Flint, MI – Robert J. Massey, president and owner of Oil Chem Inc., was sentenced to a year in prison and fined $5,000 for knowingly violating the Clean Water Act, a case that brought to light years of illegal dumping into the Flint, Michigan sewer system. The sentencing, handed down on May 14, 2021, concludes a case stemming from the deliberate and undisclosed discharge of over 47 million gallons of landfill leachate – a highly contaminated byproduct of trash decomposition – between January 2007 and October 2015.
Oil Chem, operating in Flint, held a permit allowing industrial wastewater discharge, but this permit specifically prohibited the acceptance and discharge of landfill leachate. According to court documents, Massey not only knowingly received leachate from eight different Michigan landfills but actively concealed this practice from the city of Flint. He failed to disclose the incoming waste stream in permit applications and neglected to inform authorities when the discharge began, a direct violation of established regulations.
The scheme involved directing Oil Chem employees to discharge the leachate overnight, exploiting the cover of darkness to avoid detection. This allowed the untreated waste to flow directly into the city’s sanitary sewer system, ultimately reaching the Flint River via the municipal wastewater treatment plant. Critically, the treatment plant’s discharge point was located downstream from the intake point used during the 2014-2015 Flint water crisis, raising concerns about potential exacerbation of existing contamination issues.
Investigators discovered that one of the landfills supplying Oil Chem with leachate contained polychlorinated biphenyls (PCBs), known hazardous substances with documented risks to human health and the environment. The introduction of PCBs into the wastewater stream posed an additional threat, compounding the dangers associated with the leachate itself. Massey signed the 2008 permit application, falsely certifying compliance when he knew full well Oil Chem was receiving and discharging prohibited waste.
Legal Ramifications
Massey pleaded guilty to violating 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act. This statute addresses the falsification of records and reporting requirements related to wastewater discharge permits. The penalty for such violations can include imprisonment, fines, and potential liability for environmental remediation costs. In this case, the court imposed a 12-month prison sentence and a $5,000 fine, demonstrating the seriousness with which federal authorities view intentional violations of environmental regulations.
Key Facts
- Defendant: Robert J. Massey, Oil Chem Inc.
- Location: Flint, Michigan
- Years of Violation: January 2007 – October 2015
- Illegally Discharged: 47,824,293 gallons of landfill leachate
- Statute Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
- Contaminants Present: Polychlorinated biphenyls (PCBs) found in leachate from one landfill.
- Penalty: 12 months imprisonment, $5,000 fine
This case underscores the importance of diligent monitoring and enforcement of environmental regulations, particularly in communities already burdened by environmental challenges. The deliberate concealment of illegal dumping activities not only jeopardized public health and the environment but also eroded trust in the regulatory system.
Source: EPA ECHO Enforcement Case Database
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