David Ector, Negligent Violation of the Clean Water Act, Maryland 2013

Lusby, MD – A Lusby man has been sentenced to probation and ordered to foot the bill for environmental remediation after illegally dumping fill material into the Chesapeake Bay, according to a Department of Justice press release. David Ector, 55, received a two-year probationary sentence on March 13, 2013, from Chief U.S. District Judge Deborah K. Chasanow.

The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division, stemmed from an incident occurring between May 28th and 30th, 2010. Ector, the owner of a cliff-front property in Calvert County, directed the dumping of a substantial amount of rip rap – large rocks typically used for erosion control – over the cliff face and into the Bay. Critically, Ector failed to obtain the necessary permits required by the Clean Water Act before undertaking this activity.

Federal prosecutors detailed that the unauthorized dumping wasn’t merely a paperwork issue. The cascading rocks scraped away significant amounts of soil from the cliff face as they tumbled down the slope. This soil erosion directly interfered with the established habitat of an endangered species residing in the area, exacerbating the environmental damage.

Ector was initially charged on October 26, 2012, with a negligent violation of the Clean Water Act, specifically 33 U.S.C. 1319(c)(1). He subsequently pled guilty to the charge. As part of the sentencing, Judge Chasanow issued a specific order requiring Ector to personally remove all of the illegally discharged fill material from the Chesapeake Bay, bearing the full cost of the cleanup operation. This remediation requirement aims to restore the impacted area to its previous condition, mitigating the damage to the endangered species’ habitat.

“This country’s environmental laws are aimed at keeping our inland waterways free from materials that do not belong there,” stated David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in Maryland. “By ignoring restrictions on fill material in and around Chesapeake Bay, the defendant interfered with the critical habitat of an endangered species. Today’s guilty plea and sentencing demonstrates that those who illegally alter or destroy these essential natural resources will be prosecuted.”

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Key Facts

Defendant: David Ector, 55, of Lusby, Maryland
Crime: Illegal discharge of fill material into the Chesapeake Bay without a permit.
Location: Calvert County, Maryland
Date of Offense: May 28-30, 2010
Statute Violated: 33 U.S.C. 1319(c)(1) – Clean Water Act
Penalty: Two years probation, and order to remove all discharged fill material at defendant’s expense.
Investigating Agencies: Environmental Protection Agency (EPA) Criminal Investigation Division, U.S. Fish and Wildlife Service

The prosecution of the case was led by Assistant U.S. Attorney David I. Salem. U.S. Attorney for the District of Maryland Rod J. Rosenstein praised the collaborative efforts of the EPA and the U.S. Fish and Wildlife Service in bringing the case to a successful resolution, underscoring the importance of interagency cooperation in protecting the nation’s vital natural resources.

Source: EPA ECHO Enforcement Case Database

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