Timothy M. Davidson, Water Pollution, OH 2001

Youngstown, OH – A former hazardous waste supervisor received a year’s probation and was ordered to pay restitution for illegally discharging lead-contaminated water into a tributary of Meander Creek in Youngstown, Ohio. The incident, occurring in late 2000, involved a negligent violation of the Clean Water Act and highlights ongoing concerns regarding proper hazardous waste handling at remediation sites.

Timothy M. Davidson, while acting as on-site supervisor for R.J. Brown, Inc., directed the discharge of contaminated water from the Christy National Guard Armory shooting range directly into a storm drain. The range was undergoing decontamination efforts at the time, and the water contained elevated levels of lead. Crucially, neither Davidson, R.J. Brown, Inc., nor the Christy Armory possessed the necessary permits to discharge such pollutants into waterways.

Investigators determined the storm drain ultimately emptied into Meander Creek, a local waterway potentially impacting both aquatic life and the surrounding environment. The Ohio Environmental Protection Agency (OEPA) initiated an investigation following the discovery of the illegal discharge, leading to criminal charges against Davidson. The case underscores the potential for environmental damage when hazardous waste protocols are disregarded, even during what are intended to be cleanup operations.

On December 1, 2000, Davidson was formally charged with one count of violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(1)(A), which addresses negligent violations of the Act’s discharge regulations. He subsequently entered a guilty plea, admitting to his role in the illegal dumping. The prosecution argued that Davidson’s actions demonstrated a clear disregard for environmental regulations and a potential threat to public health.

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Sentencing and Restitution

On March 26, 2001, Davidson appeared before the court and was sentenced to 12 months of probation. In addition to probation, he was ordered to pay a $25 special assessment fee and $2,100 in restitution to the OEPA to cover the costs associated with the investigation and subsequent remediation efforts. While the sentence may seem lenient, legal experts note that prosecutions under the Clean Water Act often involve a combination of criminal penalties and civil enforcement actions designed to compel compliance and address environmental damage.

Key Facts

Defendant: Timothy M. Davidson
Company Involved: R.J. Brown, Inc. (hazardous waste remediation)
Location: Christy National Guard Armory shooting range, Youngstown, OH
Contaminant: Lead
Statute Violated: 33 U.S.C. 1319(c)(1)(A) – Clean Water Act (negligent violation)
Penalty: 12 months probation, $25 special assessment, $2,100 restitution to OEPA
Discharge Point: Storm drain leading to Meander Creek

This case serves as a cautionary tale for companies and individuals involved in hazardous waste remediation, emphasizing the critical importance of adhering to all applicable environmental regulations and securing proper permits before discharging any potentially harmful substances into waterways. GrimyTimes will continue to follow environmental crime cases and report on efforts to protect our nation’s resources.

Source: EPA ECHO Enforcement Case Database

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