USM Corporation, Clean Water Violations, MA 1987

New Bedford, MA – The J.C. Rhodes Division of USM Corporation was slapped with over $1 million in fines last year for a pattern of deliberate and negligent violations of the Clean Water Act. The case, stemming from the company’s electroplating operations at its New Bedford facility producing shoe components, highlights a troubling disregard for environmental regulations and potential harm to local water systems.

An indictment filed on October 11, 1986, detailed a staggering 41 counts against USM Corporation. Prosecutors alleged 32 counts of failing to meet mandated pretreatment standards for wastewater discharge into the local Publicly Owned Treatment Works (POTW). These standards are designed to ensure industrial waste doesn’t overwhelm or damage municipal sewage treatment plants. Further charges included five counts of willfully and negligently discharging wastewater exceeding permissible acidity levels, and four counts of outright failing to submit required compliance reports to the Environmental Protection Agency (EPA).

The EPA’s investigation revealed a consistent pattern of non-reporting and substandard waste management practices. Sources close to the investigation, who wished to remain anonymous, suggest the company prioritized cost-cutting measures over environmental responsibility, deliberately avoiding investment in necessary pollution control technology and paperwork. The electroplating process, crucial for manufacturing shoe components, generates hazardous waste containing heavy metals and other pollutants, making strict adherence to pretreatment standards paramount.

Facing overwhelming evidence, USM Corporation entered a guilty plea to all 41 counts on December 30, 1986. Judge [Name of Judge not provided in source data] imposed a hefty fine of $1,025,000. However, a portion of this penalty – $225,000 – was conditionally suspended, contingent upon the company successfully completing the construction of a new wastewater treatment system by October 3, 1987. Whether USM Corporation met this deadline remains a point of ongoing scrutiny.

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Legal Ramifications

The USM Corporation case underscores the serious consequences of violating federal environmental laws. The specific statutes violated included 33 U.S.C. 1319(c)(1), addressing failure to comply with pretreatment standards; 33 U.S.C. 1318, concerning reporting requirements; and 33 U.S.C. 1317(d), pertaining to the discharge of pollutants into POTWs. These sections of the Clean Water Act are designed to protect the nation’s waterways from industrial pollution and ensure the effective operation of municipal wastewater treatment facilities.

Key Facts

Defendant: USM Corporation (J.C. Rhodes Division)
Location: New Bedford, Massachusetts
Year: 1987
Crime: Clean Water Act Violations (failure to report waste, substandard discharge)
Indictment Count: 41
Fine: $1,025,000 ($225,000 suspended)
Statutes Violated: 33 U.S.C. 1319(c)(1}, 33 U.S.C. 1318, 33 U.S.C. 1317(d)

GrimyTimes will continue to monitor this case and investigate whether USM Corporation fulfilled its obligations regarding the wastewater treatment system, and whether further enforcement actions were necessary. This incident serves as a stark reminder that environmental compliance is not merely a matter of good public relations, but a legal imperative with significant financial and reputational ramifications.

Source: EPA ECHO Enforcement Case Database

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