Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 28, 1995 TAG: 9503290010
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: CATHRYN McCUE STAFF WRITER
DATELINE: LENGTH: Medium
Public Employees for Environmental Responsibility filed the complaint in the Western District of the U.S. attorney's office in Roanoke. The group is seeking a criminal investigation into its suspicion that the officials approved permits for six waste-water treatment plants that have higher pollution limits than are allowed legally.
"It's not something, frankly, that we get involved in often," said Joanne Royce, an attorney with the Washington, D.C.-based PEER, which represents whistle-blowers in national and state natural-resource agencies. "When employees let these violations go, when they acquiesce, the rivers and streams of Virginia are affected."
In a 12-page letter, PEER accused the officials of making false statements and knowingly certifying fraudulent official records - acts punishable by jail terms and fines under the federal Clean Water Act and the Virginia Water Control Law, according to PEER.
David Sligh, an environmental engineer and 12-year state employee, quit the agency last month after he was told to agree to permits he believed were illegal and potentially harmful.
"We think it's very important that people in government, and these in particular, be accountable for their actions," said Sligh, who is now director of the Virginia chapter of PEER.
Named in the complaint are Neil Obenshain, regional permit manager, and Kip Foster, regulatory services supervisor, both of the Roanoke region. Also named are Larry Lawson, director of the Office of Water Resources; Martin Ferguson, permit program manager; and Maynard Phillips and Frederic Holt, environmental engineer consultants.
At issue is the amount of organic matter, which reduces oxygen, allowed to be discharged into a stream. PEER says that sometimes the department illegally allows effluent to be measured by the monthly average, rather than the more stringent daily average, which conforms to state water quality standards.
The department has defended its policies, and the Environmental Protection Agency has upheld at least two permits that PEER had challenged.
U.S. Attorney Robert Crouch declined to comment on whether his office would pursue a criminal investigation, nor would he say how his office would make that determination.
"Any time we get a complaint, we do take it seriously, and we do consider the request," Crouch said.
by CNB