Charles D. Long, Clean Water Violation, Michigan 2009

DEARBORN, MI – A former plant manager and general manager of Comprehensive Environmental Solutions Inc. (CES) have been sentenced to prison for a deliberate and extensive scheme to illegally dump untreated liquid waste into the Dearborn sanitary sewer system. The case, which unfolded over 2009, highlights a pattern of environmental crime and obstruction of justice, resulting in significant penalties for both individuals and the company itself.

Charles D. Long, the former plant manager, received a 24-month federal prison sentence followed by a 24-month probationary period. Michael Panyard, CES’s former general manager, was sentenced to 15 months incarceration and 24 months probation. The pair conspired to discharge approximately 13 million gallons of untreated liquid waste, bypassing critical treatment processes designed to protect public health and the environment. Prosecutors presented evidence demonstrating the calculated nature of the illegal discharges and the subsequent attempts to cover them up.

Cover-Up Detailed

The scheme didn’t end with the illegal dumping. Long and Panyard actively worked to conceal their actions from regulatory authorities. They falsified compliance reports and tampered with legally required water samples, attempting to mislead investigators about the true state of the wastewater being released. This obstruction of justice component significantly increased the severity of the charges and subsequent sentencing. Two other plant employees, Kaniowski and Mallindine, also faced consequences, receiving probationary sentences of 36 months each.

Corporate Accountability

CES itself was held accountable for the criminal behavior of its leadership. The company was sentenced to five years of probation and ordered to pay a hefty $600,000 criminal fine. In addition to the financial penalty, CES was mandated to contribute $150,000 towards court-ordered environmental projects, designed to mitigate the damage caused by their illegal activities and to benefit the local community. The case serves as a stark reminder that corporate entities can be held criminally liable for the actions of their executives.

Legal Ramifications

The prosecutions were based on violations of several federal statutes. Long and Panyard were convicted under 18 U.S.C. 371 for conspiracy. They, along with CES, faced charges under the Clean Water Act (33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(4)) for illegal discharges and falsifying reports. Further, Long and Panyard were charged with obstruction of justice under 18 U.S.C. 1512(b)(2)(B), and CES with making false statements under 18 U.S.C. 1001. The penalties reflect the seriousness with which federal authorities treat environmental crimes and attempts to undermine the regulatory process.

Key Facts

• Defendant(s): Charles D. Long, Michael Panyard, Comprehensive Environmental Solutions Inc.
• Location: Dearborn, Michigan
• Crime: Illegal discharge of untreated liquid waste and obstruction of justice
• Amount Discharged: Approximately 13 million gallons of untreated waste
• Penalties: Long (24 months prison, 24 months probation), Panyard (15 months prison, 24 months probation), CES ($600,000 fine, $150,000 environmental projects, 5 years probation)
• Statutes Violated: 18 U.S.C. 371, 18 U.S.C. 1512(b)(2)(B), 18 U.S.C. 1001, 33 U.S.C. 1319(c)(4), 33 U.S.C. 1311(a)

The EPA’s criminal enforcement program continues to prioritize cases involving intentional violations of environmental laws, sending a clear message that those who prioritize profit over public health and environmental protection will be held accountable.

Source: EPA ECHO Enforcement Case Database

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