HUNTINGTON, W.Va. – A Mason County man has been sentenced to federal prison for repeatedly and illegally dumping raw sewage into waterways connected to the Ohio River, according to a statement released by the U.S. Attorney’s Office on Tuesday, January 15, 2013. Francis Zuspan, 61, received a year and a half sentence from United States District Judge Robert C. Chambers after pleading guilty in September 2012.
The investigation, conducted by the Environmental Protection Agency (EPA), revealed that Zuspan utilized a 2400-gallon sewage hauling truck to dump untreated waste onto property in Mason County, West Virginia, beginning in December 2010. Authorities determined the dumping occurred on multiple occasions through February 2011, with the sewage directly entering a lake and stream watershed ultimately feeding into the Ohio River.
Environmental Impact & Prosecution
The illegal dumping posed a significant threat to both public health and the surrounding environment. Raw sewage contains harmful bacteria, viruses, and pathogens that can contaminate water sources and cause illness. The EPA’s Criminal Enforcement Program took a firm stance, emphasizing the seriousness of polluting vital waterways.
“You can’t pour raw sewage into your neighbors’ water supply,” stated U.S. Attorney Booth Goodwin. “It’s dangerous and it’s illegal, for obvious reasons. People should know better.” David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in West Virginia, echoed this sentiment, asserting that the sentencing demonstrated a commitment to vigorously prosecuting those who endanger the environment and public safety.
Legal Violations & Penalties
Zuspan was convicted of violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(2)(A), which prohibits the discharge of pollutants into navigable waters of the United States without a permit. The penalty for violating this section of the Clean Water Act can include imprisonment, fines, or both. In Zuspan’s case, the sentence reflects the repeated nature of the offenses and the potential harm caused by the illegal dumping.
Looking Ahead
Assistant United States Attorneys Erik S. Goes and Perry McDaniel prosecuted the case. The EPA continues to prioritize the investigation and prosecution of environmental crimes, working to safeguard the nation’s water resources and hold polluters accountable. This case serves as a warning that intentional disregard for environmental regulations will not be tolerated.
Key Facts
- Defendant: Francis Zuspan, 61
- Location: Mason County, West Virginia
- Crime: Illegal dumping of raw sewage
- Date of Sentencing: January 15, 2013
- Plea: Guilty (September 2012)
- Sentence: 18 months (1.5 years) federal prison
- Statute Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
- Amount of Sewage Dumped: Approximately 2400 gallons per incident
- Waterways Impacted: Lake, stream watershed, and ultimately the Ohio River
Source: EPA ECHO Enforcement Case Database
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