Naubinway, MI – Carl and Don Frazier, Inc., along with its owners, Carl L. Frazier and Donald R. Frazier, were sentenced in December 2009 for illegally dumping tons of fish waste into Epoufette Bay in Mackinac County, Michigan. The decades-long scheme, originating in the late 1990s, saw the company and its principals knowingly polluting a vital waterway, jeopardizing the local ecosystem and potentially impacting the region’s fishing industry.
The Fraziers, operating Carl and Don Frazier, Incorporated, processed fish sourced from commercial fishermen. The byproduct of this operation – fish offal, consisting of guts and other discarded parts – accumulated in 50-gallon barrels, each weighing between 400 and 500 pounds. Instead of disposing of the waste responsibly, employees, directed by the Fraziers, routinely dumped these barrels directly into Epoufette Bay and along its shoreline. This practice continued for over a decade before authorities were alerted and an investigation was launched.
On June 9, 2009, the defendants were formally charged with violating the Clean Water Act. Carl and Donald Frazier each pled guilty to a misdemeanor charge of negligent discharge of pollutants without a permit. The corporation, Carl and Don Frazier, Inc., entered a guilty plea to a felony charge of *knowing* discharge of a pollutant without a permit – a significant distinction highlighting the deliberate nature of the offense. Prosecutors argued the brothers were fully aware of the environmental damage their actions were causing but continued the dumping to cut costs.
The sentencing, handed down on December 17, 2009, reflected the severity of the crimes. Carl and Don Frazier each received two years of probation, including six months of home confinement, and were fined $2,500. Carl and Don Frazier, Incorporated was sentenced to three years of probation and ordered to pay a substantial $75,000 fine. Critically, all defendants were held jointly liable for the total financial penalty.
Legal Ramifications
The case centered on violations of the Clean Water Act, specifically 33 U.S.C. 1319(c)(1)(A), which addresses negligent violations of effluent limitations, and 18 U.S.C. 1001, pertaining to making false statements. The deliberate nature of the corporation’s actions elevated the charge to a felony, resulting in the larger fine. Environmental Protection Agency (EPA) officials emphasized the importance of holding polluters accountable to protect the nation’s waterways.
Key Facts
- Defendants: Carl L. Frazier, Donald R. Frazier, and Carl and Don Frazier, Inc.
- Location: Epoufette Bay, Mackinac County, Michigan
- Pollutant: Fish offal (fish guts and other waste)
- Timeframe: Illegal dumping occurred from the late 1990s until 2009.
- Violated Laws: 33 U.S.C. 1319(c)(1)(A), 18 U.S.C. 1001
- Penalties: Individuals – 2 years probation (6 months home confinement), $2,500 fine each. Corporation – 3 years probation, $75,000 fine.
The Frazier case serves as a stark reminder of the consequences of environmental crimes and the EPA’s commitment to enforcing the Clean Water Act. The long-term ecological impact of the dumping remains under assessment, but local residents expressed relief that the illegal activity has ceased and those responsible have been brought to justice.
Source: EPA ECHO Enforcement Case Database
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