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2/6/2025
WT Staff
Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@watertoday.ca
February 6, 2025 136 pm PST
CWA CrimeBox
Environmental Crimes Historic Conviction: Fiscal Year 2015; Case ID# CR_2732(California)
Serious risk from the illegal dumping of industrial hazardous materials
One of 72 Clean Water Act Criminal Prosecutions in the State of California (from 1989-2023)
“EPA is committed to achieve environmental justice for American communities overburdened from the illegal discharge of industrial materials,” said Jay M. Green, Special Agent in Charge for EPA’s criminal enforcement program in California. The defendants’ manner of doing business is not only dangerous, it is criminal. By refusing to comply with the law, the defendants put the unsuspecting public at serious risk.”
The defendants in this case are a metal finishing company and its owner, located in San Diego County.
Our regular readers already know that wastewater from metal finishers contains heavy metals, is often corrosive, and if discharged directly to the local sewer system damages the sewer lines and equipment at the wastewater treatment plant. The damage caused by illegal discharge burdens taxpayers with costly repairs and endangers the health of treatment plant workers. Facilities generating such high risk wastewater streams are expected to comply with federal and state regulations, having industrial process water treated at a facility equipped to handle it, or run through a pre-treatment process on site prior to discharge.
In this case, the defendants held a discharge permit specifying daily maximum concentrations of nickel and zinc allowed down the drain. The defendants admitted to releasing untreated process water with zinc and nickel in excess of the permitted amount. The defendants further admitted to generating more than one toxic wastewater stream. The metal cleaning baths produce wastewater with corrosives; the plating process bath generates wastewater with dissolved heavy metals; the rinse baths generate wastewater with all of the above toxic substances. An inspector with San Diego Department of Environmental Health Services (“DEH”) found barrels of toxic wastewater at the facility, stored for at least three months. Lab testing of the contents of these barrels found chromium in the league of federally-regulated hazardous waste material. The defendant admitted to understanding this liquid was classified as hazardous waste, and regulated. The defendant further admitted having no permit to store hazardous waste at the facility.
As part of the sentencing, the defendants were ordered to make restitution payments to DEH and the City of San Diego Industrial Waste Control Program for the cost of monitoring future discharge and disposal of industrial process waters.
San Diego FBI Special Agent In Charge Eric S. Birnbaum commented “The metal plating industry requires strict adherence to environmental laws due to the toxic chemicals it uses and the danger these chemicals present to our community. Today’s conviction holds the defendant accountable for his actions, and is a step in the right direction to address, a public health threat to the citizens of San Diego, and of Logan Heights in particular. The FBI will continue to work with our public and private sector partners in our ongoing efforts to safeguard the health of our citizens and prevent the ongoing degradation of our natural resources through criminal prosecution.”
Federal Fines: $51,000; Restitution: $36,397; Probation: 24 months
See the Justice Dept original press release, here.
See last week's CrimeBox here, "Failure to report acid spill draws criminal conviction, fines and probation"
CWA CrimeBox briefs are compiled from EPA Criminal Enforcement records.
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