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FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: DHS dba Roto-Rooter
S.D. Alabama 09-00242-KD
S.D. Alabama 09-00242-KD
2. DEFENDANT: Donald Gregory Smith
S.D. Alabama 09-00242-KD
S.D. Alabama 09-00242-KD
3. DEFENDANT: Michael Lee Edington, Sr.
S.D. Alabama 1:09-CR-00216
S.D. Alabama 1:09-CR-00216
4. DEFENDANT: William L. Wilmoth, Sr.
S.D. Alabama 09-00242-KD
S.D. Alabama 09-00242-KD
Roto-Rooter drivers, with the knowledge and approval of Smith and Wilmoth, regularly collected removed grease from traps at restaurants and catering businesses in the Mobile area and dumped it into the sewer system rather than hauling it to sewage treatment plants.
Michael Edington, a former driver who has pleaded guilty to his role in the alleged conspiracy, testified at trial that during training, the grease dumping was called the "Roto-Rooter way." The indictment claims that employees for Roto-Rooter dumped as much as 4,000 gallons of grease at a time into manholes, back into grease traps and into other points of access to the sewage system between 1997 and 2008. It also alleges that records were falsified to show proper disposal. Local restaurants such as Cracker Barrel, Felix's Fish Camp, and other fast food chains were listed on the records, according to the indictment.
Michael Edington, a former driver who has pleaded guilty to his role in the alleged conspiracy, testified at trial that during training, the grease dumping was called the "Roto-Rooter way." The indictment claims that employees for Roto-Rooter dumped as much as 4,000 gallons of grease at a time into manholes, back into grease traps and into other points of access to the sewage system between 1997 and 2008. It also alleges that records were falsified to show proper disposal. Local restaurants such as Cracker Barrel, Felix's Fish Camp, and other fast food chains were listed on the records, according to the indictment.
October 29, 2010
The defendants were all charged with CWA violation {33 U.S.C. 1319(c)(2)(A) - knowingly violates} and conspiracy {18 U.S.C. 371}. Roto-Rooter, Wilmoth and Smith were also charged with mail fraud {18 U.S.C. 1341}
CITATION: 18 U.S.C. 1341, 33 U.S.C. 1311(a), 42 U.S.C. 7413(c)(4)
August 11, 2010
The company's president, Donald Gregory Smith, was acquitted of the felony charges but convicted on 28 misdemeanor counts of negligently violating the Clean Water Act.
The jury convicted DHS General Manager William Wilmoth Sr. of those same misdemeanor charges and also of the felony conspiracy count.
DHS Inc. was found guilty of conspiracy, 6 counts of mail fraud and 28 of 33 counts of violating the Clean Water Act.
January 7, 2011
Smith was sentenced to probation and a fine of $150,000.
Wilmoth was sentenced to 30 days incarceration and ordered to perform 200 hours of community service.
DHS, Inc. was sentenced to pay a fine of $238,000.
The defendants were ordered jointly and severally to pay restitution of $5,975 to the Mobile Area Water and Sewer System.
January 19, 2011
Edington pled guilty and was sentenced to 12 months probation and ordered jointly and severally to pay restitution of $5,975 to the Mobile Area Water and Sewer System.
STATUTE:
- Clean Water Act (CWA)