Rooter Guy attorney responds to EPA case
HAYDEN — The attorney for Ben Broyles who was sentenced in federal court this week for violating the Clean Water Act has issued a statement on his client’s actions leading up to his charges of illegally dumping sewage.
Rooter Guy, LLC was raided by armed Environmental Protection Agency agents in 2014 for illegally dumping sewage it collected in the Hayden Lake Recreational Water And Sewer District’s wastewater system.
The Press reported on the sentencing Broyles’ sentencing in Wednesday’s paper and his attorney, James Siebe, issued his response by email. The following is Siebe’s written response:
"I represent Ben Broyles and the Rooter Guy, LLC, which were subjects of an article in your paper, this morning. I write to clarify a few points, particularly since you quoted Scot Adair of the EPA. Ben Broyles pled guilty to a misdemeanor offense, admitting that he negligently discharged septage into the Hayden Lake Recreational Water & Sewer District lines, in violation of the Clean Water Act.
"He agreed to pay a $17,000 fine and $4,000 restitution, even though we believe those amounts were higher than would have been imposed had the matter remained contested. For background, the Spring of 2014 was particularly wet. Mr. Broyles and the Rooter Guy, LLC (much like all of their competitors in the area) were faced with a number of service calls concerning septic systems flooded with groundwater.
"The local water and sewer systems do not ordinarily accept septage from septic tanks (except that Hayden accepts septage from tanks pumped within the boundaries of their district). Accordingly, septage not pumped from the Hayden district has to be trucked up to Bonners Ferry for disposal. Unfortunately, the wet winter and flooding also coincided with weight restrictions on the roads into the facility in Boundary County.
"Septic pumpers would call Boundary County at 6 a.m. to learn if they could haul loads within a narrow timeframe. On those days when these free permits could not be issued, septic pumpers were left with a dilemma as to serving clients with septic systems flooded with groundwater. On nine occasions between March and May, the Rooter Guy discharged groundwater pumped from these locations into a sewer cleanout at their facility in Hayden. We know that other septic pumpers acted as Ben did.
"While he has accepted responsibility for the events, Ben had no idea the conduct could result in criminal charges. In view of his cooperation, the EPA and the U.S. Attorney worked with us to come to a resolution that we felt was fair and would deter other individuals in Ben's and the Rooter Guy, LLC's position from engaging in similar future conduct.
"In his Sentencing Memorandum as well as remarks, yesterday, the Assistant U.S. Attorney stated that the discharge, itself did not lead to significant environmental damage. In fact, US District Judge Lynn Windmill, took that fact into account in going along with the recommendations and making the sentence as he did, for probation.
"Ben Broyles has accepted full responsibility and has taken measures to address the issue by enlarging his on-site storage and trucking capacity, at considerable expense to his business. We take issue with the idea that this conduct jeopardized the health and safety of the entire community and that he conducted business in such a way to put his profits ahead of public safety as alleged by Mr. Adair."
Adair, Acting Special Agent in Charge of EPA’s criminal enforcement program in Idaho, was quoted in Wednesday’s Press saying: “Dumping unpermitted septic waste into a wastewater treatment plant not only damages expensive equipment, but can sicken or injure people.
"By refusing to comply with the law, the defendants jeopardized the health and safety of an entire community. Today’s guilty plea shows that those who ignore this country’s environmental laws can expect to face the consequences in court.”