Benton Harbor, MI – Michael Molica, owner of Certified Metal Finishing (CMF), a plating company, was sentenced in May 2012 following a federal investigation into illegal hazardous waste practices. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate scheme to bypass environmental regulations and discharge dangerous pollutants into the local sewer system.
According to court documents, Molica directed CMF employees to illegally discharge untreated wastewater from plating processes directly into hidden drains within the facility. These drains circumvented the permitted wastewater treatment processes, allowing highly toxic substances – including zinc, nickel, and chrome – to flow unchecked into the Benton Harbor Wastewater Treatment Plant. Investigators discovered evidence of this practice during a facility inspection, noting telltale ribbed marks on the floor near a drain that corresponded with a nearby ribbed hose connected to a pump servicing waste collection pits.
The illicit discharges began to impact the wastewater treatment plant as early as December 2007, with unusually high levels of heavy metals detected. This prompted scrutiny of industrial users, eventually leading to an investigation of CMF. A subsequent search warrant execution in April 2008 uncovered further evidence of improper hazardous waste management, specifically the storage of waste exceeding the legally permitted 90-day limit. The EPA alleges Molica knowingly engaged in these practices to cut costs and avoid compliance with environmental regulations.
Legal Ramifications
Molica was formally charged on January 10, 2012, with one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. §6928(d)(2)(A). This statute prohibits the knowing treatment, storage, or disposal of hazardous waste without a proper permit. He ultimately pled guilty to the charge on May 24, 2012.
Sentencing and Penalties
The court imposed a six-month period of incarceration, followed by a 36-month probationary period. In addition to imprisonment, Molica was ordered to pay a $10,000 federal fine and $6,536 in restitution to cover the costs associated with the environmental damage caused by CMF’s actions. The case serves as a stark reminder of the serious consequences facing those who prioritize profit over environmental protection and public health.
Key Facts
- Defendant: Michael Molica, owner of Certified Metal Finishing (CMF)
- Location: Benton Harbor, Michigan
- Year: 2012
- Statute Violated: 42 U.S.C. §6928(d)(2)(A) – RCRA violation regarding hazardous waste
- Illegality: Illegal discharge of untreated plating wastewater and improper hazardous waste storage.
- Penalties: 6 months incarceration, 36 months probation, $10,000 fine, $6,536 restitution
- Evidence: Hidden drains, matching hose, high metal levels in wastewater, improper waste storage.
The EPA continues to pursue enforcement actions against companies and individuals who violate environmental laws, aiming to protect communities from the harmful effects of pollution and ensure responsible waste management practices.
Source: EPA ECHO Enforcement Case Database
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