PITTSBURGH, PA – A years-long investigation into the Municipality of Penn Hill’s sewage treatment practices culminated in both criminal convictions of municipal employees and a guilty plea from the municipality itself, revealing a pattern of falsified reports and illegal discharge into waterways. The case, prosecuted by the Environmental Protection Agency (EPA) and brought to light through court documents, underscores a systemic failure to adhere to federal environmental regulations.
The initial focus of the investigation centered on Walter Baker and Matthew Girdich, both Assistant Directors within Penn Hill’s Water Pollution Control Department. In October 1992, both men were indicted for submitting falsified Discharge Monitoring Reports (DMRs) – documents required by the Clean Water Act to accurately detail the pollutants released from sewage treatment plants. These DMRs, filed with regulatory agencies, are crucial for assessing environmental impact and ensuring compliance with permitted levels. Baker faced eleven counts of violating 33 U.S.C. 1319(c)(4), while Girdich was charged with five.
Girdich swiftly entered a guilty plea to a single count in December 1992, accepting responsibility for his role in the scheme. Baker, however, maintained his innocence and proceeded to trial. In February 1993, a jury found Baker guilty on six counts of the same Clean Water Act violation. The subsequent sentencing in March and April of 1993 saw Girdich receive five years of probation, a hefty 4480 hours of community service, and a $5,000 fine. Baker received a twelve-month prison sentence, followed by twelve months of supervised release, and a $5,000 fine. These convictions signaled the EPA’s intent to pursue accountability at all levels of the organization.
Municipal Liability Established
The investigation didn’t end with the convictions of Baker and Girdich. Prosecutors broadened their scope to examine the municipality’s overall practices. In July 1994, an information was filed charging the Municipality of Penn Hill itself with three counts of illegally discharging sewage sludge – a byproduct of the wastewater treatment process – in violation of 33 U.S.C. 1319(c)(2)(A). This section of the Clean Water Act specifically prohibits the discharge of pollutants without a permit. Facing mounting evidence, the municipality entered a guilty plea to all three counts on the same day the charges were filed.
The sentencing for the Municipality of Penn Hill, handed down in September 1994, included a 60-month probationary period and a substantial $150,000 fine. The penalties reflect the severity of the environmental damage caused by the unlawful discharge and serve as a deterrent to other municipalities considering similar violations. Sources within the EPA suggest that the illegal discharges spanned several years, impacting local waterways and potentially endangering public health.
Key Facts
- Defendant: Municipality of Penn Hill
- Crime: Clean Water Act Violations (Falsified DMRs & Illegal Discharge)
- State: Pennsylvania
- Year: 1994
- Statutes Violated: 33 U.S.C. 1319(c)(4), 33 U.S.C. 1319(c)(2)(A)
- Penalties: Combined fines of $200,000 (municipal and individuals), jail time for Walter Baker, and extensive community service for Matthew Girdich.
- Key Individuals: Walter Baker (Assistant Director), Matthew Girdich (Assistant Director)
This case highlights the importance of diligent oversight and accurate reporting in maintaining environmental compliance. The EPA continues to prioritize enforcement of the Clean Water Act, pursuing both individual and corporate accountability to protect the nation’s waterways.
Source: EPA ECHO Enforcement Case Database
