APC Paper Group, Negligent Discharge of Pollutants and Falsifying Reports, New York 2019

Norfolk, NY – APC Paper Group, a paper mill operating in Norfolk, New York, was sentenced following a guilty plea to negligent violations of the Clean Water Act. The company admitted to repeatedly exceeding permitted limits for biochemical oxygen demand (BOD) in its wastewater discharges into the Raquette River between January 2013 and September 2015.

BOD levels are critical indicators of water quality, measuring the amount of oxygen available to support aquatic life. Excessive BOD can deplete oxygen, harming or killing fish and other organisms. According to court documents, APC Paper Group’s permit restricted the amount of BOD its wastewater could contain. The company’s failure to adhere to these limits, coupled with a deliberate cover-up, led to the criminal charges.

The investigation revealed that a former employee, Michael Ward, was aware of the BOD exceedances but failed to report them to his superiors. Instead, Ward allegedly falsified monthly reports submitted to the New York State Department of Environmental Conservation (DEC). APC Paper Group admitted it failed to adequately supervise Ward and verify the accuracy of the discharge reports, demonstrating a pattern of negligence that contributed to the illegal pollution.

Federal authorities underscored the seriousness of the offense. U.S. Attorney Jaquith stated the guilty plea signifies APC Paper Group’s acceptance of responsibility for its actions and failure to properly oversee its environmental compliance. Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division, emphasized that the company not only violated its permit but also attempted to conceal the violations through falsified reporting. DEC Commissioner Basil Seggos added that the company’s actions risked the health and safety of the Raquette River ecosystem.

Table of Contents

Key Facts

Defendant: APC Paper Group
Crime: Clean Water Act Violation – Negligent discharge of pollutants and falsifying reports.
Location: Norfolk, New York
Years of Violation: 2013 – 2015
Statutes Violated: 33 U.S.C. 1319(c)(1)(A)
Penalty: $125,000 fine and implementation of an environmental compliance plan.
Contributing Factor: Employee falsification of reports and lack of corporate oversight.

As part of a plea agreement, APC Paper Group was sentenced to a $125,000 fine and mandated to implement a comprehensive environmental compliance plan, which was active until January 1, 2020. The case was jointly investigated by the EPA’s Criminal Investigation Division, the New York State DEC’s Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit, and prosecuted by Assistant U.S. Attorney Michael F. Perry. This case highlights the ongoing efforts of federal and state agencies to hold corporations accountable for environmental crimes and protect vital waterways like the Raquette River.

The outcome serves as a stark reminder that environmental regulations are not merely guidelines, but legally binding requirements. Companies that prioritize profit over environmental responsibility face significant legal and financial consequences. The EPA and DEC continue to collaborate on investigations and prosecutions to ensure the long-term health of New York’s natural resources.

Source: EPA ECHO Enforcement Case Database

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