Resource Consultants, Incorporated, Pollution, AL 1993

The murky waters of Three Mile Creek in Mobile, Alabama, became the focus of a federal investigation in 1992, ultimately leading to the conviction of Resource Consultants, Incorporated (RCI) and its key personnel for Clean Water Act violations. RCI, a Theodore, Alabama-based company specializing in the processing of drilling muds and sewage waste, stood accused of illegally discharging untreated sewage into U.S. waters during a subcontracted project with SCE.

The case stemmed from an agreement between RCI and SCE to remove, treat, and dispose of sewage from the Three Mile Creek Waste Treatment Facility while it underwent upgrades. Crucially, RCI represented to SCE that it possessed all necessary permits to carry out this work. However, federal prosecutors alleged that RCI knowingly discharged pollutants – in this case, raw sewage – without the required permits, a direct violation of environmental regulations.

The investigation culminated in an indictment on April 23, 1992, charging RCI, its owner and president Johnny Sanders, and General Manager Norman Porter with two counts: knowingly discharging pollutants without a permit, violating 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(2)(A), and conspiracy to violate the Clean Water Act, under 18 U.S.C. 371. The government argued that the defendants intentionally circumvented environmental safeguards to cut costs and maximize profits, putting public health and the local ecosystem at risk.

The legal proceedings unfolded swiftly. Norman Porter opted to plead guilty to one count of violating the Clean Water Act on June 21, 1992. Shortly after, on July 30, 1992, both Johnny Sanders and Resource Consultants, Inc. were found guilty on one count of violating the same federal law. The courtroom drama continued as sentencing dates approached. Porter received a 36-month probationary sentence on August 26, 1992, a relatively lenient penalty considering the potential environmental damage.

However, the consequences were far more severe for Sanders and the company itself. On November 20, 1992, Sanders was sentenced to 21 months of incarceration, followed by 24 months of probation, and a hefty $30,000 fine. RCI was also penalized with 36 months of probation and a $30,000 fine. Sanders attempted to appeal his conviction, but the appeal was ultimately denied, solidifying the guilty verdict. This case serves as a stark reminder of the stringent enforcement of environmental laws and the significant penalties associated with non-compliance.

Table of Contents

Key Facts

Defendant: Resource Consultants, Incorporated (RCI)
Owner/President: Johnny Sanders
General Manager: Norman Porter
Location: Theodore, Alabama
Crime: Illegal discharge of sewage into U.S. waters without a permit.
Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(2)(A), 18 U.S.C. 371
Penalties: Sanders – 21 months incarceration, 24 months probation, $30,000 fine. RCI – 36 months probation, $30,000 fine. Porter – 36 months probation.
Date of Indictment: April 23, 1992

GrimyTimes will continue to follow environmental crime cases and provide updates as they develop.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases