Contact: email: Suzanne Webb
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Joy Patterson
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Alabama Attorney General Troy King
Montgomery, AL – December 1, 2004
Attorney General Troy King, U.S. Attorney David York of the Southern District of Alabama and Environmental Protection Agency Criminal Investigation Division Resident Agent in Charge David McLeod announced the conviction this morning of a former general manager of the Bay Minette Public Utility Board for falsely reporting data required to be maintained pursuant to the Federal Water Pollution Control Act. Harry Still Jr. pleaded guilty in U.S. District Court in the Southern District of Alabama to violating 33 USC §1319(c)(4) by filing a document containing false information to the Alabama Department of Environmental Management (ADEM).
Specifically, Still admitted that he knowingly made false statements in a discharge monitoring report he filed with ADEM, which was required pursuant to the Bay Minette Utilities Board?s National Pollution Discharge Elimination System permit. The false report covered the period of March 1 to March 31, 2004, wherein Still reported that the minimum pH (potential of hydrogen) and maximum nitrogen and ammonia effluent concentration were within the permit levels when they were in fact, in violation. The crime is punishable by two years imprisonment, a $10,000 fine, three years supervised release and a $100 special assessment. Still will be sentenced before Judge William H. Steele on March 3, 2005.
The investigation was initiated after it was discovered that the Bay Minette Utilities Board, under the direction of Still, failed to report the discharge of millions of gallons of untreated sewage into Hollinger?s Creek, adjacent to the Board?s Harry Still Sr., Wastewater Treatment Plant. The false statements were discovered after reviewing records subpoenaed from the Board. Still was terminated in July of 2004 as a result of the allegations that resulted in his guilty plea. The Bay Minette Public Utilities Board cooperated in the investigation and is working to correct its discharge problems.
Attorney General King said he hopes the case will result in improvements and more sound operations of the Bay Minette Public Utilities Board and other systems throughout Alabama. ?It is imperative that environmental agencies receive true and honest information in order to protect our people and our environment,? he said. ?Where there are problems, we expect a good faith and diligent effort to correct the situation, not whitewashed reporting that lies and ignores violations. Such falsifications are a crime, and my office stands committed to work with federal and state officials to prosecute those who try to hide their violations with illegal reporting.?
?This investigation was successful due to the exceptional teamwork and cooperation between state and federal law enforcement agencies,? said David McLeod, resident agent in charge of EPA?s Criminal Investigation Division in Jackson, Miss. ?This prosecution will serve notice to individuals that we will not tolerate those who knowingly falsify data and attempt to mislead regulatory agencies who are charged with protecting our environment.?
Attorney General King and U.S. Attorney York commended those involved in bringing this case to a successful conclusion, noting particularly Assistant Attorney General Robert Tambling of the Attorney General?s Environmental Division, Assistant U.S. Attorney Michael Anderson, Rich Glaze, Criminal Enforcement Counsel for EPA Region Four, Special Agent Donna Cayton of the Attorney General?s Investigations Division, Resident Agent in Charge David McLeod with the Criminal Investigation Division of the Environmental Protection Agency and Special Agent Robert Weinberg with the Environmental Protection Agency?s Office of Inspector General.