Bozeman, MT – Two former operators of USA Brass, Inc., a now-defunct ammunition casing recycling company, faced federal sentencing in late 2018 following an investigation into illegal pollutant discharges into the City of Bozeman’s sewer system. The case, brought by the Environmental Protection Agency (EPA) and investigated by federal authorities, revealed a pattern of negligent waste management and deliberate misrepresentation regarding the company’s handling of hazardous materials.
Nolan Michael Schimpf and Zachary Daniel Flanagan were at the helm of USA Brass, which processed spent ammunition casings sourced from military bases, shooting ranges, and recycling centers. The process involved cleaning and polishing the brass using a water and vinegar solution within industrial cement mixers. While seemingly innocuous, this process created a highly toxic wastewater contaminated with lead – a known environmental and health hazard.
Investigators discovered that throughout the fall of 2013, USA Brass routinely drained this lead-contaminated wastewater into the city’s public wastewater treatment system. The wastewater, collected in approximately 300-gallon blue totes after the cleaning cycle, exceeded permissible pollutant levels under the Clean Water Act. Rather than properly treat or dispose of the hazardous waste, the company opted for the cheaper, and ultimately illegal, method of direct discharge.
The EPA’s investigation uncovered that Flanagan not only participated in the illegal discharges but also actively misled authorities about the nature and extent of the contamination. He pleaded guilty to making a false statement, a felony under 18 U.S.C. 1001(a)(2). Schimpf, meanwhile, admitted to the negligent discharge of pollutants, a misdemeanor violation of the Clean Water Act, 33 U.S.C. 1319(c)(1)(A).
Both men were sentenced on November 15th and 16th, 2018, respectively. Flanagan received five years of probation and a $50,000 fine. Schimpf faced the same penalties: five years of probation and a $50,000 fine. The sentences, while seemingly light, serve as a warning to other businesses about the serious consequences of environmental crimes and the importance of adhering to federal regulations.
The case highlights the ongoing challenges faced by municipalities in protecting their wastewater treatment infrastructure from illegal industrial discharges. Lead contamination poses a significant threat to public health and the environment, and the EPA continues to prioritize enforcement actions against those who prioritize profit over responsible waste management. The closure of USA Brass serves as a stark reminder that cutting corners on environmental compliance carries substantial legal and financial risks.
Key Facts
- Defendant: Nolan Schimpf & Zachary Flanagan
- Company: USA Brass, Inc.
- Location: Bozeman, Montana
- Year of Offense: 2013
- Statutes Violated: Clean Water Act (33 U.S.C. 1319(c)(1)(A)), Title 18 U.S. Criminal Code (18 U.S.C. 1001(a)(2))
- Penalties: Five years probation and $50,000 fine for both defendants.
- Crime: Illegal discharge of lead-contaminated wastewater and making false statements to authorities.
Source: EPA ECHO Enforcement Case Database
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