Manchester, NH – Franklin Non-Ferrous Foundry, Inc. and its owner, were sentenced in May 2012 following a guilty plea to federal charges stemming from the unlawful storage of hazardous waste. The case, investigated by the Environmental Protection Agency (EPA) and initiated by Occupational Safety and Health Administration (OSHA) inspections, revealed years of non-compliance with environmental regulations and a disregard for potential public health risks.
The foundry, which manufactures metal parts for industrial applications, generates waste containing dangerous levels of lead and cadmium as a byproduct of its operations. These substances are known to cause severe health issues, including behavioral problems, learning disabilities, and kidney disease. Despite being previously cited for similar violations in 2002 and 2005, the company and its owner, failed to correct the issues and continued to illegally accumulate and store hazardous waste at their facility.
The initial discovery of the violations stemmed from OSHA workplace inspections in April and August of 2009. These inspections flagged improper storage practices, prompting the EPA to execute a search warrant in December 2009. The search uncovered numerous drums containing hazardous waste stored on the foundry premises without the necessary permits. A federal grand jury subsequently indicted the company and its owner in August 2010, alleging violations of the Resource Conservation and Recovery Act (RCRA).
Timeline of Events
The indictment charged both the foundry and its owner with one count of unlawfully storing hazardous waste, specifically under 42 U.S.C. 6928(d)(2)(A). The investigation revealed that the illegal accumulation and storage had been ongoing since July 2005, exceeding the 90-day limit permitted without proper authorization. This wasn’t a momentary lapse; it was a sustained pattern of negligence.
Penalties and Restitution
On January 6, 2012, both the company and its owner entered guilty pleas. The sentencing, handed down on May 10, 2012, included a probationary period of 24 months for both entities. The foundry was ordered to pay a $400 special assessment, while the owner faced a $100 special assessment, six months of home confinement, and a unique requirement to publish a written apology in both a local newspaper and a trade magazine serving the foundry industry. This public admission of guilt was intended to serve as a deterrent to others in the industry.
Key Facts
- Defendant: Franklin Non-Ferrous Foundry, Inc.
- Location: New Hampshire
- Crime: Unlawful storage of hazardous waste (lead and cadmium)
- Statute Violated: 42 U.S.C. 6928(e) – Resource Conservation and Recovery Act (RCRA)
- Previous Violations: Cited for similar violations in 2002 and 2005.
- Penalties: 24 months probation for company and owner; $400/$100 special assessments; 6 months home confinement for owner; public apology required.
This case highlights the EPA’s commitment to enforcing environmental regulations and holding companies accountable for endangering public health and the environment. The repeated violations and lack of corrective action by Franklin Non-Ferrous Foundry demonstrate a systemic disregard for the law, and the penalties, while relatively modest, aim to discourage similar behavior in the future.
Source: EPA ECHO Enforcement Case Database
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