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FISCAL YEAR: 2013
1. PRINCIPAL DEFENDANT: Cody Montgomery Tuma
W.D.  Louisiana  5:11-CR-00031
2. DEFENDANT: John Emerson Tuma
W.D.  Louisiana  5:11-CR-00031


John Tuma was both general manager and the former owner of Arkla Disposal Services Inc. Cody Tuma was plant operator in 2005 and night shift supervisor in 2006 at Arkla Disposal Services, Inc. (Arkla). The Arkla facility, located in Shreveport, was a centralized wastewater treatment facility that received wastewater from industrial processes and oilfield exploration and production facilities. Arkla contracted to treat the wastewater through a multi-step treatment process and then discharge the treated wastewater to either the city of Shreveport’s publicly owned treatment works or to the Red River. Between January 2005 and August 2005, the defendants negligently discharged and caused to be discharged pollutants into the Red River without a permit.



February 23, 2011
Both John and Cody Tuma were charged as follows:
  • 1 count - conspiracy {18 U.S.C. 371}
  • 3 counts - violating the CWA {33 U.S.C. 1311; 33 U.S.C. 1319(c)(2)(A) - knowing violation}
  • 1 count - Obstruction {18 U.S.C. 1505}

Cody Tuma pled guilty to all 6 counts.

CITATION: 18 U.S.C. 1505, 18 USC 2, 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1319(c)(2)(a)
March 21, 2012
John Tuma was convicted by a federal jury for discharging untreated wastewater directly into the Red River without a permit, discharging untreated wastewater into the city of Shreveport sewer system in violation of its permit and obstructing an EPA inspection.


Press Release
Department of Justice
FOR IMMEDIATE RELEASE
March 22, 2012

Louisiana Jury Convicts General Manager/former Owner of Arkla Disposal Services of Violations of Clean Water Act and Obstructing an EPA Investigation

Untreated Wastewater Dumped into Red River

WASHINGTON – A federal jury in Shreveport, La., has convicted John Tuma, 54, of Centerville, Texas, of discharging untreated wastewater directly into the Red River without a permit, discharging untreated wastewater into the city of Shreveport sewer system in violation of its permit and obstructing an Environmental Protection Agency (EPA) inspection, announced Assistant Attorney General Ignacia S. Moreno and Western District of Louisiana U.S. Attorney Stephanie A. Finley.

Father and son, John Tuma and Cody Tuma, 28, of Shreveport, were both charged in a five-count indictment with violations of the Clean Water Act, conspiracy and obstruction of justice related to illegal discharges coming from the Arkla Disposal Services Inc., a facility in Shreveport. The Arkla facility received off-site wastewater from industrial processes and from oilfield exploration and production facilities for treatment at the Arkla facility.

“It was irresponsible, illegal and potentially harmful to the health of city residents and their environment for Mr. Tuma to conspire to dump untreated industrial wastewater into Shreveport’s sewer system,” said Assistant Attorney General Ignacia S. Moreno of the Environment and Natural Resources Division of the Department of Justice. “This case is an example of how the Clean Water Act protects the health and safety of the American people.”

“This case was about a defendant who had no concern about the effects of discharging untreated wastewater into the Red River or the people that his actions harmed,” said U.S. Attorney Finley. “The verdict of this jury should send a message that disregarding laws designed to protect citizens will not be taken lightly. Louisiana is a state with precious natural resources, which our office, along with the Environmental Protection Agency, will continue to protect.”

“The defendant dumped thousands of gallons of untreated wastewater directly into the Red River,” said Ivan Vikin, Special Agent in Charge of EPA’s criminal enforcement program in Louisiana. “Improperly discharged wastewater can sicken or injure people, fish and wildlife. Today’s guilty verdict shows that those who try to save money by cutting corners will be vigorously prosecuted.”

Cody Tuma pleaded guilty in February 2012 to one count of negligently discharging pollutants into the Red River without a permit. He faces a maximum penalty of one year in prison or a fine of not more than $100,000, or twice the gross gain or loss resulting from the unlawful conduct, or both. Sentencing for Cody Tuma has been set for June 20, 2012.

John Tuma will be sentenced July 25, 2012. He faces a maximum penalty of five years in prison on the conspiracy charge, three years in prison on each of the Clean Water Act violations and five years in prison on the obstruction of justice charge. He also faces a fine of not more than $250,000, or twice the gross gain or loss resulting from the unlawful conduct, or both, per count.

The case is being investigated by EPA’s Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney C. Mignonne Griffing and Trial Attorney Leslie E. Lehnert of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

June 20, 2012
Cody Tuma was sentenced to 60 months probation. No fine was imposed.
December 5, 2012
John Tuma was sentenced to 60 months incarceration, 36 months probation and was ordered to pay a $100,000 criminal fine.

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, December 5, 2012

Shreveport, La., Wastewater General Manager and Former Owner Sentenced to Five Years in Prison for Discharging Pollutants into the Red River

WASHINGTON – John Tuma, 55, of Centerville, Texas, was sentenced today following his March 21, 2012, trial conviction by a federal jury for discharging untreated wastewater directly into the Red River without a permit, discharging untreated wastewater into the city of Shreveport sewer system in violation of its permit and obstructing an EPA inspection, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Stephanie A. Finley of the Western District of Louisiana. U.S. District Judge Tom Stagg sentenced John Tuma to a 60-month prison sentence, three years of supervised release and a $100,000 fine.

John Tuma, who was both general manager and the former owner of Arkla Disposal Services Inc., was charged in a five-count indictment with violations of the Clean Water Act, conspiracy and obstruction of justice related to illegal discharges coming from the Arkla Disposal Services Inc., a facility in Shreveport. The Arkla facility, located at 10845 Highway 1 South in Shreveport, was a centralized wastewater treatment facility that received wastewater from industrial processes and oilfield exploration and production facilities. Arkla contracted to treat the wastewater through a multi-step treatment process and then discharge the treated wastewater to either the City of Shreveport publicly owned treatment works or the Red River.

The case was investigated by EPA’s Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney C. Mignonne Griffing and Trial Attorney Leslie E. Lehnert of the Environmental Crimes Section of the Department of Justice.

STATUTE:
  • Clean Water Act (CWA)
  • Title 18 U.S. Criminal Code (TITLE 18)

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