William B. Rhoad, Clean Water Act Violation, Ohio 2000

Zanesville, OH – A disturbing case of environmental deception unfolded in Muskingum County, Ohio, culminating in the year 2000 with convictions of an individual, his colleague, and the corporation they represented. William B. Rhoad, along with co-defendant David Merckle, and their employer, TCW Corp., were all found guilty of falsifying reports related to wastewater treatment plant discharges, a violation of federal environmental regulations.

TCW Corp. held a contract with Muskingum County to oversee the operation of six wastewater treatment plants. Instead of ensuring compliance with environmental standards, Rhoad and Merckle systematically submitted false data regarding critical pollutant levels. These pollutants included ammonia and fecal coliform bacteria – indicators of serious health risks to both the environment and public health. The scheme aimed to conceal the plants’ failures to meet standards set by the Clean Water Act.

The investigation, led by the Environmental Protection Agency (EPA), began to unravel in mid-1998. On June 18th, Rhoad was indicted on 35 counts of making false statements in violation of 33 U.S.C. 1319(c)(4) of the Clean Water Act. Shortly after, on September 4th, Merckle faced 37 similar charges. Both men eventually entered guilty pleas: Rhoad admitting to all 35 counts on September 10th, 1998, and Merckle pleading guilty to 31 of the 37 counts against him on January 19th, 1999.

The sentencing phase revealed a disparity in penalties. On June 11th, 1999, Rhoad received a relatively lenient sentence of 12 months of supervised confinement, coupled with 384 hours of community service and a $2,000 special assessment fee. Merckle, however, faced a significantly harsher penalty, receiving 27 months of incarceration, 12 months of supervised probation, a $1,750 special assessment, and a $6,000 federal fine, handed down on September 16th, 1999. The difference in sentencing raises questions regarding the extent of each individual’s involvement and responsibility within the fraudulent scheme.

The corporate entity, TCW Corp., was also held accountable. On November 10th, 1999, the company was charged with one count of making false statements, again under the Clean Water Act. TCW pleaded guilty and, on March 10th, 2000, was sentenced to pay a $400 special assessment fee and a substantial $50,000 federal fine. This case highlights the EPA’s commitment to pursuing both individuals *and* corporations who deliberately violate environmental regulations, demonstrating that falsifying environmental data carries serious consequences.

Table of Contents

Key Facts

Defendant(s): William B. Rhoad, David Merckle, TCW Corp.
Location: Muskingum County, Ohio
Crime: Falsifying reports related to wastewater treatment plant discharges.
Statute Violated: 33 U.S.C. 1319(c)(1) – Clean Water Act
Penalties: Rhoad – 12 months supervised confinement, 384 hrs community service, $2,000 fine. Merckle – 27 months incarceration, 12 months probation, $7,750 in fines/assessments. TCW Corp. – $50,400 in fines/assessments.
False Reporting: Specifically, the defendants falsified reports concerning levels of ammonia, fecal coliform bacteria, and other pollutants.

GrimyTimes will continue to follow cases of environmental crime and corporate misconduct, holding those responsible accountable for endangering public health and the environment.

Source: EPA ECHO Enforcement Case Database

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