Niagara Falls, NY – Michael Yount, former Environmental Compliance Officer for Delta Sonic Car Wash Systems, Inc., was sentenced to two years of probation and 100 hours of community service dedicated to environmental betterment, following a conviction for making materially false statements to federal investigators. The case, originating from a 2016 oil spill investigation, reveals a deliberate attempt to conceal the extent of illegal wastewater dumping by the car wash chain.
The investigation began on July 18, 2016, when the New York State Department of Environmental Conservation (DEC) responded to reports of a significant oil discharge into Cayuga Creek near Niagara Falls Boulevard. DEC’s Spills Unit traced the suspected source to a large storm sewer pipe and the adjacent Delta Sonic location, estimating the spill to be between 300 and 500 gallons. As investigators probed the incident, they interviewed Yount, who initially downplayed the severity of the situation, claiming only a minor, two-gallon spill had occurred and was promptly cleaned.
However, the DEC Environmental Programs Technician observed an oil-soaked absorbent boom within a storm sewer receiver at the Delta Sonic location the following day. According to court documents, Yount actively misled the technician, falsely stating that such booms were routinely left in the sewers. He knowingly concealed the fact that the boom had been placed there approximately six days prior, deployed in response to an internal complaint from another Delta Sonic employee regarding oily wastewater being pumped into the storm drain during renovations of the car wash’s oil change and lube shop garage.
The deliberate misrepresentation by Yount constituted a violation of Title 18 U.S. Criminal Code, specifically 18 U.S.C. 1001, which prohibits knowingly and willfully making false statements to a federal investigator. This obstruction hindered the investigation into potential Clean Water Act violations. While Yount bore the criminal penalty, Delta Sonic itself also faced significant consequences for its environmental infractions.
Financial Penalties and Consent Agreements
U.S. Attorney Kennedy announced that Delta Sonic entered into consent agreements with both the DEC and the Environmental Protection Agency (EPA). As part of these agreements, the company was compelled to reimburse $25,363.62 in cleanup costs associated with the oil spill. Further, Delta Sonic was assessed a $25,000 civil penalty by the DEC and a separate $30,000 civil penalty by the EPA, totaling $55,000 in fines for violating the Clean Water Act. The penalties underscore the seriousness of environmental crimes and the financial burden associated with non-compliance.
Key Facts
- Defendant: Michael Yount
- Crime: Making materially false statements to federal investigators
- Location: Niagara Falls, New York
- Year: 2018
- Statute Violated: 18 U.S.C. 1001
- Penalty (Yount): Two years probation, 100 hours community service
- Penalty (Delta Sonic): $55,000 in fines and $25,363.62 in cleanup costs
- Incident: Illegal dumping of oily wastewater into Cayuga Creek during garage renovations
The case serves as a stark reminder that environmental compliance is not merely a regulatory obligation, but a legal one, with significant repercussions for both individuals and corporations who attempt to circumvent the law. GrimyTimes will continue to follow developments in environmental crime and hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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