CINCINNATI, OH – Dallas Burton, former president of Burton Metal Finishing (BMF) and Franklin Plating and Polishing (FPP), was sentenced in May 2000 following a guilty plea to charges stemming from illegal wastewater discharge. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, revealed a pattern of knowingly violating environmental regulations and falsifying records.
According to court documents, BMF and FPP routinely discharged wastewater generated from their metal plating processes directly into the sanitary sewer system. This practice bypassed required pretreatment standards designed to remove hazardous pollutants before release, posing a significant risk to both the local wastewater treatment plant and the environment. The EPA alleges the companies intentionally circumvented these regulations to cut costs and maximize profits.
The initial charges, filed on December 13, 1999, included violations of the Clean Water Act (CWA). Burton was personally charged with knowingly treating, storing, or disposing of hazardous waste without a permit – a direct violation of 33 U.S.C. 1319(c)(2)(A). Both BMF and FPP faced two counts each: one for knowingly violating the CWA, and another for making false statements to authorities regarding their waste disposal practices, as outlined in 33 U.S.C. 1319(c)(4). A separate charge against Burton and the companies also cited 33 U.S.C. 1311(a) related to general prohibitions against discharging pollutants without a permit.
Just weeks after the charges were filed, on December 20, 1999, Burton and both companies entered guilty pleas. This expedited the legal process and acknowledged their culpability in the environmental violations. The sentencing, handed down on May 25, 2000, reflected the severity of the offenses. Burton received a 36-month probation period, an $100 special assessment, and a hefty $115,000 federal fine. In addition, he was sentenced to eight months of home confinement and ordered to complete 400 hours of community service, along with a separate $10,000 fine.
FPP also faced significant financial penalties, receiving an $800 special assessment and a $115,000 federal fine. The combined fines levied against Burton and the two companies totaled $240,000, sending a clear message that environmental crimes will not be tolerated. The case highlights the EPA’s commitment to holding individuals and corporations accountable for endangering public health and the environment through illegal pollution practices.
Key Facts
- Defendant: Dallas Burton, Burton Metal Finishing (BMF), Franklin Plating and Polishing (FPP)
- Location: Ohio
- Year: 2000
- Crime: Illegal discharge of wastewater containing hazardous pollutants into the sanitary sewer system, falsifying records.
- Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(2)(A), 33 U.S.C. 1319(c)(4)
- Penalties: Burton – 36 months probation, $125,000 in fines (including special assessment), 8 months home confinement, 400 hours community service. FPP – $115,800 in fines (including special assessment).
GrimyTimes will continue to follow environmental crime cases and provide updates as they develop.
Source: EPA ECHO Enforcement Case Database
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