David Marshall Haggard, Sr., Violations of Pretreatment Prohibitions, Kentucky 2005

Winchester, KY – David Marshall Haggard, Sr., owner and president of Haggard Septic Service, was sentenced to probation and hefty fines in 2005 after illegally dumping grease trap waste into the Winchester Kentucky Municipal Utilities sanitary sewer system. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, highlights a deliberate circumvention of environmental regulations designed to protect waterways.

According to court documents, Haggard and an employee collected waste from multiple fast-food restaurants. Instead of disposing of the waste properly at a designated facility, Haggard directed the employee to an unauthorized discharge point – a manhole uncovered with a bulldozer – connected to the city’s sewer system. This illicit dumping bypassed the normal wastewater treatment processes, potentially overloading the system and introducing harmful pollutants into the environment.

The scheme was uncovered through investigation, leading to charges being filed on May 20, 2005. Both Haggard and his employee initially faced charges under 33 U.S.C. §1317(d), pertaining to violations of pretreatment prohibitions under the Clean Water Act, and 33 U.S.C. §1319(c)(2)(A), covering knowingly violating the Act. Both defendants ultimately pled guilty to the charges.

The consequences for Haggard’s actions were substantial. On August 26, 2005, he received a 24-month probationary sentence, with the first six months to be served under home detention. He was also ordered to pay a $100 special assessment fee and a $35,000 federal fine. An amended judgment filed December 6, 2005, stipulated that the fine would be jointly and severally responsible by both defendants, and confirmed that Haggard Company, Inc. had satisfied the financial obligation.

This case serves as a cautionary tale for businesses handling waste materials. The Clean Water Act is designed to maintain the integrity of the nation’s waterways, and those who intentionally disregard these regulations face serious legal and financial repercussions. The EPA continues to prioritize enforcement of these laws to protect public health and the environment.

While the financial penalties and probationary period have passed, the incident remains a part of the public record, and the company’s reputation suffered. Sources close to the investigation suggest that the dumping wasn’t an isolated incident, though further charges were not pursued. The EPA’s continued vigilance is crucial in preventing similar environmental crimes from occurring.

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Key Facts

Defendant: David Marshall Haggard, Sr.
Company: Haggard Company, Inc. (a/k/a Haggard Septic Service)
Location: Winchester, Kentucky
Crime: Illegal dumping of grease trap waste into the sanitary sewer system
Statutes Violated: 33 U.S.C. §1317(d), 33 U.S.C. §1319(c)(2)(A)
Penalties: 24 months probation (6 months home detention), $100 special assessment fee, $35,000 federal fine
Date of Plea: May 20, 2005
Date of Sentencing: August 26, 2005

Source: EPA ECHO Enforcement Case Database

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