Greenville County, SC – Former plant manager Mark Irby received a significant federal sentence in 1991 following a conviction for repeatedly violating the Clean Water Act. Irby, who oversaw operations at the Lower Reedy Wastewater Treatment Plant, was found guilty of directing unlawful discharges into the Lower Reedy River, jeopardizing the waterway and potentially impacting public health.
The case, brought forth by the Environmental Protection Agency (EPA), alleged that Irby knowingly circumvented the plant’s National Pollutant Discharge Elimination System (NPDES) permit. This permit, mandated under federal law, sets strict limits on the types and amounts of pollutants that can be released from wastewater treatment facilities. Investigators determined that Irby ordered discharges exceeding these permitted levels, effectively polluting the Lower Reedy River.
The indictment, filed on May 3, 1990, included six counts of violating the Clean Water Act. Federal prosecutors presented evidence demonstrating a pattern of disregard for environmental regulations and a deliberate attempt to bypass established safeguards. The charges stemmed from consistent monitoring data showing elevated pollutant levels in the river following periods directed by Irby.
After a trial, Irby was convicted on all six counts on July 11, 1990. The severity of the violations prompted a harsh sentencing recommendation from the EPA. On November 28, 1990, Judge [Judge’s name not provided in source data] sentenced Irby to 33 months incarceration, with the sentences for each of the six counts running concurrently. In addition to imprisonment, Irby was ordered to pay a $300 special assessment – $50 per count – and serve a 12-month probationary period on three of the counts, also to run concurrently.
This case underscores the EPA’s commitment to enforcing federal environmental laws and holding individuals accountable for actions that harm our nation’s waterways. The Clean Water Act is designed to protect and restore the chemical, physical, and biological integrity of the United States’ waters. Irby’s actions were a direct challenge to these protections, and the resulting prosecution served as a warning to others operating within the wastewater treatment industry.
Key Facts
- Defendant: Mark Irby
- Location: Lower Reedy Wastewater Treatment Plant, Greenville County, South Carolina
- Statutes Violated: 33 U.S.C. 1319(c)(2)(A), 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1362, and 33 U.S.C. 1311(a)
- Conviction Date: July 11, 1990
- Sentence: 33 months incarceration (concurrent), $300 special assessment, 12 months probation (concurrent on 3 counts)
- Crime: Illegal discharge of pollutants into the Lower Reedy River in violation of the Clean Water Act and NPDES permit regulations.
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect our communities and natural resources.
Source: EPA ECHO Enforcement Case Database
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