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Marietta Industrial Enterprises, Inc., Clean Air Act Violation, Ohio 2023

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Marietta Industrial Enterprises, Inc. Ordered to Pay $55,000 for Violating Clean Air Act

COLUMBUS, OHIO — Marietta Industrial Enterprises, Inc. (MIE) has been ordered to pay a $37,500 fine and make a $12,500 community service payment to the Warren Township Fire Department for failing to report violations of the company’s permit in connection with its mineral processing operation.

Company president William Scott Elliott was sentenced to serve 48 consecutive hours in jail followed by five months and 28 days of home confinement with electronic monitoring. He was ordered to pay a $5,000 fine.

Elliott pleaded guilty to a misdemeanor charge of being an accessory after the fact for failing to notify Ohio Environmental Protection Agency of the violations.

In addition to the fine and community service, the company will perform 416 hours of community service (at least 208 of those hours must be performed by Elliott), serve three years of probation, conduct an environmental audit of their facilities and correct any deficiencies identified in that audit.

According to court documents, one of MIE’s manufacturing processes is crushing medium carbon ferromanganese alloy, referred to as medium carbon, in a mill line. Emissions from the mill lines are captured by equipment known as a baghouse using a large electric fan to ensure that air pollution from the facility is limited.

MIE’s permit calls for the company to disclose any instances that the baghouse has not operated properly in its quarterly and annual reports to Ohio EPA. Between 2006 and 2009, MIE never reported that the baghouse fans were turned off during the processing of medium carbon. From July 19, 2009, through August 10, 2010, Elliott, on behalf of MIE, submitted reports to Ohio EPA. None of the reports stated that the baghouse fans were turned off during the processing of medium carbon.

Defendant: Marietta Industrial Enterprises, Inc.

Criminal Charge: Misdemeanor charge of being an accessory after the fact for failing to notify Ohio Environmental Protection Agency of the violations.

City and State: Columbus, Ohio

Exact Date: Not specified

Sentence or Outcome: MIE was ordered to pay a $37,500 fine and make a $12,500 community service payment to the Warren Township Fire Department. Company president William Scott Elliott was sentenced to serve 48 consecutive hours in jail followed by five months and 28 days of home confinement with electronic monitoring. He was ordered to pay a $5,000 fine.

Dollar Amounts: $37,500 fine, $12,500 community service payment, $5,000 fine for Elliott.

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