Grand Haven, MI – Gary Rowe, a principal in the now-bankrupt ASP Plating Company, was sentenced to three months and one day in federal custody on February 10th, 2023, for knowingly violating the Clean Water Act. The sentencing concludes a case detailing years of illegal discharges of zinc into the Grand Haven-Spring Lake sewer system. Rowe, along with his brother Stephen, deliberately circumvented environmental regulations in a scheme to cut costs at the electroplating facility.
According to court documents, ASP Plating Company operated under an industrial pretreatment permit issued by the Grand Haven-Spring Lake Sewer Authority. Between 2015 and 2021, the company repeatedly exceeded the permitted limits for zinc discharge, a highly toxic substance to aquatic life. The scheme involved not only exceeding daily and monthly limitations but also releasing large, unpermitted batches of wastewater and, critically, bypassing the pretreatment system designed to filter out harmful pollutants.
The illegal activity wasn’t simply negligence; the investigation revealed a deliberate effort to evade detection. Rowe and his brother allegedly instructed employees to time wastewater discharges to coincide with the absence of Sewer Authority monitoring personnel. This coordinated deception highlights a conscious disregard for both environmental regulations and the health of the local ecosystem.
Financial and Legal Penalties
In addition to his custodial sentence, Gary Rowe was ordered to serve nine months of location monitoring as part of a one-year term of supervised release. He faces a substantial financial penalty, including a $20,000 fine, $13,500 payable to the Grand Haven-Spring Lake Sewer Authority under a separate administrative consent order, and $4,212.54 in restitution to the City of Grand Haven. A $100 special assessment was also levied. His brother, Stephen Rowe, received a 14-day jail sentence, one year of supervised release, and a $10,000 fine, with both brothers jointly responsible for the restitution amount.
Company Consequences
ASP Plating Company itself, which filed for bankruptcy in October 2022, was sentenced to three years of probation and fined $5,000, plus the $400 special assessment. Despite the bankruptcy filing, the company remains liable for the restitution amounts ordered against Gary Rowe. This case underscores the fact that corporate bankruptcy does not absolve individuals or entities of responsibility for environmental crimes.
Statutes Violated & Key Facts
The Rowes’ actions violated 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1319(c)(1)(B) of the Clean Water Act, specifically relating to the unlawful discharge of pollutants and the falsification of records. This case serves as a stark reminder that environmental crimes carry significant legal and financial consequences.
Key Facts:
- Defendant: Gary Rowe, ASP Plating Company
- Location: Grand Haven, Michigan
- Years of Violation: 2015-2021
- Crime: Illegal discharge of zinc into the sewer system, bypassing pretreatment systems, and obstruction of monitoring.
- Penalties (Gary Rowe): 3 months + 1 day imprisonment, 9 months location monitoring, $20,000 fine, $13,500 to Sewer Authority, $4,212.54 restitution, $100 assessment
- Penalties (Stephen Rowe): 14 days imprisonment, $10,000 fine, joint restitution responsibility
- Company Penalty: 3 years probation, $5,000 fine
GrimyTimes will continue to follow this case and report on any further developments regarding the restitution payments and the environmental impact of ASP Plating Company’s actions.
Source: EPA ECHO Enforcement Case Database
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