Mark Hyman, Violating Effluent Limitations, California 2009

Oxnard, CA – Alliance Finishing & Manufacturing, a metal finishing facility, and its owner, Mark Hyman, have been sentenced for illegally discharging industrial wastewater into the public sewer system, violating federal environmental regulations. The case, brought by the Environmental Protection Agency (EPA), highlights a pattern of disregard for the Clean Water Act and underscores the agency’s commitment to holding polluters accountable.

According to court documents, Alliance Finishing & Manufacturing routinely discharged untreated wastewater, exceeding the limits outlined in its pretreatment permit. This practice effectively bypassed mandated pollution controls, potentially harming the local water treatment facilities and the environment. The facility’s actions were discovered through routine inspections and subsequent investigation by EPA’s criminal investigation division.

On February 2, 2009, Alliance was formally charged with one count of violating effluent limitations under 33 U.S.C. 1311(a). Simultaneously, Mark Hyman faced charges for knowingly violating the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(2)(A) – relating to improper handling and disposal of hazardous materials contributing to the illegal discharge. The EPA argued that Hyman was directly responsible for the violations, demonstrating a willful disregard for environmental safety.

After months of legal proceedings, both Alliance Finishing & Manufacturing and Mark Hyman entered guilty pleas on June 22, 2009. The sentencing, also delivered on that date, included a combined penalty of $50,000 in criminal fines. Alliance was ordered to pay a $25,000 federal fine and contribute $15,000 towards community service projects administered by the California Hazardous Materials Investigator’s Association. Hyman received a similar penalty: a $25,000 fine and a $15,000 community service contribution. Both received probationary sentences – Alliance for 36 months, and Hyman for 24 months.

The community service component of the sentencing is intended to directly benefit environmental protection efforts in California. The California Hazardous Materials Investigator’s Association will utilize the funds to enhance training and resources for hazardous materials response teams, bolstering the state’s capacity to prevent and address similar environmental crimes. Sources close to the investigation suggest this case serves as a warning to other industrial facilities operating in California.

The EPA’s criminal enforcement program plays a crucial role in deterring environmental violations by sending a clear message that intentional disregard for environmental laws will be met with significant consequences. This case, while resolved, underscores the ongoing need for vigilance and robust enforcement to protect our waterways and public health. Further investigation into potential long-term environmental impacts resulting from the illegal discharges is ongoing.

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Key Facts

Defendant: Alliance Finishing & Manufacturing and Mark Hyman
Location: Oxnard, California
Year: 2009
Crime: Illegal discharge of untreated industrial wastewater
Statutes Violated: 33 U.S.C. 1311(a), 42 U.S.C. 6928(d)(2)(A)
Penalties: $50,000 in fines ($25,000 each) and $30,000 in community service. Alliance received 36 months probation; Hyman received 24 months.

Source: EPA ECHO Enforcement Case Database

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