Metalite Corporation, Clean Water Act Violation, Indiana 2001

New Albany, Indiana – Metalite Corporation, along with its top executives, faced federal charges and penalties in 2001 for illegally discharging highly acidic wastewater into waterways connected to the Ohio River. The case, stemming from a probe into the company’s manufacturing practices, highlights the potential environmental damage caused by improper industrial waste disposal and the EPA’s commitment to enforcing environmental regulations.

Metalite, a New Albany-based manufacturer of aluminum lighting fixtures, utilizes an anodizing process that involves the use of zinc, copper, and other metals, alongside strong acids like phosphoric, nitric, and sulfuric acid. Investigators discovered the company was routing its wastewater through a storm drain, which directly connected to a surface channel leading to the Ohio River. This practice bypassed standard wastewater treatment protocols and introduced harmful pollutants into the aquatic environment.

The Environmental Protection Agency (EPA) initiated an investigation following reports of potential water contamination. The highly acidic discharge posed a significant threat to local fish populations and other wildlife relying on the Ohio River for sustenance. The unregulated discharge violated the Clean Water Act, specifically 33 U.S.C. 1319(c)(2)(A), which prohibits the discharge of pollutants from a point source without a permit.

An indictment was filed on July 14, 1999, charging Metalite Corporation, President Marvin Friedman, and Vice-President Wayne Friedman with violations of the Clean Water Act. After a period of legal proceedings, Metalite Corporation entered a guilty plea to two counts of violating the CWA on October 24, 2000. Both Marvin and Wayne Friedman each pled guilty to one count of the same violation.

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Sentencing and Penalties

On February 20, 2001, the court handed down its sentences. Metalite Corporation was sentenced to 36 months of probation, a $400 special assessment fee, and ordered to pay $20,000 in restitution to the Indiana Department of Natural Resources’ Wildlife Damage Fund. The company was also slapped with a substantial $300,000 federal fine, plus an additional $5,000 payable to the City of New Albany. Wayne Friedman received 36 months probation, a $25 special assessment, and a $10,000 federal fine. Marvin Friedman faced the same probationary period and assessment, but was ordered to pay a $15,000 federal fine.

Key Facts

Defendant: Metalite Corporation, Marvin Friedman, Wayne Friedman
Crime: Illegal discharge of pollutants into waterways in violation of the Clean Water Act
Location: New Albany, Indiana
Year: 2001
Statute Violated: 33 U.S.C. 1319(c)(2)(A)
Penalties: Metalite – 36 months probation, $400 assessment, $20k restitution, $305k fines. Wayne Friedman – 36 months probation, $25 assessment, $10k fine. Marvin Friedman – 36 months probation, $50 assessment, $15k fine.
Pollutants: Acidic wastewater containing zinc, copper, phosphoric acid, nitric acid, and sulfuric acid.

This case serves as a stark reminder of the environmental consequences of industrial negligence and the importance of adhering to environmental regulations. The EPA continues to actively investigate and prosecute companies and individuals who prioritize profit over environmental protection, ensuring accountability for those who endanger our natural resources.

Source: EPA ECHO Enforcement Case Database

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