Donald Gregory Smith, Negligent Violation of Clean Water Act, Alabama 2010

Mobile, Alabama – A decade-long scheme by Roto-Rooter drivers to illegally dump thousands of gallons of grease into the Mobile, Alabama sewer system culminated in convictions and substantial fines for the company and its leadership in 2011. The Environmental Protection Agency (EPA) brought the criminal enforcement case, revealing a pattern of deliberate environmental violations and falsified records designed to conceal the practice.

According to court documents and testimony, drivers for DHS, doing business as Roto-Rooter, routinely bypassed proper disposal procedures – hauling removed grease to designated sewage treatment plants – and instead illegally discharged it directly into the city’s sewer system. The dumping, which allegedly occurred between 1997 and 2008, involved quantities of up to 4,000 gallons at a time, deposited into manholes, grease traps, and other access points. The practice not only violated environmental regulations but also placed a significant strain on the Mobile Area Water and Sewer System.

The indictment revealed the scheme was not a series of isolated incidents, but a systemic practice encouraged from within the company. Former Roto-Rooter driver Michael Edington, who pleaded guilty to his role in the conspiracy, testified at trial that the illegal grease dumping was openly referred to as “the Roto-Rooter way” during training. Records were allegedly falsified to indicate proper disposal, listing local restaurants like Cracker Barrel and Felix’s Fish Camp among those whose grease had been handled correctly, despite the actual illegal dumping.

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Convictions and Penalties

Following a trial in August 2010, Donald Gregory Smith, president of DHS, was acquitted of felony charges but convicted on 28 misdemeanor counts of negligently violating the Clean Water Act. William Wilmoth Sr., the company’s General Manager, faced a more severe outcome, being 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 in January 2011 saw Smith placed on probation and fined $150,000. Wilmoth received a 30-day jail sentence and was ordered to perform 200 hours of community service. DHS, Inc. was slapped with a hefty fine of $238,000. All defendants were jointly and severally ordered to pay $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 dba Roto-Rooter
State: Alabama
Years of Activity: 1997 – 2008
Statutes Violated: 18 U.S.C. 1341 (Mail Fraud), 33 U.S.C. 1311(a) (Clean Water Act), 42 U.S.C. 7413(c)(4) (False Statements)
Illegally Dumped: Up to 4,000 gallons of grease per incident
Penalties: Fines totaling $388,000, jail time, probation, community service, and restitution.

The case highlights the importance of environmental compliance and the potential consequences for companies that prioritize profit over responsible waste management. The EPA’s successful prosecution sends a clear message that deliberate pollution will not be tolerated and that those responsible will be held accountable.

Source: EPA ECHO Enforcement Case Database

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