Laclair Enterprises, Pollution, NY 2004

Amherst, NY – Laclair Enterprises, Inc., operating as Goodyear X-Ray, has been sentenced following a guilty plea to charges of violating the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), revealed the company was knowingly discharging industrial wastewater containing harmful pollutants into the Amherst, New York, publicly owned treatment works (POTW) system without the required permits.

The investigation uncovered that Goodyear X-Ray was releasing wastewater with an unacceptably low pH – consistently below 5.0 – alongside waste containing heavy metals, specifically silver. These discharges posed a potential threat to the POTW’s ability to effectively treat wastewater and could have resulted in environmental damage. Sources within the EPA’s criminal investigation division indicated the unauthorized discharges occurred over a period of time, prompting a focused investigation after repeated concerns were raised by Amherst town officials regarding the POTW’s operational stability.

Federal prosecutors charged Laclair Enterprises with one count of knowingly violating 33 U.S.C. 1319(c)(2)(a) of the Clean Water Act on July 1, 2003. The charge stems from the company’s deliberate circumvention of regulations designed to protect waterways and public health. The company’s initial response to the allegations was reportedly defensive, with attempts made to downplay the severity and frequency of the illicit discharges. However, mounting evidence collected by the EPA, including internal company records and analysis of the wastewater itself, ultimately led to the guilty plea.

Following the guilty plea, the court handed down a sentence on December 2, 2003, that included a 24-month probationary period. In addition to probation, Laclair Enterprises was ordered to pay a special assessment fee of $400. Further financial penalties included $3,487 in restitution to the town of Amherst to cover costs associated with addressing the impacts of the illegal discharges and a substantial federal fine of $70,000. A key outcome of the investigation was Goodyear X-Ray’s subsequent acquisition of an industrial discharge permit and cessation of the prohibited wastewater releases to the POTW.

GrimyTimes has learned that the EPA’s enforcement action serves as a reminder of the agency’s commitment to holding companies accountable for environmental crimes. The case underscores the importance of adhering to environmental regulations and obtaining the necessary permits before discharging industrial waste. The financial penalties levied against Goodyear X-Ray, while significant, are often viewed by environmental advocates as a necessary deterrent to prevent future violations.

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Key Facts

Defendant: Laclair Enterprises, Inc. dba Goodyear X-Ray
Location: Amherst, New York
Crime: Violating the Clean Water Act
Statute Violated: 33 U.S.C. 1319(c)(2)(a) – Knowingly violating CWA discharge regulations
Penalties: 24 months probation, $400 special assessment, $3,487 restitution to Amherst, $70,000 federal fine
Discharge Issue: Low pH (below 5.0) and silver-containing waste into the Amherst POTW system without a permit.

This case remains a cautionary tale for industrial facilities, highlighting the potential legal and financial ramifications of neglecting environmental compliance. The EPA continues to actively investigate and prosecute companies that prioritize profit over environmental protection.

Source: EPA ECHO Enforcement Case Database

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