All-Out Sewer owner guilty on all counts at Clean Water Act trial

TACOMA A federal judge on Monday found Longview businessman Ray Caldwell guilty of multiple violations of federal clean water laws and other charges, ending a four-month trial that documented how his business repeatedly dumped raw septic waste into the Longview sewer system.

U.S. District Court Judge Benjamin Settle found Caldwell, owner of All-Out Sewer and Drain, guilty of all 33 counts he faced: 25 felony counts of violating the federal Clean Water Act, six counts of mail fraud and two counts of making false statements.

Assistant U.S. Attorney Jim Oesterle said the government vigorously pursued the case because Caldwell had a long history of illegal dumping septage that continued even after U.S. Environmental Protection Agency agents raided his business in August 2012.

It became apparent to us that he wasnt going to stop until we prosecuted him, Oesterle said Monday.

The judge said the court rejected as not credible the defense theory the water was nothing more than graywater, which is the equivalent of dishwater. Although septage may separate into layers as it settles in collection trucks, the water in the middle nonetheless contains bacteria, contaminants and pollutants, he said, adding that Caldwell was aware of this.

The case depended partly on circumstantial evidence, which was overwhelming, and led the court to the only conclusions it could reach, Settle said.

Caldwell, wearing an olive-colored suit and cream shirt and tie, did not visibly react when the judge read the verdict.

Sentencing will take place at 11 a.m. March 10. Caldwell will be free on bond until then.

For each Clean Water Act violation, Caldwell, 60, could face up to three years in prison, fines of $5,000 to $50,000 per day of violation and supervised release of up to one year.

The judge also found the company All-0ut Sewer guilty of 32 of the same charges.

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All-Out Sewer owner guilty on all counts at Clean Water Act trial