Locust Grove, GA – A Georgia couple has been sentenced to federal prison for illegally dumping approximately 1,000 pounds of hazardous waste naphthalene, a key component of military napalm simulators, onto a neighboring property in 2008. Jennifer and John Duffey, formerly of Locust Grove and now residing in Macon, operated Joint Military Development Services (JMDS), a company providing training exercises for the U.S. armed forces.
According to court documents, the Duffeys deliberately avoided the $15,000 cost of proper hazardous waste disposal, opting instead to bury the naphthalene in two separate incidents in October and November 2008. Employees of JMDS were directed to dig holes and conceal the waste on land adjacent to the company’s property. The initial dumping of around 500 pounds prompted one employee to report experiencing severe headaches after handling the noxious powder. For the second dumping, the Duffeys provided masks to employees, acknowledging the health risks, and further instructed them to conceal the burial site with leaves and a pallet.
Investigation and Exposure
The illicit disposal came to light after a former employee contacted the Georgia Environmental Protection Division (GEPD), while another alerted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The GEPD investigation revealed JMDS had not obtained the necessary permits for hazardous waste disposal and that the Duffeys had also lied to a state inspector. Crucially, one employee who assisted in the dumping cooperated with authorities and avoided prosecution.
Obstruction of Justice
John Duffey’s criminal activity extended beyond the illegal dumping. Prosecutors presented evidence demonstrating his attempts to obstruct the investigation by threatening employees to remain silent and fabricating a false timeline of events. He also allegedly pressured an employee to corroborate the falsified account when questioned by investigators. This behavior contributed to the charges brought against him.
Sentencing and Penalties
On April 12, 2010, U.S. District Judge Story sentenced both Jennifer and John Duffey to 1 year and 1 day in federal prison, followed by three years of supervised release, with the first six months to be served under home confinement. They were also ordered to pay $41,238 in restitution to Lafarge Concrete, presumably for remediation costs associated with the illegal dumping. The Duffeys had previously pleaded guilty to the charges in December 2009.
Legal Ramifications
The Duffeys were convicted of violating 18 U.S.C. 371 (Conspiracy) and 18 U.S.C. 1519 (Destruction, Alteration or Falsification of Records). These charges reflect not only the illegal disposal of hazardous waste but also the deliberate attempt to cover up the crime and intimidate witnesses. The case underscores the EPA’s commitment to prosecuting environmental crimes and holding individuals accountable for endangering public health and the environment.
Key Facts
- Defendants: Jennifer and John Duffey
- Company: Joint Military Development Services (JMDS)
- Crime: Illegal disposal of 1,000 pounds of naphthalene (hazardous waste)
- Location: Locust Grove, Georgia
- Year: 2008 (dumping), 2010 (sentencing)
- Statutes Violated: 18 U.S.C. 371, 18 U.S.C. 1519
- Penalties: 1 year, 1 day imprisonment, 3 years probation, $41,238 restitution
- Reporting Source: Former employees contacted GA EPD and ATF
Maureen O’Mara, Special Agent-in-Charge of the EPA’s Criminal Enforcement program in Atlanta, emphasized that proper hazardous waste disposal is essential for protecting workers, the community, and the environment, and that “cutting corners” carries serious consequences.
Source: EPA ECHO Enforcement Case Database
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