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Duke William Linzy, Violating Clean Water Act, West Virginia 2007

Charleston, WV – Duke William Linzy, owner and operator of a septic hauling business in Charleston, West Virginia, was sentenced to 30 months in federal prison earlier this year following a guilty plea to charges of illegal waste discharge and tax evasion. The case, brought by the Environmental Protection Agency (EPA) and investigated by federal authorities, reveals a deliberate pattern of environmental violations and financial misconduct.

According to court documents, Linzy’s business collected waste from a variety of sources – residential septic tanks, portable toilets, and commercial grease traps – beginning in August 2004. Instead of properly disposing of this hazardous material at authorized facilities, Linzy directed his employees to illegally dump the contents into floor drains at his facility. These drains connected directly to the sanitary sewer system of the City of Charleston and the publicly owned treatment works, bypassing crucial environmental safeguards.

The investigation, which spanned several years, uncovered a blatant disregard for the Clean Water Act. Linzy knowingly discharged commercial wastewaters into the city’s sewer system without authorization, potentially overwhelming the treatment plant and causing environmental damage. The practice not only posed a threat to public health and the environment but also violated the city’s established sewage treatment plan.

Legal Ramifications

On July 18, 2006, Linzy was formally charged with three counts of violating the Internal Revenue Code (26 U.S.C. 7203) for failing to file individual tax returns for the years 2001, 2002, and 2003. He was also charged with one count of violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)), specifically for knowingly discharging pollutants into the Charleston sewer system. Linzy ultimately pled guilty to all four counts on January 11, 2007.

Sentencing and Penalties

U.S. District Court Judge sentenced Linzy to a 30-month term of incarceration, followed by a 12-month period of supervised release. In addition to the prison sentence, Linzy was ordered to pay a $175 special assessment fee and a substantial $25,000 federal fine. The financial penalties reflect the severity of both the environmental and tax-related offenses.

Key Facts

  • Defendant: Duke William Linzy
  • Location: Charleston, West Virginia
  • Crime: Illegal discharge of septic and grease trap waste, tax evasion
  • Statutes Violated: 33 U.S.C. 1319(c)(2)(A) (Clean Water Act), 26 U.S.C. 7203 (Internal Revenue Code)
  • Sentence: 30 months incarceration, 12 months supervised release, $25,000 fine + $175 assessment
  • Waste Source: Residential septic tanks, portable toilets, commercial grease traps

The EPA continues to prioritize enforcement of environmental regulations, and this case serves as a stark reminder that individuals who intentionally violate these laws will be held accountable. GrimyTimes will continue to follow this case and report on any further developments.


Source: EPA ECHO Enforcement Case Database

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