Hall Migliarese, Violating Clean Water Act, Virginia 2007

Roanoke, VA – Advanced Metal Finishing (AMF), along with two of its employees, faced federal charges in 2007 for violating the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of illegal discharge of industrial waste into the Roanoke Regional Wastewater Treatment Plant (WWTP), exceeding the limits outlined in their pretreatment permit.

According to court documents, Hall and Migliarese, both employees at AMF, knowingly participated in the discharge of plating waste and rinse waters—byproducts of the metal finishing process—directly into the municipal sewer system. This unauthorized discharge bypassed established pollution control measures and placed an undue burden on the WWTP, potentially compromising its ability to effectively treat wastewater before it was released back into the environment.

The EPA’s investigation uncovered evidence indicating the violations weren’t isolated incidents, but rather a systemic disregard for environmental regulations. The company and its employees allegedly failed to properly manage and treat their industrial wastewater, choosing instead to illegally discharge it in order to cut costs or streamline operations. This behavior risked harming aquatic life and potentially impacting the health of residents relying on the Roanoke River for recreation and water sources.

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Legal Ramifications & Sentencing

On November 14, 2006, both Hall and Migliarese were each charged with one count of knowingly violating section 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act. Both defendants entered guilty pleas, admitting to their role in the illegal discharges. The case proceeded to sentencing on April 5, 2007, with penalties levied against both the corporation and the individuals involved.

AMF was sentenced to a 36-month probationary period, a $400 special assessment fee, and was ordered to pay $25,000 in restitution and a further $25,000 federal fine. Hall received a sentence of six months of home detention, followed by 36 months of probation, a $100 special assessment fee, and a $5,000 federal fine. Migliarese also received 36 months of probation, including six months of home detention, a $100 special assessment, and a $7,500 federal fine.

Key Facts

Defendant: Advanced Metal Finishing of Roanoke, Inc., Hall, Migliarese
Crime: Violation of the Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A))
Location: Roanoke, Virginia
Year: 2007
Details: Illegal discharge of plating waste and rinse waters into the Roanoke Regional WWTP.
AMF Penalties: 36 months probation, $400 assessment, $25,000 restitution, $25,000 fine
Hall Penalties: 6 months home detention, 36 months probation, $100 assessment, $5,000 fine
Migliarese Penalties: 36 months probation (6 months home detention), $100 assessment, $7,500 fine

This case serves as a stark reminder of the importance of adhering to environmental regulations and the consequences of prioritizing profit over environmental stewardship. The EPA continues to actively pursue enforcement actions against companies and individuals who violate the Clean Water Act, ensuring the protection of our nation’s waterways.

Source: EPA ECHO Enforcement Case Database

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