Richard W. Brown, Clean Water Act Violation, Idaho 2007

Parma, ID – A former employee of the Parma School District, Richard W. Brown, was sentenced in February 2007 following a guilty plea to charges stemming from the illegal discharge of hazardous waste into the city’s sewer system. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate and negligent pattern of waste disposal that threatened both public health and the environment.

According to court documents, Brown, while employed by the school district, directed the discharge of “significant quantities” of hazardous waste through a connection in the old gymnasium of the elementary school. This connection led directly to the publicly owned treatment works (POTW), bypassing crucial safeguards designed to prevent the introduction of harmful pollutants.

The initial charges against Brown were filed on August 29, 2006, alleging a violation of 33 U.S.C. § 1319(c)(1)(B) of the Clean Water Act (CWA). This specific statute prohibits the negligent introduction of pollutants or hazardous substances into sewer systems or POTWs when the responsible party *knows or reasonably should have known* that such discharge could cause personal injury or property damage. The EPA’s investigation suggested the school district was aware of the dangerous nature of the waste but continued the practice nonetheless.

Despite the initial charge, Brown entered a guilty plea on January 9, 2007, and was subsequently re-indicted with additional CWA violations. He then pled guilty again on February 7, 2007. The repeated charges suggest investigators were building a stronger case to ensure accountability for the environmental offense.

The sentencing, handed down on February 7, 2007, included a 12-month probation period, a requirement to complete 500 hours of community service, a $25 special assessment fee, and a $2,000 federal fine. While the penalties reflect a conviction, critics argue they may be insufficient given the potential environmental impact and the deliberate nature of the violations. The POTW likely incurred costs for the treatment of the illegally discharged waste, costs not directly addressed in the sentencing.

The case highlights the importance of proper hazardous waste management within public institutions and the EPA’s commitment to enforcing environmental regulations. It also serves as a reminder that individuals can be held criminally liable for negligent actions that endanger public health and the environment, even when acting on behalf of an organization. GrimyTimes will continue to follow any potential civil litigation related to the costs of remediation and potential damages.

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Key Facts

Defendant: Richard W. Brown
Location: Parma, Idaho
Year: 2007
Crime: Clean Water Act Violation
Statute Violated: 33 U.S.C. § 1319(c)(1)(B) – Negligent discharge of pollutants/hazardous substances into a sewer system.
Penalties: 12 months probation, 500 hours community service, $25 special assessment, $2,000 federal fine.
The defendant was an employee of the Parma School District when the violations occurred.

Source: EPA ECHO Enforcement Case Database

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