Judge orders All-Out Sewer owner to pay $636,000 in restitution

TACOMA U.S. District Court Judge Benjamin Settle on Thursday ordered Longview businessman Ray Caldwell to pay $636,500 in restitution for multiple violations of the Clean Water Act, well short of the amount federal prosecutors had requested from the owner of All-Out Sewer and Drain.

The money will go to three entities defrauded by All-Out between 2003 and 2012:

The government had sought nearly $1 million in restitution.

In April, Caldwell was sentenced to 27 months in prison and fined $250,000 after being found guilty of 33 felony counts related to years of illegally emptying his septic tank pumper trucks into the Longview sewer system. in violation of the federal Clean Water Act.

He is out of prison while he appeals his sentence. No court date has been set for his appeal.

Minimum payments of $5,000 will be made by All-Out, which is being run under probation by Caldwells wife, Joanne. Payment in full is expected by the time Caldwell finishes his prison term and supervised release, about six years.

Caldwell has cashed out roughly $250,000 from a retirement account and the check is in the mail, his attorney Wayne Fricke told the court. That payment will be put toward the $1 million or so in fines and restitution that Caldwell owes.

A 45-minute conference was held during recess between prosecutors, Fricke and Caldwell to determine the exact amount of restitution, which was agreed to by Judge Settle.

Fricke said it is unlikely Caldwell will appeal the restitution judgment, which did not include pre- and post-judgment interest that will be applied.

Caldwell and his business were convicted of dumping sewage collected directly into the citys sewer system to avoid per-gallon disposal fees. Caldwell also underreported the amount of sewage collected into the hundreds of thousands of gallons.

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Judge orders All-Out Sewer owner to pay $636,000 in restitution