Porta-potty business owner sentenced for illegal sewage dumping
Lake County Leader
A businessman in Ronan has been sentenced to two years probation for illegally disposing of domestic sewage.
U.S. District Judge Donald Molloy sentenced James Leslie Vaughan, 48, on Jan. 16 in federal court in Missoula after Vaughan pleaded guilty in October. Vaughan also was ordered to pay a $5,000 fine.
“Vaughan illegally dumped human waste with an unlicensed porta-potty business and made tens of thousands of dollars annually from it,” Montana U.S. Attorney Mike Cotter said. “We will continue to vigorously investigate and prosecute environmental violators who put their personal interests above public safety.”
Assistant U.S. Attorney Kris McLean told the court that the Montana Department of Environmental Quality issued a cease and desist order to Vaughan and his business, Anytime Septic, in September 2009.
The letter required Vaughan to stop operating Anytime Septic because he did not identify an approved land application site for disposal of his septage waste. Vaughan’s disposal records indicate he disposed of waste on 10 different occasions at his residence near Ronan after he received the cease and desist order.
The U.S. Environmental Protection Agency’s Criminal Investigation Division conducted an investigation that confirmed Vaughan continued to pump and dispose of septage waste following the issuance of the cease and desist order.
During a search of Vaughan’s house, Vaughan could not produce records required to be maintained under EPA regulations. Investigators photographed septage waste disposed of in an illegal manner at his property.
In a statement during the administrative warrant, Vaughan admitted he disposed of waste at his property in 2011. He also admitted deleting his computer files of septage business records during execution of the administrative warrant.
The investigation revealed that Vaughan operated a thriving septage pumping and disposal business, including pumping septage waste at the National Bison Range after the cease and desist order was issued by MDEQ in 2009.
“Our nation’s environmental laws are designed to protect human health and safety,” said Jeffrey D. Martinez, special agent in charge of the EPA’s criminal enforcement program in Montana. "Today’s sentencing demonstrates that those who refuse to comply with the law will be held accountable for their actions.”
The case was investigated by the Environmental Protection Agency, Montana Department of Environmental Quality and the Lake County Environmental Health Department. Assistant U.S. Attorney Kris McLean and Eric Nelson, the EPA’s special assistant U.S. attorney, prosecuted the case.