Mobile, AL – A years-long scheme to illegally dump thousands of gallons of grease into the Mobile, Alabama sewer system by plumbing giant Roto-Rooter and its local management culminated in convictions and hefty fines in 2011. The Environmental Protection Agency (EPA) brought criminal charges against DHS, Inc. dba Roto-Rooter, along with company executives, for repeatedly violating the Clean Water Act.
According to court documents, drivers for the Mobile-area Roto-Rooter franchise, operating with the knowledge and approval of General Manager William Wilmoth Sr. and President Donald Gregory Smith, circumvented proper waste disposal procedures between 1997 and 2008. Instead of transporting collected grease trap waste to designated sewage treatment plants, employees allegedly dumped as much as 4,000 gallons at a time directly into manholes, back into grease traps, and other access points within the city’s sewer network. This practice, internally referred to as “the Roto-Rooter way” during employee training, caused significant strain on the Mobile Area Water and Sewer System and posed a potential environmental hazard.
The indictment further alleges that Roto-Rooter systematically falsified disposal records to conceal the illegal dumping. These records falsely indicated that waste from local restaurants – including prominent chains like Cracker Barrel and Felix’s Fish Camp – had been properly disposed of. The scheme was uncovered following an EPA investigation and the cooperation of former Roto-Rooter driver Michael Edington, who pleaded guilty to his role in the conspiracy and testified against his former employers.
Court Outcomes & Penalties
Following a trial in August 2010, Donald Gregory Smith was acquitted of felony charges but convicted on 28 misdemeanor counts of negligently violating the Clean Water Act. William Wilmoth Sr. faced a more severe outcome, convicted of the same misdemeanor charges *and* the felony conspiracy count. DHS, Inc. itself was found guilty of conspiracy, six counts of mail fraud, and 28 of 33 counts of violating the Clean Water Act.
Sentencing, handed down in January 2011, saw Smith receiving probation and a $150,000 fine. Wilmoth was sentenced to 30 days incarceration and 200 hours of community service. DHS, Inc. was ordered to pay a $238,000 fine. All defendants were jointly and severally liable for $5,975 in restitution to the Mobile Area Water and Sewer System to cover damages caused by the illegal dumping. Edington received 12 months probation and was also ordered to contribute to the restitution.
Key Facts
- Defendant: DHS, Inc. dba Roto-Rooter, Donald Gregory Smith, William Wilmoth Sr.
- Location: Mobile, Alabama
- Years Active: 1997 – 2008
- Crime: Illegal dumping of grease into the sewer system, falsification of records, mail fraud, conspiracy
- Statutes Violated: 18 U.S.C. 1341 (Mail Fraud), 33 U.S.C. 1311(a) (Clean Water Act Violation), 42 U.S.C. 7413(c)(4) (False Statements) and 18 U.S.C. 371 (Conspiracy)
- Penalties: Fines totaling $388,000, jail time (30 days), probation, community service, and $5,975 restitution.
This case serves as a stark reminder of the potential consequences for companies and individuals who prioritize profit over environmental compliance. The EPA continues to actively investigate and prosecute violations of the Clean Water Act to protect public health and the nation’s waterways.
Source: EPA ECHO Enforcement Case Database
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