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Jon Maltese, Clean Water Act Violation, New York 2010

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ROCHESTER, N.Y.–In a move that has raised eyebrows, General Manager Jon Maltese, 60, of Canandaigua, N.Y., was sentenced to three years probation and ordered to pay a $4,000 fine for violating the Clean Water Act.

Maltese, who works for Maracle Industrial Finishing, located at 39 Commercial Street, Webster N.Y., was also ordered to complete 80 hours of community service. His company was given three years probation and a $10,000 fine.

The charges stem from Maracle Industrial Finishing’s repeated discharge of process wastewater into the sewer system from the facility, violating a Zero Discharge Permit issued by the Town of Webster in January 2010. The permit allowed the company to only discharge sanitary waste, such as water from sinks, toilets, and showers.

Water samples taken from the facility in late 2011 tested positive for a wide array of process wastewater, including volatile and semi-volatile organics. Lab analysis of the wastewater showed a 40.3 degree Celsius flashpoint, which is below the 60 degree Celsius limit set by the Village of Webster Publicly Owned Treatment Works (POTW) due to the increased risk of explosion or fire.

Inspectors from the Environmental Protection Agency-Criminal Investigation Division and the New York State Department of Environmental Conservation visited the facility on several occasions, observing process wastewater being discharged into the POTW system. General Manager Maltese consistently denied any wrongdoing, despite evidence to the contrary.

Maracle Industrial Finishing’s President, Thomas Maracle, was also ordered to establish a company-wide environmental compliance program, including training employees on the Clean Water Act. He and his successors will be responsible for ensuring the company remains in compliance with the plan.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Maracle Industrial Finishing operates out of an industrial building in Webster, which has an area with dipping tanks and a painting area. The dipping tanks are filled with various chemical solutions and parts are dipped into each one in sequence, before being rinsed with cleaning agents and discharged into the sewer system.

The company’s actions have raised concerns about the impact on Lake Ontario, a navigable waterway of the United States. The case serves as a reminder of the importance of environmental regulations and the consequences of violating them.

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