COLUMBIA - The state's highest court says South Carolina's environmental agency mishandled a case against an accused polluter, but the justices upheld the criminal indictments against the developer.

The Supreme Court ruled Monday that the state Department of Health and Environmental Control treated John Peake unfairly by secretly referring the case against him to the state attorney general's office for prosecution while pursuing a civil settlement with the Lake Greenwood developer.

"At worst, the facts here demonstrate a cultural environment at a state agency to abuse those the agency is entrusted to serve in order to obtain their idea of maximum results," Associate Justice E.C. Burnett wrote.

The Spartanburg justice was joined in his opinion by Chief Justice Jean Toal and Associate Justice John Waller.

"Mr. Peake is gratified that a majority of the court recognized that DHEC trampled on his rights," said his attorney, state Sen. John Hawkins, R-Spartanburg. "This case should be a clarion warning to all the citizens of this state that this could happen to anyone."

All five justices, however, voted to uphold a Greenwood County criminal indictment charging Peake with violating the Pollution Control Act, allowing the 7-year-old case to go to trial.

DHEC officials had no statement Monday, saying they were still reviewing the ruling. A spokesman for the attorney general's office said the office would have no comment.

Peake is accused of abandoning a private sewage-treatment plant at a residential development on Lake Greenwood, causing it to unlawfully discharge domestic sewage into the environment. Peake has denied the charge.

If convicted, Peake could face as many as two years in prison and fines as much as $9 million.

In its ruling, the Supreme Court said DHEC failed to tell Peake the agency was considering criminal charges. Meanwhile, the agency negotiated a deal in which Peake transferred ownership of the sewer plant to the town of Ninety Six.

Hawkins said his client never would have agreed to the transfer had he known about the criminal case because it makes him look guilty.