Northeast Ohio – Barker Products Company has been convicted of illegally discharging toxic heavy metals into the region’s sewer system, a case brought to light by the Environmental Protection Agency (EPA) and culminating in a sentencing in August 1995. The company knowingly bypassed wastewater treatment protocols for at least three years, resulting in significant environmental contamination.
According to court documents, Barker Products was releasing electroplating rinses containing cadmium and zinc directly into the Northeast Ohio Regional Sewer District. Owner Myers admitted to utilizing a bypass system, deliberately circumventing required pollution controls, as early as 1992. District officials estimate the daily discharge exceeded federal limits by a factor of ten, with over 15 pounds of cadmium and 150 pounds of zinc entering the system each day.
The EPA’s investigation, which led to an indictment on April 10, 1995, revealed a blatant disregard for environmental regulations. The illegal discharge posed a threat to both the treatment facility itself, potentially hindering its ability to effectively process wastewater, and the broader ecosystem receiving the effluent. Cadmium and zinc are known to be highly toxic to aquatic life and can accumulate in the food chain, impacting human health.
On May 22, 1995, Myers entered a guilty plea to charges stemming from the Clean Water Act violations. The prosecution successfully argued that Barker Products’ actions were not simply negligent, but a deliberate attempt to cut costs by avoiding proper wastewater treatment. The company’s disregard for the law and the potential harm caused were central to securing the conviction.
Penalties and Sentencing
On August 11, 1995, Barker Products Company was sentenced to 24 months of probation, ordered to perform 220 hours of community service, and fined $200. Myers himself received a 24-month probationary sentence, was ordered to complete 200 hours of community service, and was assessed a $50 special fee. While the financial penalties appear minimal by today’s standards, the case underscores the EPA’s commitment to enforcing environmental regulations and holding polluters accountable.
This case serves as a reminder of the ongoing challenges faced by environmental regulators in protecting our waterways from industrial pollution. While penalties have increased since 1995, the underlying issue of companies prioritizing profit over environmental responsibility remains a persistent concern. The EPA continues to actively investigate and prosecute violations of the Clean Water Act to ensure the safety and health of our communities.
Key Facts
- Defendant: Barker Products Company
- State: Ohio
- Year: 1995
- Laws Violated: 33 U.S.C. 1317(d) and 33 U.S.C. 1319(c)(2)(A) – Illegal discharge of a pollutant under the Clean Water Act.
- Pollutants: Cadmium and Zinc
- Daily Discharge (Estimated): 15+ lbs Cadmium, 150+ lbs Zinc
- Company Penalty: 24 months probation, 220 hours community service, $200 fine
- Owner Penalty: 24 months probation, 200 hours community service, $50 assessment
Source: EPA ECHO Enforcement Case Database
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