Sevierville, TN – Moore McMillen Industries, Inc. (MMI) and its president have been sentenced following a guilty plea to charges stemming from illegal pollutant discharge into the Little Pigeon River. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate scheme to conceal the use of cyanide in the company’s metal treatment process, ultimately jeopardizing public health and the environment.
MMI, which specialized in chemically treating metal items for corrosion resistance, generated a solid sludge as a byproduct. Employees were directed to break up this sludge on the pavement and deposit it into a rolloff container. Crucially, the company misrepresented to authorities that it did *not* use cyanide in its processes, a claim that allowed them to dispose of the sludge in a standard solid waste landfill. However, evidence presented during the investigation demonstrated that Moore, the company president, authorized the purchase and addition of cyanide compounds to the chemical baths.
The deception didn’t end there. Employees routinely rinsed residual sludge into a drainage ditch that flowed directly into the Little Pigeon River. Testing confirmed the presence of both chromium and cyanide in both the sludge and the water within the ditch. Additionally, corrosive liquid leaked from the rolloff container, further contaminating the surrounding area. The EPA’s investigation uncovered a pattern of negligent disregard for environmental regulations and a calculated effort to avoid proper handling and disposal of hazardous waste.
Legal Ramifications
On December 10, 2002, the defendants were formally charged with violating the Clean Water Act (CWA). Specifically, they were accused of discharging pollutants without a permit, a violation of 33 U.S.C. 1311(a), and negligent violation of 33 U.S.C. 1319(c)(1). Aiding and abetting the violations, in violation of 18 U.S.C. 2, was also included in the charges. The deliberate misrepresentation regarding cyanide use significantly heightened the severity of the offense.
Sentencing and Remediation
On January 9, 2003, Moore pled guilty and received a $25 special assessment and a $50,000 federal fine. MMI also pled guilty and was ordered to pay $125 in special assessments and a substantial $200,000 in restitution. Of that restitution, $100,000 was directed to the City of Sevierville Water Systems Environmental Monitoring and Special Projects Fund, and another $100,000 went to the TVA Police. Beyond the financial penalties, MMI was compelled to overhaul its processes to achieve full compliance with environmental regulations, incurring an estimated cost of approximately $384,500.
Key Facts
- Defendant: Moore McMillen Industries, Inc.
- Location: Sevierville, Tennessee
- Crime: Illegal discharge of pollutants (chromium and cyanide) into the Little Pigeon River.
- Deception: MMI falsely claimed no use of cyanide to avoid hazardous waste regulations.
- Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1), 18 U.S.C. 2
- Penalties: $50,000 fine for Moore, $200,000 restitution for MMI, and $384,500 in process improvements.
This case serves as a stark reminder of the importance of environmental compliance and the severe consequences faced by companies that prioritize profit over responsible waste management. The EPA continues to investigate and prosecute similar violations to protect our nation’s waterways and public health.
Source: EPA ECHO Enforcement Case Database
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