Richard M. Anthony, Pollution, VA 2002

Bassett, VA – Richard M. Anthony, former President and owner of Sanville Utilities, Inc., was sentenced in July 2002 following a guilty plea to negligent violations of the Clean Water Act (CWA). The case, stemming from the operation of the Fairway Acres sewage treatment plant, highlights a disturbing pattern of neglect that resulted in significant environmental contamination and public health risks.

The Fairway Acres plant, servicing the Fairway Acres subdivision, had a permitted capacity of 40,000 gallons per day. However, Anthony failed to renew the plant’s crucial CWA discharge permit as early as 1996. This lapse in compliance set the stage for a more severe incident three years later. In September 1999, Sanville Utilities failed to remit payment for the plant’s electricity bill. Despite repeated attempts by the power company to secure payment, service was ultimately disconnected on September 8th.

The subsequent power outage brought the sewage treatment process to a halt, resulting in the discharge of partially-treated sewage directly into Blackberry Creek. The Virginia Department of Environmental Quality (VDEQ) responded to reports of the pollution and conducted testing on September 23rd. The results were alarming: fecal coliform bacteria levels in the creek reached a staggering 160,000 colonies per unit – a shocking 160 times the maximum allowable limit established by the Clean Water Act.

The presence of such high levels of fecal coliform indicates a significant risk of waterborne illness. Contact with contaminated surface water can lead to infections and intestinal diseases in humans. The VDEQ’s findings immediately raised concerns for residents relying on Blackberry Creek for recreational activities or as a potential source of drinking water. The incident underscores the critical importance of consistent and responsible operation of wastewater treatment facilities.

Table of Contents

Toggle

Legal Ramifications

Anthony was initially charged on January 29, 2002, with one count of negligently violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(1)(A). After pleading guilty on April 23, 2002, Anthony received a 12-month prison sentence, followed by a 12-month period of supervised release. Furthermore, the court ordered him to pay restitution totaling $25,937.57 to the Henry County Public Service Authority and $5,131.16 to the Henry County/Martinsville Health Department – funds intended to cover the costs associated with remediation and public health monitoring.

Key Facts

Defendant: Richard M. Anthony
Company: Sanville Utilities, Inc.
Location: Fairway Acres, Bassett, Virginia
Statute Violated: 33 U.S.C. 1319(c)(1)(A) – Negligent violation of the Clean Water Act
Contaminant: Fecal coliform bacteria
Bacteria Level: 160,000 colonies (160x allowable limit)
Sentence: 12 months incarceration, 12 months supervised release
Restitution: $31,068.73 total (Henry County PSA & Health Dept.)

This case serves as a stark reminder that environmental regulations are in place to protect both public health and the integrity of our waterways. Failure to adhere to these standards, even through negligence, can have serious consequences – both for the environment and for those responsible.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases