Borjohn Optical Technology, Pollution, MA 1991

Burlington, MA – Borjohn Optical Technology, a metal plating company specializing in defense contracts, and its owner, John Borowski, were convicted in 1990 of multiple violations of the Clean Water Act, culminating in significant fines, imprisonment, and restitution. The case, originating from a government procurement fraud investigation by the FBI, revealed a pattern of knowingly discharging untreated and highly toxic wastewater into the Burlington public sewer system, ultimately impacting Boston Harbor.

The initial indictment, handed down by a Federal Grand Jury on October 2, 1989, detailed a staggering 133 counts against Borjohn Optical Technology and Borowski. Prosecutors alleged that, under Borowski’s direction, the company routinely bypassed wastewater treatment protocols, releasing effluent containing dangerous levels of nickel and nitric acid. This practice not only violated established environmental regulations but also directly endangered employees through potential exposure to hazardous materials.

The charges centered around two primary offenses: knowingly discharging pollutants in violation of pretreatment standards for the metal finishing industry, and knowing endangerment of employees. The government argued that Borowski prioritized cost-cutting measures over environmental compliance and worker safety, creating an “imminent danger of death or serious bodily injury” for those working within the facility. The investigation uncovered evidence that Borowski was aware of the risks but continued the illegal discharges regardless.

After a jury trial, both defendants were found guilty on two counts of knowing endangerment on May 23, 1990. The sentencing, delivered on November 7, 1990, was substantial. John Borowski received a 26-month prison sentence, a $400,000 fine plus a $100 special assessment, and 24 months of probation upon release. Borjohn Optical Technology, Inc. was fined $50,000 plus a $400 special assessment, placed on 24 months probation, and ordered to pay $15,513.80 in restitution to the medical health insurance of two former employees impacted by the pollution.

An appeal was filed on December 18, 1990, seeking to overturn the convictions, but details of the appeal’s outcome remain limited in publicly available records. The case stands as a stark example of environmental crime driven by corporate negligence and a disregard for both public health and the environment. The Department of Justice aggressively pursued the violations, highlighting the severity of polluting waterways and endangering workers for financial gain.

Key Facts

Defendant: Borjohn Optical Technology and John Borowski
Location: Burlington, Massachusetts
Crime: Violations of the Clean Water Act and knowing endangerment
Statutes Violated: 33 U.S.C. 1317(b), 33 U.S.C. 1317(c), 33 U.S.C. 1317(d), 33 U.S.C. 1319(c)(2)(a), 33 U.S.C. 1319(c)(3)
Penalties: John Borowski – 26 months imprisonment, $400,000 fine, 24 months probation. Borjohn Optical Technology – $50,000 fine, 24 months probation, $15,513.80 restitution.
Nature of Business: Metal plating, specializing in mirrors for the Department of Defense.

GrimyTimes will continue to follow any developments regarding the appeal and the long-term environmental impact of the pollution caused by Borjohn Optical Technology.

Source: EPA ECHO Enforcement Case Database

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