Brian Chansky, Clean Water Act Violation, Kansas 2023

WICHITA, KS – Brian Chansky, owner of Disposable Instrument Company, Inc. (DIC), a Kansas manufacturer of medical components, has been sentenced to probation and ordered to pay substantial fines for illegally dumping hazardous waste and violating the Clean Water Act. The case, investigated by the Environmental Protection Agency (EPA), reveals a pattern of deliberate circumvention of environmental regulations, prioritizing profit over public health and environmental safety.

DIC, employing approximately 15 individuals, manufactured surgical components using stainless steel and aluminum. This process generated significant electroplating wastewater, legally requiring pretreatment before discharge into the public sewer system. Chansky acquired the necessary industrial wastewater discharge permit in January 2015, seemingly adhering to regulations initially. However, beginning in 2016, the company allegedly began operating outside the bounds of the law.

According to the EPA’s investigation, Chansky directed DIC to bypass its pretreatment system, sending untreated, potentially dangerous wastewater directly into the municipal sewer. Simultaneously, hazardous waste was reportedly dumped into a dumpster behind the DIC facility, avoiding proper disposal procedures. Investigators noted a discrepancy between production levels and the amount of hazardous waste the company reported for shipment and disposal, indicating an intentional effort to conceal the illegal dumping.

The scheme continued undetected for several years until EPA investigators uncovered the violations. The deliberate bypassing of the pretreatment system not only endangered the local publicly owned treatment works (POTW), potentially overloading its capacity and releasing pollutants into waterways, but also posed a direct threat to the environment and public health. The improper disposal of hazardous waste similarly risked soil and groundwater contamination.

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Sentencing and Penalties

On February 23, 2023, Chansky was sentenced to 24 months of probation and 50 hours of community service. In addition to the probationary period, Chansky was ordered to pay a $50,000 criminal fine and a $100 special assessment. The penalties reflect the severity of the environmental violations and aim to deter future misconduct.

Key Facts

Defendant: Brian Chansky
Company: Disposable Instrument Company, Inc. (DIC)
Location: Kansas
Year of Offense: 2016-2023
Statutes Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
Illegal Activities: Bypassing wastewater pretreatment system, illegal dumping of hazardous waste, falsifying hazardous waste manifests.
Penalties: 24 months probation, 50 hours community service, $50,000 fine, $100 special assessment.

This case serves as a stark reminder that environmental regulations are not merely bureaucratic hurdles, but essential safeguards for protecting our communities and the environment. The EPA continues to aggressively pursue criminal enforcement actions against those who knowingly violate these laws, holding them accountable for their actions.

Source: EPA ECHO Enforcement Case Database

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