Enid, OK – A former Oklahoma city official has exhausted his appeals and is now facing the full weight of a 1991 conviction for knowingly polluting a local waterway and falsifying reports to cover it up. Raymond T. Brittain, formerly the Superintendent of the Public Utilities Department for the City of Enid, was found guilty of multiple federal crimes related to the illegal discharge of raw sewage into Boggy Creek, a navigable water of the United States.
The case, brought by the Environmental Protection Agency (EPA), stemmed from a 1989 indictment alleging thirty counts of violating the Clean Water Act (CWA) through negligent discharge of pollutants. Investigators discovered a pattern of unpermitted releases of untreated sewage from the Enid Water Pollution Control Plant. Adding to the severity of the charges, Brittain was also accused of, and later convicted on eighteen counts of, making false statements on mandatory discharge monitoring reports (DMRs) submitted to federal and state regulators. These DMRs are critical for tracking pollution levels and ensuring compliance with environmental regulations.
The investigation revealed a deliberate effort to conceal the ongoing pollution from oversight agencies. Robert Coble, the Water Pollution Control Plant Supervisor, initially faced the same charges as Brittain. However, Coble pleaded guilty in January 1990 to one count of negligently failing to report an unauthorized discharge and one count of falsifying statements. He received a sentence of 60 months incarceration, with most of the sentence suspended, and five years of probation. Coble’s cooperation likely contributed to the evidence used against Brittain.
Following a trial, Brittain was convicted in March 1990 of 18 counts of making false statements and two counts of violating the Clean Water Act. He was initially sentenced to twelve months incarceration on each of the twenty counts, to be served concurrently, along with a $950 special assessment. Brittain immediately appealed the conviction, arguing issues with the evidence and legal proceedings. However, the Tenth Circuit Court of Appeals definitively upheld the convictions on May 3, 1991, bringing an end to the legal battle.
Legal Ramifications
The case highlights the serious consequences of environmental crimes and the importance of accurate reporting to regulatory bodies. Brittain violated several key statutes: 33 U.S.C. 1346 related to false statements and reporting requirements, 18 U.S.C. 1001 covering false statements to the federal government, 33 U.S.C. 1319(c)(3) concerning negligent discharge of pollutants, and 33 U.S.C. 1319(c)(1)(A), which addresses knowing violations of the Clean Water Act. The penalties included imprisonment and financial assessments, demonstrating the government’s commitment to enforcing environmental laws.
Key Facts
- Defendant: Raymond T. Brittain
- Location: Enid, Oklahoma
- Year of Conviction: 1991
- Crime: Illegal discharge of raw sewage and falsifying reports
- Victim: Boggy Creek, a navigable waterway
- Co-Defendant: Robert Coble (pleaded guilty)
- Statutes Violated: 33 U.S.C. 1346, 18 U.S.C. 1001, 33 U.S.C. 1319(c)(3), 33 U.S.C. 1319(c)(1)(A)
- Sentence: 12 months imprisonment (concurrent on 20 counts), $950 assessment
With the appeals exhausted, Brittain is now expected to resume serving the balance of his prison sentence, serving as a cautionary tale for those who would prioritize cost-cutting or concealment over environmental responsibility. The GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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