Leon Anderson, owner of B&P Environmental, LLC, has completed a two-year probationary sentence and 200 hours of community service following a guilty plea to negligent violations of the Clean Water Act. The sentencing, finalized on November 6, 2014, stems from a 2011 incident where B&P Environmental improperly discharged wastewater into a storm drain leading directly to the Potomac River.
B&P Environmental was contracted by Phoenix Industries to clean the stormwater sewer system around the National Mall as part of a National Park Service project. Between May 23rd and June 6th, 2011, employees utilized a vacuum truck to remove liquid and solid waste from storm water inlets. However, instead of proper disposal, a supervisor directed employees to illegally discharge the collected waste into another storm drain, ultimately contaminating the Potomac River. The operation was intended to fulfill a contract with the National Park Service.
The U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and the United States Park Police spearheaded the investigation, uncovering the deliberate and negligent dumping. Evidence revealed the practice was not accidental, but a directed instruction to bypass proper waste disposal protocols. This raises questions about oversight and environmental responsibility within contracted government projects.
Legal Ramifications
Anderson pleaded guilty to violating 33 U.S.C. § 1311(a) of the Clean Water Act, which prohibits the discharge of pollutants into navigable waters without a permit. B&P Environmental also pleaded guilty to the same charge, and in addition to the $20,000 fine and three-year probationary period, was mandated to implement a comprehensive environmental compliance plan. Notably, Patrick Brightwell, a representative of Phoenix Industries, also faced legal consequences, convicted of a Clean Water Act violation and submitting false claims to the United States for work that was not correctly performed.
Timeline of Events
The legal process began on February 8, 2013, with charges filed against Earl Anderson. He entered a guilty plea on February 19, 2013. B&P Environmental was subsequently charged on November 1, 2013, and also pleaded guilty on November 13, 2013. Final sentencing occurred approximately one year later, on November 6, 2014.
Key Facts
- Defendant: Earl Leon Anderson & B&P Environmental, LLC
- Crime: Negligent discharge of wastewater into the Potomac River in violation of the Clean Water Act.
- Location: National Mall, Washington D.C.
- Dates of Offense: May 23, 2011 – June 6, 2011
- Statute Violated: 33 U.S.C. § 1311(a)
- Penalties: Anderson – 24 months probation, 200 hours community service. B&P Environmental – $20,000 fine, 36 months probation, environmental compliance plan.
This case highlights the importance of environmental compliance, even in contracted work. The EPA continues to emphasize that individuals and companies will be held accountable for actions that endanger our nation’s waterways. The incident raises concerns about the thoroughness of oversight in government contracting, and whether sufficient safeguards are in place to prevent similar environmental violations in the future.
Source: EPA ECHO Enforcement Case Database
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