Los Angeles, CA – The owner and operator of Southwest Plating Company, an electroplating facility, has been sentenced following a federal investigation into illegal hazardous waste disposal and water pollution. The case, brought by the Environmental Protection Agency (EPA), highlights the dangers of improper handling of toxic materials within industrial processes and the consequences for those who prioritize profit over environmental and public safety.
According to court documents, Southwest Plating, under the direction of its owner, Brigantino, knowingly discharged plating wastes into publicly owned treatment works (POTWs). These wastes consistently violated local pretreatment standards and contained dangerous levels of cyanide – a highly toxic substance – despite federal approval processes being in place. The illegal discharges posed a significant threat to the POTWs’ ability to effectively treat wastewater and potentially impacted the surrounding environment and public health.
Timeline of Events
The investigation gained momentum in April 2007 when Brigantino and Southwest Plating were formally charged. The company faced one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), which prohibits knowingly treating, storing, or disposing of hazardous waste without a permit. Simultaneously, Brigantino was charged with one count of violating the Clean Water Act (CWA), 33 U.S.C. 1319(c)(2)(A), for knowingly violating water pollution control regulations. Both pled guilty to the charges.
The EPA’s investigation revealed a pattern of deliberate disregard for environmental regulations. Instead of investing in proper waste management and treatment systems, Southwest Plating allegedly opted to illegally discharge the toxic waste, circumventing established protocols designed to protect the community. This behavior demonstrates a clear intent to cut costs at the expense of environmental compliance.
Sentencing and Restitution
On May 19, 2008, Brigantino received a sentence of five months incarceration, followed by five months of home detention and a 12-month probationary period. He was also ordered to pay a $30,000 fine, a $100 special assessment, and $30,324.69 in restitution. Southwest Plating Company was sentenced to 36 months of probation and a hefty $150,000 fine. The company was also held jointly liable for the restitution payments, which were directed towards the Los Angeles County Bureau of Sanitation and the California Department of Toxic Substance Control to cover response and sampling costs related to the contamination.
This case serves as a stark reminder to industrial facilities that environmental regulations are not merely suggestions, but legally binding requirements. The EPA continues to aggressively pursue enforcement actions against companies and individuals who knowingly endanger public health and the environment through illegal pollution practices. The financial penalties and imprisonment handed down in this case signal a firm stance against such behavior.
Key Facts
- Defendant: Southwest Plating Company and Brigantino
- Location: Los Angeles, California
- Years Active: 2007-2008
- Statutes Violated: Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A)), Clean Water Act (33 U.S.C. 1319(c)(2)(A))
- Penalties: $180,100 in fines (combined), $30,324.69 in restitution, 5 months incarceration + 5 months home detention + 12 months probation for owner, 36 months probation for company
- Crime: Illegal discharge of hazardous waste containing cyanide into publicly owned treatment works.
Source: EPA ECHO Enforcement Case Database
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