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11/1/2024

WT Staff

Knowledge of an environmental crime?

Give us a call at 877-52-WATER (877-529-2837), or email info@watertoday.ca


November 1, 2024 130 pm PDT

CWA CrimeBox
Environmental Crimes Historic Conviction:  Fiscal Year 2009; Case ID# CR_1928 (California)

Oxnard, CA metal finisher sentenced for discharging toxic wastewater to the municipal treatment plant

One of 72 Clean Water Act Criminal Prosecutions in the State of California (from 1989-2023)

The defendants in this case are a metal finishing company based in Oxnard, CA and the owner of the company. As metal finishing companies generate wastewater contaminated with heavy metals and other hazardous materials in the regular course of business, they must hold a National Pollutant Discharge and Elimination System (NPDES) and possibly a State permit that controls the levels of specific pollutants discharged into a specific receiving water body in a given time period. It is well understood by the operators, owners and permit holders that raw industrial wastewater must be monitored and treated to the parameters set out in the permit prior to discharge. If the wastewater is not treated on site, it must be sent to a specialized treatment facility equipped to handle the particular contaminant material. At no time is it acceptable to discharge pollutants in excess of the permit to the municipal wastewater treatment works or direct to the environment.

Investigators on this case found the defendants had discharged raw industrial process water direct to the publicly-owned municiapl treatement works in Oxnard, in violation of the Clean Water Act. The corporate defendant was charged with the Clean Water Act violation, while the owner of the company was held responsible and charged under the Resource Conservation and Recovery Act (RCRA). The defendants plead guilty to the respective charges.

Sentencing involved federal fines of $25,000 to each defendant and $15,000 to each defendant for community service projects. The corporation was further subject to a term of 3 years probation, during which time the monitoring and reporting of produced wastewater was closely scrutinized by the court appointed authority. The individual defendant received a sentence of 2 years probation, a supervision of the defendants actions.

Federal Fines: $50,000; Community Service Projects: $30,000; Probation: 60 months

CWA CrimeBox briefs are compiled from EPA Criminal Enforcement records.
The Resource Conservation and Recovery Act (RCRA) gives EPA the authority to control hazardous waste from cradle to grave. This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances.

See last week's CrimeBox here.








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