Landfill Owner Sentenced for Clean Water Act Violation and Toxic Pollutant Discharge

CHARLESTON, W.Va. (AP) – A West Virginia man, Michale Graves, 68, of Charlton Heights, has been sentenced for violating the Clean Water Act. Graves has been sentenced to one year of home confinement as part of a five-year federal probation term and fined $10,000. Additionally, his company, West Virginia Environmental Services (WVES), has been fined $500,000 and placed on corporate probation for three years.

The U.S. Department of Justice revealed that Graves and WVES owned and managed an industrial waste landfill in Fayette County, West Virginia. They were paid over $9.8 million from 2006 to 2020 to accept industrial waste and treat the resulting leachate. However, they failed to properly maintain the landfill’s leachate collection, resulting in the discharge of toxic water pollutants into a nearby tributary.

Inspectors from the West Virginia Department of Environmental Protection (WVDEP) documented the discharges into Jarrett Branch, leading to numerous notices of violations issued to Graves and WVES. The Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit for the landfill has since lapsed and has not been renewed.

According to United States Attorney Will Thompson, this outcome, which includes the maximum possible fine against WVES, reflects the egregious nature and circumstances of the offenses and is necessary to promote respect for the law and to deter similar criminal conduct. Graves and WVES each pled guilty in February 2022 to one felony violation of the Clean Water Act.

In conclusion, Michale Graves and West Virginia Environmental Services have faced legal consequences for allowing the discharge of untreated toxic industrial pollutants into the nation’s waters, in violation of the Clean Water Act.