Zachary, Louisiana – Pipe manufacturer Amitech USA, LLC, was sentenced in May 2007 following a federal investigation into long-term violations of the Clean Air Act. The company knowingly operated its Louisiana facility without essential emission control equipment for over five years, releasing styrene – a potentially carcinogenic chemical – into the surrounding community. The case, originating from a citizen’s complaint, highlights a pattern of deliberate non-compliance and a calculated disregard for environmental regulations in pursuit of profit.
Federal investigators determined that the Amitech plant began operations in 2002 and continued to produce pipe without a functioning condenser system designed to capture styrene emissions. While the equipment *was* present on site, it remained non-operational due to mechanical issues that were never addressed. Crucially, Amitech failed to notify state authorities – the Louisiana Department of Environmental Quality (LDEQ) – about this critical lapse in compliance, violating federal reporting requirements.
Timeline of Violations and Prosecution
The investigation, a collaborative effort between the Environmental Protection Agency (EPA), Louisiana State Police (LSP), and the U.S. Attorney’s Office, led to charges being filed in May 2006 and May 2007. Amitech was initially charged with knowingly making false statements regarding its emissions controls, specifically violating 42 U.S.C. 7413(c)(2)(A) of the Clean Air Act. William S. McCann, the plant manager at the time, was charged with negligent release of pollutants under 42 U.S.C. 7413(c)(4).
In May 2007, Amitech pled guilty to failing to report the unpermitted emissions. The company received a sentence of 24 months probation, a $400 special assessment fee, $1,070,000 in federal fines, and $100,000 in restitution. Of the restitution funds, $80,000 was directed to the Louisiana State Police Right to Know Fund and $20,000 to the LDEQ. The company had reportedly sold illegally produced pipe to Venezuela and Jordan, generating substantial revenue while circumventing environmental protections.
McCann also pled guilty in December 2007 and was sentenced to 60 months probation, a $25 special assessment fee, a $50,000 federal fine, and $25,000 in restitution, split between the LDEQ and LSP. The relatively lenient sentence for McCann, despite his direct knowledge of the violations, drew criticism from environmental advocacy groups who argued for harsher penalties to deter future negligence. The EPA, however, maintained that the case underscored the importance of criminal enforcement in safeguarding public health and the environment.
Key Facts
- Defendant: Amitech USA, LLC
- Crime: Clean Air Act violations, specifically failure to report unpermitted emissions and negligent release of styrene.
- Location: Zachary, Louisiana
- Year of Sentencing: 2007 (violations occurred 2002-2007)
- Statutes Violated: 42 U.S.C. 7413(c)(2)(A), 42 U.S.C. 7413(c)(4)
- Penalties: Amitech – $1,070,000 in fines, $100,000 restitution, 24 months probation. McCann – 60 months probation, $50,000 fine, $25,000 restitution.
- Hazardous Substance: Styrene, a possible human carcinogen.
“Criminal enforcement is a top priority precisely because defendants like Amitech knowingly disregard the law to make illegal profits,” stated Granta Y. Nakayama, EPA’s Assistant Administrator of the Office of Enforcement and Compliance Assurance at the time of the sentencing. The case serves as a stark reminder that environmental crimes carry significant legal and financial consequences, and that regulatory oversight is crucial for protecting communities from hazardous pollution.
Source: EPA ECHO Enforcement Case Database
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