Washington D.C. – Former BFI-Maryland plant manager Gregory R. Smith was sentenced to 24 months probation in April 2000 for his role in a scheme to illegally discharge untreated medical waste and wastewater into the District of Columbia’s sewer system, ultimately impacting the Potomac River. The case, brought by the Environmental Protection Agency (EPA), reveals a pattern of negligence and intentional misconduct at the BFI facility, which processed medical waste using an autoclave system.
According to court documents, BFI-Maryland initially represented to the D.C. government that all wastewater would undergo pretreatment before being released. However, subsequent facility modifications led to the accumulation of rainwater, snowmelt, and untreated waste – including liquids from the autoclave and raw medical refuse – in a trailer pit used for loading shipments. Instead of properly managing this hazardous mixture, employees, under the direction of Smith and district manager Brown, routinely pumped the contents onto the facility’s parking lot and directly into a storm drain connected to the city’s sewer network.
The illegal discharges flowed into the Blue Plains Wastewater Treatment Plant, a critical facility for the Washington Metropolitan Area, and ultimately reached the Potomac River. Witness testimony indicated that Scolis, another BFI employee, observed these pump-outs but failed to intervene, contributing to the ongoing pollution. The EPA’s investigation uncovered a deliberate disregard for environmental regulations and a systemic failure to adhere to the company’s own stated practices.
Legal Ramifications & Penalties
Smith was charged with two counts of violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(2)(a) and 33 U.S.C. 1319(c)(1)(A), for knowingly violating the law and making false statements. He pleaded guilty in May 1998 and received probation, but no monetary fine. BFI-Maryland itself also pleaded guilty to a charge of negligent violation of the CWA (33 U.S.C. 1319(c)(1)(A)) and was sentenced to a $1.5 million fine and ordered to contribute $100,000 to the Conservation Fund for local conservation efforts. The parent company, BFI-Houston, was mandated to develop and implement a nationwide environmental compliance program for all of its autoclave facilities.
Brown and Scolis were also charged with negligent violations of the CWA and pleaded guilty. Brown received 24 months of probation and a $5,000 fine, while Scolis was sentenced to 24 months of probation, 50 hours of community service, and a $2,500 fine. The prosecution highlighted that the actions of all three individuals demonstrated a clear disregard for public health and the environment. The case underscores the EPA’s commitment to holding companies and individuals accountable for violations of environmental law.
Key Facts
- Defendant: Gregory R. Smith, BFI-Maryland, Brown, Scolis
- Location: District of Columbia
- Year: 2000
- Crime: Illegal discharge of untreated medical waste and wastewater
- Laws Violated: 33 U.S.C. 1319(c)(2)(a), 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1319(c)(1)
- Penalties: Fines totaling $1.5 million (BFI-Maryland), probation (Smith, Brown, Scolis), community service (Scolis), and environmental compliance program development (BFI-Houston).
- Impact: Pollution of the Potomac River via the District of Columbia sewer system.
GrimyTimes will continue to follow developments in environmental crime and provide in-depth coverage of cases impacting communities across the nation.
Source: EPA ECHO Enforcement Case Database
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