Finishing Corporation of America, Pollution, OH 1991

Campbell, Ohio – A decades-old case of industrial pollution and falsified reporting culminated in a significant legal battle and, ultimately, a re-sentencing in 1991. Finishing Corporation of America, Incorporated, along with three of its key personnel, faced federal charges under the Clean Water Act for knowingly discharging pollutants into the city’s wastewater treatment plant, placing workers at risk and violating environmental regulations.

The case, originating with a 40-count indictment in May 1989, detailed a pattern of illegal discharges from the company’s aluminum anodizing process. Anodizing, while a legitimate industrial practice, generates hazardous waste if not properly managed. Investigators found that Finishing Corp. of America was routinely exceeding pretreatment standards for acidity and other pollutants, directly impacting the ability of the local Publicly Owned Treatment Works (POTW) to operate effectively. The indictment alleged violations of sections 307(d) and 309 of the Clean Water Act, focusing on the intentional circumvention of established safety protocols.

The roles of key individuals quickly came to light. John Rutana, President of Finishing Corp., Richard Fiorini, the Secretary-Treasurer who also held the position of Health Commissioner for Campbell, Ohio – creating a clear conflict of interest – and John Barnes, the plant manager, were all implicated. Fiorini’s dual role raised questions about oversight and potential cover-ups, while Barnes was directly responsible for the day-to-day operation of the plant and the illicit discharges. Rutana was also charged with making false statements, attempting to conceal the extent of the pollution from regulatory agencies.

A series of guilty pleas began in September 1989, with Fiorini and Barnes admitting to negligent discharges. Shortly after, the corporation itself, alongside Rutana, confessed to 18 counts of violating the Clean Water Act. The initial sentencing in March 1990, however, proved controversial. While the company was fined $108,900, and individuals faced substantial fines – Rutana $90,900, Fiorini $51,425, and Barnes $42,925 – the court opted for probation and community service instead of imprisonment. This leniency prompted an immediate appeal from the U.S. Attorney’s Office for the Northern District of Ohio, arguing that the sentences fell short of federal sentencing guidelines, which would have mandated jail time.

Legal Ramifications & Penalties

The Court of Appeals sided with the government in May 1991, upholding the appeal and remanding the case back to the lower court for re-sentencing. The specific statutes violated included 33 U.S.C. 1319(c)(2)(A), 33 U.S.C. 1346, 33 U.S.C. 1319(c)(3), 18 U.S.C. 1001, 33 U.S.C. 1317(d), and 33 U.S.C. 1319(c)(1)(A). These cover knowingly discharging pollutants, endangering workers, falsifying reports, and violating pretreatment standards. The fines levied represented a significant financial penalty, but the initial lack of imprisonment underscored the challenges in securing adequate punishment for corporate environmental crimes during that era. This case serves as a reminder of the importance of strict adherence to environmental regulations and the potential consequences of prioritizing profit over public health and safety.

Key Facts

• Defendant: Finishing Corporation of America, Incorporated
• Location: Campbell, Ohio
• Year of Case: 1991 (Indictment filed in 1989)
• Crime: Violations of the Clean Water Act (CWA)
• Key Individuals: John Rutana (President), Richard Fiorini (Secretary-Treasurer/City Health Commissioner), John Barnes (Plant Manager)
• Violated Statutes: 33 U.S.C. 1319(c)(2)(A), 33 U.S.C. 1346, 33 U.S.C. 1319(c)(3), 18 U.S.C. 1001, 33 U.S.C. 1317(d), 33 U.S.C. 1319(c)(1)(A)
• Penalties: $108,900 corporate fine, individual fines ranging from $42,925 to $90,900, probation, and community service (initial sentencing was appealed and re-sentencing occurred).

Source: EPA ECHO Enforcement Case Database

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