Buffalo, NY – In a shocking turn of events, Michael Yount, a 47-year-old employee of Delta Sonic Car Wash Systems, Inc., has been sentenced to two years of probation for his role in an oil discharge into Cayuga Creek.

According to court documents, Yount was convicted of making a materially false statement, a charge that carries significant penalties. Under the sentence handed down by U.S. District Judge Elizabeth A. Wolford, Yount will also be required to perform 100 hours of community service that ‘directly contributes to the betterment of this community’s environment.’

The oil discharge, which occurred on July 18, 2016, was discovered by the New York State Department of Environmental Conservation (DEC) Spills Unit. The investigation that followed revealed that Yount, who was the Environmental Compliance Officer for Delta Sonic at the time, had attempted to mislead investigators about the extent of the spill.

During a meeting with a DEC Environmental Programs Technician, Yount stated that there had been a minor spill of approximately two gallons of oil, which was immediately cleaned up. However, subsequent investigation revealed that the actual spill was significantly larger, estimated to be between 300 and 500 gallons.

As a result of the investigation, Delta Sonic has entered into consent agreements with both the DEC and the United States Environmental Protection Agency (EPA) regarding violation of the Clean Water Act. Pursuant to the terms of those consent agreements, Delta Sonic agreed to pay the $25,363.62 in clean-up costs and an additional $25,000 as a civil penalty to the DEC. In addition, the company agreed to pay $30,000 to the EPA as a civil penalty.

The sentencing of Michael Yount marks a significant victory for the community, and serves as a reminder that environmental crimes will not be tolerated. ‘Today’s sentencing together with these consent orders and civil penalties make clear that this Office, together with our federal and state partners, take seriously our obligation to protect our community from all threats,’ stated U.S. Attorney James P. Kennedy. ‘The quality of our environment is inextricably intertwined with the quality of life for our citizens. We will remain vigilant in our efforts to protect and preserve the precious natural resources with which we here in Western New York have been so richly blessed.’

Yount’s sentencing is the result of an investigation by the Environmental Protection Agency – Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke; and the Niagara Falls Police Department.