McWane, Inc., Water Pollution, AL 2006

Birmingham, AL – McWane, Inc., a Delaware-based iron foundry corporation, has been slapped with a hefty penalty following a protracted legal battle with the Environmental Protection Agency (EPA). The case, stemming from illegal discharges of industrial wastewater into Avondal Creek, culminated in a 2006 sentencing that included millions in fines and mandated community service. The investigation revealed a systemic effort to bypass environmental regulations and deceive authorities.

According to court documents, McWane, Inc. knowingly discharged pollutants through storm drains, directly contravening the terms of its Clean Water Act permit. This wasn’t an isolated incident, but rather a pattern of disregard for environmental protections at its Birmingham facility. The EPA’s criminal enforcement action targeted not only the corporation itself but also key personnel responsible for overseeing environmental compliance.

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Executive Involvement

The investigation extended beyond the corporation to include three individuals: former Vice President and General Manager of McWane Cast Iron Pipe Company, Delk; Vice President for Environmental Affairs, Robinson; and former plant manager, Devine. All were implicated in a conspiracy to conceal the illegal discharges and mislead regulators. Evidence presented at trial demonstrated that these executives were aware of the violations and actively participated in covering them up.

Convictions and Sentencing

In May 2005, Robinson was convicted on all 23 counts levied against him. Delk, Devine, and McWane itself were convicted on 20 of the 23 charges. The sentences handed down in December 2005 reflected the severity of the offenses. McWane, Inc. received 60 months of probation, a criminal fine of $5 million, and was ordered to contribute $2.7 million towards environmental community service projects, along with an $8,000 special assessment. Delk faced 36 months probation, with six months served under home detention, a $90,000 fine, and a $1,900 special assessment. Devine received 24 months probation, including three months of home detention, a $35,000 fine, and an $800 special assessment. Robinson was sentenced to 24 months probation and a $2,500 fine.

Legal Violations

The charges stemmed from violations of several key federal statutes. Specifically, the defendants were found guilty of conspiracy in violation of 18 U.S.C. § 371, illegal discharge of pollutants in violation of 33 U.S.C. § 1311(a) & 33 U.S.C. § 1319(c)(1)(A) of the Clean Water Act, and making false statements to federal investigators in violation of 18 U.S.C. § 1001. The case underscores the EPA’s commitment to pursuing criminal penalties against companies and individuals who prioritize profit over environmental protection and public health.

Key Facts

Defendant: McWane, Inc., Delk, Robinson, Devine
Location: Birmingham, Alabama
Crime: Illegal discharge of industrial wastewater, conspiracy, false statements
Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A), 18 U.S.C. 1001, 18 U.S.C. 371
Penalties: $5 million criminal fine for McWane, Inc.; individual fines and probation for Delk, Robinson, and Devine; $2.7 million in community service
Date of Sentencing: December 5, 2005

GrimyTimes will continue to follow this case and report on any further developments regarding McWane, Inc.’s compliance with environmental regulations.

Source: EPA ECHO Enforcement Case Database

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