Richard Jay Schaffer, Clean Water Act Violation, Georgia 2007

Atlanta, GA – Former Acuity Specialty Products employee, Richard Jay Schaffer, was sentenced in 2007 following a guilty plea to a Clean Water Act violation stemming from a deliberate scheme to falsify wastewater discharge reports. The case, investigated by the Environmental Protection Agency (EPA), revealed a calculated effort by Acuity, then also known as ZEP Manufacturing, to mislead the City of Atlanta regarding the true volume and composition of their industrial effluent.

According to court documents, Acuity engaged in a practice of increasing its on-site wastewater storage capacity specifically *during* the City of Atlanta’s routine sampling events. This allowed the company to minimize the amount of potentially polluting discharge released at the time of inspection. More egregiously, investigators discovered Acuity was actively diluting its effluent with ordinary tap water – a practice designed to artificially lower pollutant concentrations and appear compliant with environmental regulations.

The deception was first uncovered in November 2002, when city officials discovered a garden hose being used to directly inject tap water into the wastewater outflow. However, the full extent of the manipulation wasn’t realized until further investigation revealed falsified discharge flow measurements. Schaffer, responsible for reporting these figures, knowingly submitted inaccurate monthly reports to the City of Atlanta, misrepresenting the actual volume of wastewater being discharged from the facility.

Schaffer was initially charged on February 27, 2006, with one count of negligently violating the Clean Water Act, specifically 33 U.S.C. §1319(c). He subsequently entered a guilty plea, acknowledging his role in the fraudulent reporting scheme. The EPA’s criminal enforcement program aims to deter such behavior by holding individuals accountable for environmental crimes that threaten public health and the environment.

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Penalties & Sentencing

On October 4, 2007, Schaffer received a sentence of 60 months probation. In addition to probation, he was ordered to pay a $100 special assessment fee and a $5,000 federal fine. While the penalty may seem modest, the EPA emphasizes that criminal convictions carry a significant stigma and serve as a strong deterrent to others considering similar violations. The case highlights the EPA’s commitment to pursuing criminal charges against individuals who knowingly submit false information related to environmental compliance.

Key Facts

Defendant: Richard Jay Schaffer
Company: Acuity Specialty Products (ZEP Manufacturing)
Location: Atlanta, Georgia
Crime: Falsifying Clean Water Act discharge reports
Statute Violated: 33 U.S.C. §1319(c) – Negligently violates the Clean Water Act
Sentence: 60 months probation, $100 special assessment, $5,000 fine
Method of Deception: Diluting effluent with tap water and falsifying flow measurements.

The GrimyTimes will continue to follow environmental crime cases and report on efforts to protect public health and the environment. Readers with information regarding potential environmental violations are encouraged to contact the EPA’s hotline.

Source: EPA ECHO Enforcement Case Database

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