Brad Foote, Clean Water Act Violation, Illinois 2011

Cicero, IL – Brad Foote Gear Works, Inc., a manufacturer of precision gear parts, has pleaded guilty to federal charges of illegally discharging industrial wastewater into the Chicago area’s sewer system. The company admitted to violating the Clean Water Act over a period of more than three years, resulting in a $1.5 million fine.

According to court documents, between April 2007 and February 2011, Brad Foote Gear Works knowingly discharged untreated wastewater – including spent acids, alkaline solutions, oil, grease, and metal-bearing materials – into the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) sewer system. This wastewater ultimately flowed to the Stickney Water Reclamation Plant and then into the Chicago Sanitary and Ship Canal, impacting a vital waterway.

Federal agents executed a search warrant at the company’s facility, located at 1309 South Cicero Ave., in February 2011. Following the search, Brad Foote Gear Works began cooperating with authorities and implemented measures to address the improper discharge. This cooperation, however, did not negate the years of violations. The company’s illegal activity centered around its ‘nital etch line’ and ‘Superfinish’ processes, both of which generated highly corrosive and alkaline wastewater without proper treatment or permitting.

Investigators discovered that beginning in 2004, company leadership intentionally bypassed standard wastewater treatment protocols by installing a hidden piping system designed to directly discharge untreated waste. This deliberate act allowed Brad Foote Gear Works to avoid the costs and regulations associated with a valid discharge authorization permit from the MWRDGC. The discharged wastewater frequently exhibited pH levels below 2.0 or above 10.5, far outside acceptable limits and posing a significant threat to the environment and the efficacy of the treatment plant.

The guilty plea, entered in U.S. District Court, carries a $1.5 million fine, payable in three installments of $500,000 over three years. The penalty is based on a mandatory minimum fine of $5,000 per day of violation, totaling $1.5 million for the estimated 300 days of illegal discharge. Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Randall Ashe, Special Agent-in-Charge of the EPA’s Office of Criminal Enforcement, jointly announced the resolution.

“This case underscores the importance of adhering to environmental regulations and protecting our waterways,” stated Special Agent-in-Charge Ashe. “Companies that prioritize profit over compliance will face prosecution.” The government opted not to pursue a corporate compliance agreement due to the company’s prompt remedial actions following the search warrant execution.

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Key Facts

Defendant: Brad Foote Gear Works, Inc.
Location: Cicero, Illinois
Crime: Violation of the Clean Water Act
Statute Violated: 33 U.S.C. 1319(c)(2)(A)
Penalty: $1.5 million fine
Timeline: Illegal discharges occurred between April 2007 and February 2011. Guilty plea entered November 13, 2013. Sentence imposed February 19, 2014.
Method: Intentional bypass of wastewater treatment systems and discharge of untreated industrial waste.

Source: EPA ECHO Enforcement Case Database

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