Lowell, MA – A decades-old case of industrial pollution has resurfaced, revealing a pattern of environmental violations committed by Astro Circuit Corporation and its leadership in 1989 and 1990. Robert McKiel, then-President of the electroplating facility, was among those convicted for illegally discharging toxic waste into Massachusetts waterways and failing to properly manage hazardous materials.
The investigation, conducted by the Environmental Protection Agency (EPA), uncovered that Astro Circuit routinely discharged wastewater containing dangerous levels of copper, lead, and nickel directly into River Meadow Brook, a tributary of the Concord and Merrimack Rivers. Additional contaminated wastewater was sent to the City of Lowell’s wastewater treatment plant, further impacting the Merrimack River ecosystem. These discharges occurred without the necessary National Pollutant Discharge Elimination System (NPDES) permits, violating federal clean water regulations.
A 52-count indictment in January 1989 detailed a web of offenses, implicating McKiel, Vice President Scott McKiel, Waste Treatment Consultant John Shepardson, and Chemical Process Engineering Manager David Boldt. The charges included willful and negligent discharge of pollutants, knowingly discharging pollutants without permits, violating pretreatment standards for wastewater sent to the public treatment works, and the improper storage of hazardous waste. Specifically, the company was found to have stored wastewater treatment sludges for over 90 days without the required permits or interim status.
The legal fallout began swiftly. Shepardson pleaded guilty to one count of violating the Clean Water Act (CWA) in May 1989, receiving a six-month probationary sentence and a $25 fine. Robert and Scott McKiel followed suit, entering guilty pleas to multiple CWA and Resource Conservation and Recovery Act (RCRA) violations. In June 1989, Robert McKiel was sentenced to 12 months incarceration (with 8 months suspended), 24 months probation, and a $600 fine. Scott McKiel received a nine-month sentence (with 6 months suspended), 24 months probation, and a $500 fine. A federal jury later convicted David Boldt in March 1990 on two counts of violating the CWA, resulting in a 48-hour jail sentence and a $100 fine.
The case highlights the importance of strict adherence to environmental regulations, particularly for industries handling hazardous materials. The violations by Astro Circuit not only threatened the health of the Merrimack River and its surrounding ecosystems but also demonstrated a disregard for public safety and the law. While the penalties handed down appear lenient by today’s standards, the convictions served as a warning to other industrial facilities about the consequences of environmental non-compliance.
Key Facts
- Defendant: Robert McKiel, Astro Circuit Corporation
- Location: Lowell, Massachusetts
- Year: 1990 (indictments filed 1989)
- Statutes Violated: 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1317(b), 33 U.S.C. 1346, 33 U.S.C. 1319(c)(2)(a), 42 U.S.C. 6928(d)(2)(A), 33 U.S.C. 1317(d), 42 U.S.C. 6925 (Clean Water Act, Resource Conservation and Recovery Act)
- Penalties: Robert McKiel – 12 months incarceration (8 suspended), 24 months probation, $600 fine. Scott McKiel – 9 months incarceration (6 suspended), 24 months probation, $500 fine. Shepardson – 6 months probation, $25 fine. Boldt – 48 hours incarceration, $100 fine.
- Contaminants: Copper, lead, and nickel discharged into River Meadow Brook and the Merrimack River.
GrimyTimes will continue to investigate and report on environmental crimes and hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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