# Huron River - Landlord sewage dumping



## Hamilton Reef (Jan 20, 2000)

Landlord defends sewage dumping decision
Kircher facing prison time in criminal trial

Wednesday, October 11, 2006 BY KHALIL E. HACHEM News Staff Reporter
[email protected] 734-482-3225. 

An Ypsilanti area landlord remained defiant after days of testimony in his criminal trial on charges he permitted up to 100,000 gallons of raw sewage to be pumped into the parking lot of an apartment complex, where some of it eventually ran into the Huron River.

"I thought it was better to go into backyards instead of bedrooms,'' David Kircher testified Tuesday in his trial in Washtenaw County Circuit Court. 

Kircher said he permitted the sewage to be pumped into the parking lot of the 168-unit Eastern Highlands apartments along LeForge Road in Ypsilanti Township in October 2004, but he did not know where the sewage would eventually go.

The testimony was the first time Kircher has directly responded to the charges against him and came after several days of testimony from 18 prosecution witnesses, including environmental experts. 

The state Attorney General's Office is contending that 25,000 to 100,000 gallons of raw sewage was dumped in the parking lot and at least some of that seeped into the nearby Huron River. 

Kircher said he estimated that 12,400 gallons of sewage was pumped because of a clogged pipe, and claimed that both sewage and storm water end up in sewage treatment plants in most communities. 

Judge Archie Brown, who is hearing the case without a jury, asked Kircher if he knew of any sewer and storm water crossings in Ypsilanti Township, and Kircher said no. 

Kircher also told the judge that he should have turned off the water on the first day the pipe was clogged, not two days later, but he feared the tenants would go to the news media and complain. 

George Ward, Kircher's attorney, said no reliable reading of dangerous E. coli bacteria is available. 

The state presented results of one river water sample test, taken 27 hours after the sewage discharge, that showed an E. coli count of more than 20,000 cells per 100 milliliters. The safe water standard set by the U.S. Environmental Protection Agency for a single water sample is 235 cells per 100 milliliters.

Ward said one test is not sufficient because the state requires three tests. He also said Kircher could have not known that there was a storm drain near the area where the sewage was pumped because it was not marked on the blueprint of the property. 

Tom Piotrowski, the assistant attorney general prosecuting the case, declined to comment, with the trial scheduled to resume Thursday. But he said before the trial that any discharge of sewage in state water is harmful because raw sewage contains parasites and bacteria that pose health risks. 

The state Attorney General's Office, the Michigan Department of Environmental Quality, the federal Environmental Protection Agency and Ypsilanti Township cooperated in the investigation.

Kircher, who is free on his own recognizance, could face up to five years in prison and $1 million in fines if convicted of the two counts of endangering water resources. 

Troubles at the Eastern Highlands complex began about eight years ago, when a fire tore through one of the buildings. Later, residents began complaining about living conditions there. The township cited the apartments for about 1,000 fire and code violations and took Kircher to court to force him to make repairs. 

That case was still pending in October 2004 when the sewage was dumped in the parking lot. The township sought a court order to force Kircher to correct the violations and clean up the sewage problem. 

Last December, Kircher was sent to jail for failing to comply with that court order. 

In January, Kircher began evicting residents from the complex. The township obtained a court order halting the evictions, and in February the court appointed a receiver to fix the property. 

Kircher owns 23 properties in Ypsilanti and several in Ypsilanti Township. Both municipalities have taken him to court several times over claims that his properties do not meet building and zoning codes.


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## Globalgills (Mar 6, 2006)

Shameful...That's one of my smallmouth and Walleye spots, it's a good thing I release those fish, but it shouldn't have to be like that...


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## DetroitIron (Dec 4, 2003)

My buddy lived in that *****hole apartment when he was going to Eastern Michigan University finishing up his masters degree. I would visit him on the weekends and it absolutely smelled brutal. There was raw sewage all over the lower level, and in one of the locked rooms. He kept complaining to the landlord who did nothing; finally he called the city and left several complaints. The city inspector came, and when he opened one of the locked doors in the basement, my buddy Jim said the inspector was met "with a wall of flies" when he opened the door. He absolutely couldn't believe his eyes. Brutal. I hope that SOB rots in jail for a while.


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## homerdog (Nov 11, 2003)

Sounds like the whole complex needs to be bulldozed, and if that guy didn't think there were any storm drains nearby he's full of the same stuff he was pumping.


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## Hamilton Reef (Jan 20, 2000)

Does five years in prison and a $1 million penalty make you feel better?


FOR IMMEDIATE RELEASE 
December 20, 2006 

Contact: Robert McCann (517) 241-7397

Ypsilanti Landlord Convicted Of Polluting Huron River

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. 

#####

Protecting Michigans Environment, Ensuring Michigans Future


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## initforfun (Dec 21, 2005)

I hope he does all five of 'em.


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## DetroitIron (Dec 4, 2003)

Good to see that justice was served.


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