Anthony McCullough, Pollution, Indiana 2008

SHELBYVILLE, IN – Anthony McCullough, owner of now-defunct Miller Environmental, was sentenced in 2008 for knowingly polluting Indiana’s waterways, a case highlighting the ongoing struggle to enforce environmental regulations even as industrial waste poses significant risks to public health and infrastructure. The investigation, spearheaded by federal authorities, revealed a pattern of illegal discharges from Miller Environmental’s facilities in Shelbyville and Rushville.

According to court documents, McCullough directed employees to routinely dump used oil, chemicals, and industrial process wastewater directly into the sanitary sewer systems serving both cities. This deliberate bypass of proper waste disposal protocols placed undue strain on local wastewater treatment plants and threatened the integrity of the surrounding environment. The scheme wasn’t a momentary lapse, but a consistent practice embedded within the company’s operations.

The U.S. Environmental Protection Agency (EPA) initiated the investigation which led to McCullough and Miller Environmental being charged with three counts of violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(2)(A), which addresses knowingly violating provisions of the Act. The charges stemmed from documented illegal discharges across Miller Environmental’s three Indiana facilities.

On October 19, 2007, McCullough entered a guilty plea, acknowledging his responsibility in the illegal dumping. Just hours later, he received a sentence of four months incarceration, followed by a twelve-month probationary period. Beyond imprisonment, McCullough was ordered to pay a $300 special assessment fee, $980 in restitution to the Rushville City Utilities – shared jointly with his company – and a hefty $340,000 in federal fines.

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Corporate Penalties & Compliance

Miller Environmental itself faced significant penalties. The company was sentenced to five years of probation and fined $170,000. However, the court didn’t stop at financial repercussions. As part of the sentencing, Miller Environmental was mandated to develop and submit comprehensive environmental compliance and ethics programs to the U.S. Attorney’s Office for the Southern District of Indiana, a measure intended to prevent future violations. Despite the penalties, Miller Environmental is no longer in business.

Key Facts

Defendant: Anthony McCullough & Miller Environmental
State: Indiana
Year: 2008
Statutes Violated: Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A))
Penalties: McCullough – 4 months incarceration, 12 months probation, $300 special assessment, $980 restitution, $340,000 fine. Miller Environmental – 60 months probation, $1,200 special assessment, $170,000 fine, and mandated compliance programs.
Discharge Location: Sanitary sewer systems in Shelbyville and Rushville, Indiana

This case serves as a stark reminder of the potential consequences for those who prioritize profit over environmental responsibility. While the penalties imposed on McCullough and Miller Environmental are substantial, the long-term damage to the affected waterways and the public trust remains a concern for local communities and environmental advocates.

Source: EPA ECHO Enforcement Case Database

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