Robert M. Richardson, Negligent Violation of the Clean Water Act, South Carolina 2006

Columbia, SC – Robert M. Richardson, formerly associated with Crossings Development, was sentenced in September 2006 following a guilty plea to a negligent violation of the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA) and pursued through federal prosecution, centered around unauthorized filling of protected wetlands in South Carolina.

According to court documents, Richardson oversaw work that resulted in the filling of approximately 44 acres of wetlands out of a total 84-acre parcel. This activity occurred without the necessary permits required under the CWA, which protects “waters of the United States” from unlawful alteration. The EPA, working in conjunction with the U.S. Army Corps of Engineers, determined the impacted areas were indeed connected to navigable waterways.

Investigators established a clear hydrological connection between the filled wetlands and Roberts Branch, a named tributary. Roberts Branch flows into Crane Creek, which in turn feeds the Broad River. The Broad River ultimately converges with the Saluda River, forming the Congaree River – a demonstrably navigable water of the United States. This connection placed the wetlands under federal jurisdiction and triggered the requirement for permitting before any filling or alteration could legally occur.

The charges against Richardson stemmed from a February 27, 2006 indictment alleging a negligent violation of 33 U.S.C. 1319(c)(1)(A) of the Clean Water Act. This section of the CWA specifically addresses the discharge of pollutants – including fill material – into waters of the United States without a valid permit. Prosecutors argued that Richardson knowingly disregarded the regulations governing wetland protection, prioritizing development over environmental compliance.

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Sentencing and Penalties

On September 26, 2006, Richardson entered a guilty plea to the single count of violating the CWA. Judge [Editor’s Note: Judge’s name not provided in source data] sentenced him to a 12-month probationary period. In addition to probation, Richardson was ordered to pay a $25 special assessment fee, a $60,000 federal fine, and $60,000 in restitution. The restitution amount is presumably intended to cover the cost of restoring or mitigating the environmental damage caused by the illegal filling.

Key Facts

Defendant: Robert M. Richardson
State: South Carolina
Year: 2006
Crime: Clean Water Act Violation (unauthorized filling of wetlands)
Statute Violated: 33 U.S.C. 1319(c)(1)(A)
Acreage Impacted: 44 of 84 acres of wetlands
Penalties: 12 months probation, $25 assessment, $60,000 fine, $60,000 restitution
Waterways Involved: Roberts Branch, Crane Creek, Broad River, Saluda River, Congaree River

This case underscores the EPA’s commitment to enforcing the Clean Water Act and protecting vital wetland ecosystems. Wetlands play a crucial role in flood control, water filtration, and providing habitat for a diverse range of plant and animal species. The penalties imposed on Richardson serve as a deterrent to others who might consider circumventing environmental regulations for the sake of development.

Source: EPA ECHO Enforcement Case Database

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