Mark Nolen, Environmental Crime, Virginia 1999

Martinsville, VA – Former plant manager Mark Nolen was sentenced in September 1999 following a guilty plea to charges stemming from years of environmental violations at the Upper Smith River wastewater treatment facility in Henry County, Virginia. The case, brought by the Environmental Protection Agency (EPA), revealed a pattern of negligence and deliberate falsification of data that led to the illegal discharge of pollutants into the Smith River.

Nolen, who oversaw the facility from late 1984 until late 1995, allowed excessive solids to accumulate within the plant’s clarifiers – crucial basins designed to separate solid waste from wastewater. Rather than properly removing these accumulated solids through established disposal procedures, Nolen permitted their buildup to the point where the clarifiers lost capacity, particularly during periods of rainfall. This resulted in untreated sewage and solids being repeatedly washed directly into the Smith River, impacting water quality and potentially endangering aquatic life.

The EPA’s investigation, which began in late 1998, uncovered not only the negligent maintenance practices but also a concerted effort to conceal the extent of the problem. Nolen, along with his former supervisor, failed to report the issues to the Virginia Department of Environmental Quality. Furthermore, employees under their direction submitted monthly monitoring reports containing inaccurate, incomplete, and ultimately false data regarding the facility’s performance. This deliberate misreporting aimed to mask the ongoing violations from regulatory oversight.

Timeline of Justice

On November 17, 1998, both Nolen and his supervisor were formally charged with multiple counts of violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(2)(A) for negligent violations. Both defendants entered guilty pleas on January 13, 1999, acknowledging their culpability in the environmental crimes. The sentencing, handed down on September 14, 1999, reflected the severity of the offenses.

Penalties and Fallout

Mark Nolen and his supervisor each received a two-month prison sentence, followed by a 24-month period of probation. They were also ordered to pay a $5,000 federal fine each. However, the penalties didn’t stop there. Henry County, as the responsible entity for the wastewater treatment facility, was also held accountable. The county received a 36-month probation sentence and was levied with a substantial $1 million in fines – $900,000 designated for community service environmental projects and $100,000 paid as federal fines. This case serves as a stark reminder that environmental regulations are not merely suggestions, but legally binding obligations with significant consequences for those who choose to disregard them.

Key Facts

• Defendant: Mark Nolen
• Location: Upper Smith River wastewater treatment facility, Henry County, Virginia
• Years of Violation: Late 1984 – Late 1995
• Statutes Violated: Clean Water Act (33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(2)(A))
• Violations: Negligent maintenance leading to illegal discharge of pollutants, submission of false monitoring data
• Sentence: 2 months incarceration, 24 months probation, $5,000 fine (Nolen & Supervisor); 36 months probation, $1 million in fines (Henry County)

GrimyTimes will continue to follow environmental crime cases and report on those who put profit and negligence over the health of our communities and ecosystems.

Source: EPA ECHO Enforcement Case Database

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