Blades, DE – Patrick Procino, 66, of Laurel, Delaware, has been sentenced following a federal investigation into environmental violations at his now-defunct electroplating facility, Procino Plating, Inc. The case, brought by the U.S. Attorney’s Office for the District of Delaware and investigated by the Environmental Protection Agency (EPA), revealed years of disregard for both hazardous waste regulations and clean water standards.
Procino was sentenced on February 27, 2014, by U.S. District Court Judge Richard G. Andrews to one year of probation and a $50,000 fine for illegally storing hazardous waste without a permit. Additionally, Procino Plating, Inc. itself pleaded guilty to violating the Clean Water Act and received five years’ probation. The investigation uncovered that despite claiming to have ceased electroplating operations, the facility continued to process and discharge wastewater contaminated with chemicals leftover from the process.
According to court documents, between December 2007 and May 2010, Procino knowingly stored approximately 450 gallons of highly corrosive liquid hazardous waste – a byproduct of the chrome plating line – without the required permits. The waste had a pH of 0.8, classifying it as a dangerous corrosive substance under the Resource Conservation and Recovery Act (RCRA). This blatant disregard for RCRA regulations put both human health and the environment at risk.
The violations extended to the Clean Water Act as well. Sussex County modified Procino Plating’s wastewater discharge permit in June 2009 to explicitly prohibit the discharge of any waste generated from electroplating. However, Procino Plating continued to process stored chemicals and illegally discharge the resulting wastewater into the Seaford, Delaware treatment plant, which ultimately flows into the Nanticoke River. This deception allowed the company to circumvent environmental safeguards and potentially contaminate the waterway.
Federal authorities emphasized the severity of the crimes. U.S. Attorney Charles M. Oberly, III stated that “environmental crimes endanger the welfare of our citizens and natural resources, and where appropriate will be prosecuted.” David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program, added that Procino’s actions demonstrated a “contempt” for environmental laws, and underscored the agency’s commitment to vigorous investigation and prosecution.
Key Facts
- Defendant: Patrick Procino & Procino Plating, Inc.
- Location: Blades, Delaware
- Statutes Violated: Clean Water Act (33 U.S.C. 1319(c)(2)(A)), Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A))
- Hazardous Waste: Approximately 450 gallons of corrosive liquid waste stored without a permit.
- Clean Water Act Violation: Illegal discharge of electroplating wastewater after a permit modification prohibited such discharges.
- Penalties: Patrick Procino – 1 year probation, $50,000 fine. Procino Plating, Inc. – 5 years probation.
The successful prosecution of this case was a collaborative effort between the EPA, the Delaware Department of Natural Resources and Environmental Control (DNREC), and the U.S. Attorney’s Office. DNREC Secretary Collin O’Mara highlighted the importance of businesses complying with environmental standards and praised the partnership that led to Procino’s sentencing. The case serves as a stark reminder that intentional violations of environmental regulations will not be tolerated.
Source: EPA ECHO Enforcement Case Database
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