December 20, 2006

Today, Judge Archie Brown of the 22nd District Court of Washtenaw County sentenced David Kircher to five years in prison and a $1 million penalty for violating Michigan's water protection laws and polluting the Huron River. This sentence is the result of a seven-day trial, which concluded on October 12, 2006, in which Mr. Kircher was found guilty on two counts of discharging raw sewage into the waters of the State, which posed a threat to the quality of the waters and to public health.

"We must all play our role in protecting Michigan's vast water resources," said DEQ Director Steven E. Chester. "We will continue to ensure that those responsible for jeopardizing our waters are held accountable."

The conviction stemmed from a Southeast Michigan Environmental Crimes Task Force investigation conducted by the U.S. Environmental Protection Agency's Criminal Investigation Division and the Department of Environmental Quality's Office of Criminal Investigations, along with the assistance of Ypsilanti Township employees. The Michigan Department of Attorney General brought the case against Mr. Kircher before Judge Brown.

"Today's sentencing should serve as notice that those who jeopardize the health and safety of the public will face severe consequences," stated Attorney General Mike Cox.

The investigation determined that Mr. Kircher, owner of Eastern Highlands Apartments, instructed his employees to pump sewage from a sanitary sewer line into a storm drain that discharges into the Huron River. Mr. Kircher discharged an estimated 25,000 to 100,000 gallons of untreated sewage during the three-day period.

During the trial, witnesses testified that raw sewage had backed up in their apartments for several days. At least two incidents were found where children became very sick after drinking the contaminated water. Witnesses also stated they had told Mr. Kircher that pumping sewage into a storm drain was illegal, and Dr. Joan Rose, a microbiologist, testified that bacteria, viruses, and parasites are present 100% of the time in untreated sewage and can cause severe health issues.

Editor's note: DEQ news releases are available on the department's Internet home page at www.michigan.gov/deq.

"Protecting Michigan's Environment, Ensuring Michigan's Future"