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Toledo Facility, LLC, Negligent Violation of Clean Water Act, Ohio 2012

Walbridge, Ohio – Toledo Facility, LLC, a tank cleaning operation, was sentenced last year for a negligent violation of the Clean Water Act stemming from a 2006 incident, according to federal court records. The case, investigated by the Environmental Protection Agency (EPA), highlights potential risks associated with industrial wastewater management and the importance of adherence to environmental regulations.

The facility, previously operated as PSC Container Services, specializes in cleaning tanker trucks carrying residual industrial waste, including hazardous materials like hydrochloric acid. The cleaning process generates substantial wastewater, which Toledo Facility was required to pretreat before discharging it into the municipal sewer system. This pretreatment was designed to neutralize pollutants and maintain an acceptable pH level, protecting the city’s wastewater treatment infrastructure and the environment.

On July 14, 2006, while cleaning a tanker containing hydrochloric acid, the facility experienced an operational upset. Rather than following established protocol and immediately notifying the City of Toledo, employees allegedly bypassed the pretreatment system and discharged approximately 3,000 gallons of untreated wastewater directly into the sewer system. This discharge exceeded allowable pH limits, potentially causing damage to the city’s infrastructure and posing an environmental risk.

Federal prosecutors alleged that the override of the pretreatment system and failure to notify authorities constituted a negligent violation of the Clean Water Act. The EPA’s criminal enforcement division brought charges against Toledo Facility on September 30, 2011. The company ultimately pled guilty on October 25, 2011, to one count of violating 33 U.S.C. 1319(c)(1)(A), which addresses negligent violations of the Clean Water Act.

The sentencing, finalized in 2012, included a $112,500 federal fine. Additionally, Toledo Facility was ordered to pay $37,500 to the Ohio EPA, Division of Surface Water, for a community service project aimed at environmental remediation and protection. The case also included a violation of 18 U.S.C. 1001, relating to false statements made during the investigation, though specific details regarding this charge remain limited in publicly available records.

This case serves as a stark reminder that industrial facilities have a legal and ethical obligation to manage their wastewater responsibly. The EPA continues to prioritize enforcement actions against those who jeopardize public health and the environment through negligent practices. The incident underscores the critical role of pretreatment systems and the importance of timely communication with local authorities in the event of an operational upset.

Key Facts

  • Defendant: Toledo Facility, LLC
  • Location: Walbridge, Ohio
  • Crime: Negligent violation of the Clean Water Act (33 U.S.C. 1319(c)(1)(A)) and 18 U.S.C. 1001
  • Incident Date: July 14, 2006
  • Discharge Amount: Approximately 3,000 gallons of untreated wastewater
  • Penalties: $112,500 federal fine & $37,500 community service payment to Ohio EPA
  • Guilty Plea Date: October 25, 2011

Source: EPA ECHO Enforcement Case Database

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