BUFFALO, NY-- A Lancaster man was sentenced to probation and community service for making a false statement regarding an oil spill in Cayuga Creek.
Delta Sonic was also fined as part of the investigation.
Michael Yount, 47, will serve two years probation and will have to perform 100 hours of community service.
In July 2016, the New York State DEC responded to a report of an oil spill in Cayuga Creek in Niagara Falls. The DEC found a significant amount of waste oil in the creek along Niagara Falls Boulevard near Tuscarora Road, as well as a storm sewer pipe.
The DEC estimates 300-500 gallons of oil had been spilled into the Creek.
The DEC contacted Delta Sonic, which has a Niagara Falls Boulevard location near the creek, and discovered that location was renovating its oil change and lube shop area. Young told the DEC that there were not any problems, other than a minor oil spill of approximately two gallons.
According to the complaint, the DEC returned to Delta Sonic the following day and observed an absorbent boom with oil on it in a storm sewer receiver located in the parking lot at Delta Sonic.
Investigators say Yount mislead the technician stating that booms were often left in sewers and that the boom had been in there for some time - but had actually only been there for about six days.
The complaint alleges that the boom was placed in the sewer following a complaint by another employee that oil wastewater was being pumped into it as a result of the renovations.
In addition to Yount's sentence, the US Attorney's office says Delta Sonic has agreed to pay $25,363 in clean up costs and an additional $25,000 civil penalty for violating the Clean Water Act. Delta Sonic will also pay $30,000 to the U.S. Environmental Protection Agency.
“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, Jr. “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.”