Rochester, NH – A metal casting and firearms manufacturer and its key personnel faced federal charges in 1985 for a widespread pattern of environmental violations, culminating in a guilty plea from the company and the dismissal of charges against individuals involved. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate and dangerous disregard for environmental regulations, resulting in the illegal dumping of hazardous waste and a failure to report toxic substance releases.
According to court documents, the company was indicted on a staggering 50 counts on March 18, 1985. The charges included 41 counts of discharging pollutants into waterways without a permit, directly violating sections 301 and 309(c)(1) of the Clean Water Act (33 U.S.C. 1311 and 1319(c)(1)). Investigators discovered evidence of hazardous waste – including cyanide, barium, potassium nitrate, and sodium hydroxide – being dumped into a ditch that fed directly into the Cocheco River, and also leaching into the ground. Further compounding the issue, casting wax containing Polychlorinated Biphenyls (PCBs) was improperly stored with no maintained records, violating Toxic Substances Control Act (TSCA) section 15 (15 U.S.C. 2614).
The indictment didn’t stop at water pollution. The company also stood accused of operating a hazardous waste facility without the required permits, a violation of the Resource Conservation and Recovery Act (RCRA) section 3008(d)(2) (42 U.S.C. 6928(d)(2)). Crucially, the EPA alleged a failure to report the release of hazardous substances as mandated by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), sections 103(b) and 103(c) (42 U.S.C. 9603(b) and 9603(c)). Adding to the severity of the allegations, the company was charged with making false statements on an industrial waste questionnaire, a violation of 18 U.S.C. 1001.
The trial commenced on June 25, 1985. However, the proceedings took an unexpected turn when the company entered a guilty plea to 15 counts of Clean Water Act violations, one count of violating CERCLA section 103(b), and one count of violating CERCLA section 103(c) on July 1, 1985. The following day, the court sentenced the company to a total fine of $75,000 – a $4,000 penalty for each Clean Water Act count and a $7,500 penalty for each CERCLA count. In a controversial move, all charges against Individual #1, Individual #2, and Individual #3 were subsequently dismissed.
The decision to dismiss charges against the individuals has drawn scrutiny over the years, with some environmental advocates questioning whether sufficient accountability was achieved. While the company faced a substantial financial penalty, critics argue that those directly responsible for the environmental damage should have been held personally accountable. The case remains a stark reminder of the challenges faced by environmental regulators in prosecuting complex pollution crimes and securing convictions against both corporations and their leadership.
Key Facts
- Defendant: Individual #1, along with the company and Individual #3
- Location: Rochester, New Hampshire
- Year: 1985
- Violated Laws: Clean Water Act (33 U.S.C. 1311 & 1319(c)(1)), TSCA (15 U.S.C. 2614), RCRA (42 U.S.C. 6928(d)(2)), CERCLA (42 U.S.C. 9603(b) & 9603(c)), 18 U.S.C. 1001
- Hazardous Waste: Cyanide, barium, potassium nitrate, sodium hydroxide, PCBs
- Penalty: $75,000 fine levied against the company
- Outcome: Charges against individuals were dismissed.
GrimyTimes will continue to follow developments in environmental crime and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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