WEBSTER, NY – A Webster-based metal finishing company and its former general manager have been sentenced for illegally discharging industrial wastewater into the municipal sewer system, ultimately impacting Lake Ontario. Maracle Industrial Finishing and John Maltese were convicted of violating the Clean Water Act (CWA) after a multi-agency investigation revealed a pattern of knowingly circumventing environmental regulations.
According to court documents and statements from the U.S. Attorney’s Office, Maracle Industrial Finishing, located at 39 Commercial Street, operated under a “Zero Discharge Permit” issued by the Town of Webster in 2010. This permit strictly prohibited the release of any process wastewater – runoff from the company’s metal treatment and powder coating operations – into the sewer system. Only sanitary waste was permitted. However, investigators discovered repeated violations of this permit, with process wastewater containing hazardous chemicals being illegally dumped.
The investigation, spearheaded by the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), the New York State Department of Environmental Conservation (DEC), and the Village of Webster Department of Public Works, began in late 2011 after water samples taken from the sewer line outside Maracle’s facility tested positive for a range of industrial pollutants. Notably, the wastewater exhibited a dangerously low flashpoint of 40.3 degrees Celsius, well below the 60-degree threshold accepted by the Village of Webster’s POTW due to the risk of explosion or fire.
Witness testimony and on-site observations revealed that General Manager John Maltese directed employees to activate discharge pumps, knowingly releasing the contaminated wastewater from a holding pit directly into the sewer system, despite repeatedly denying any wrongdoing to investigators. Dye testing confirmed the direct connection between the holding pit and the illegal discharge. A federal search warrant executed in March 2012 yielded further evidence, including samples from the dipping tanks, holding pit, and paint area, solidifying the case against the company and its manager.
Sentencing and Penalties
On June 3, 2013, Maracle Industrial Finishing pled guilty to violating the Clean Water Act. The following day, John Maltese also entered a guilty plea. On September 10, 2013, Maltese was sentenced to 36 months of probation, a $4,000 federal fine, and 80 hours of community service. Maracle Finishing received a sentence of 36 months probation and was ordered to pay a $10,000 fine. Additionally, Thomas Maracle, President of Maracle Finishing, was mandated to establish a comprehensive environmental compliance program, including employee training on the Clean Water Act, and will be held responsible for ensuring ongoing adherence to the plan.
Key Facts
- Defendant: Maracle Industrial Finishing & John Maltese
- Location: Webster, New York
- Crime: Violation of the Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A))
- Wastewater Discharge: Illegal discharge of process wastewater containing phosphorus and chromium.
- Zero Discharge Permit: Company operated under a permit prohibiting process wastewater discharge.
- Hazardous Condition: Wastewater exhibited a low flashpoint, posing an explosion risk.
- Penalties: Maltese – 36 months probation, $4,000 fine, 80 hrs community service. Maracle Finishing – 36 months probation, $10,000 fine, environmental compliance program.
“These crimes could have been avoided had the defendant not attempted to cut corners,” stated U.S. Attorney William J. Hochul, Jr. “This office will continue to utilize the federal environmental laws to protect the community and prevent individuals or companies from putting profit ahead of people.” The case underscores the importance of environmental compliance and the potential consequences of prioritizing financial gain over public health and environmental safety.
Source: EPA ECHO Enforcement Case Database
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