Syracuse, NY – Candle manufacturer Will & Baumer, Inc., along with three of its executives, faced federal charges in 1986 for a systematic discharge of hazardous pollutants into Ley Creek near Onondaga Lake. The case, brought by the Environmental Protection Agency (EPA), revealed a pattern of illegal dumping and failure to report releases, highlighting a disregard for both environmental regulations and public safety. The incident underscores the ongoing struggle to balance industrial production with environmental protection in the historically polluted region surrounding Onondaga Lake.
According to court documents, the company knowingly released a cocktail of dangerous substances – including phosphoric acid, arsenic, lead, chromium, phosphorus, nickel, and manganese – directly into a ditch and stream that fed into Ley Creek. Critically, these discharges occurred *without* any notification to the National Response Center, a key component of emergency environmental reporting protocols. This failure to report constituted a separate violation of federal law, compounding the initial offense.
Executive Involvement
The EPA’s investigation extended beyond the corporation itself, targeting key personnel responsible for overseeing operations. Executive Vice President Harold Nybo, Vice President of Manufacturing Robert Kiesinger, and Plant Maintenance Engineer David Simmons were all indicted on multiple counts relating to the illegal discharges and reporting failures. Prosecutors alleged a deliberate effort to circumvent environmental safeguards, prioritizing cost-cutting measures over responsible waste management. The indictment detailed a clear chain of responsibility, linking the executives to the decision-making process that led to the pollution.
Legal Violations and Penalties
The charges leveled against Will & Baumer, Inc. and its executives were extensive, spanning multiple federal statutes. The company was found guilty of violating the Clean Water Act [33 U.S.C. 301(a) and 309(c)(1)], the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9603(b)], and the Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6928(d)(2)]. Additionally, the company faced a charge of conspiracy [18 U.S.C. 371] to commit these violations. Nybo and Kiesinger were also charged with violations of 33 U.S.C. 1311(a) and 1319(c)(1) related to unlawful discharges.
Sentencing and Aftermath
In June 1986, all defendants pleaded guilty to the charges. Sentencing varied based on individual roles within the company. Harold Nybo received a 12-month suspended jail sentence, 24 months of probation, a $24,000 fine, and was ordered to perform 400 hours of community service. Robert Kiesinger received a three-month suspended sentence, 24 months of probation, a $12,000 fine, and 200 hours of community service. David Simmons received a three-month suspended sentence, 24 months of probation, a $5,000 fine plus a $25 special assessment, and 100 hours of community service. Will & Baumer, Inc. was fined $360,000, with $300,000 stayed, and placed on 36 months of probation, with the strict condition that the company commit no further violations of environmental laws. The case serves as a stark reminder of the potential consequences for environmental crimes and the importance of corporate accountability.
Key Facts
- Defendant: Will & Baumer, Inc.
- Location: Near Onondaga Lake, New York
- Pollutants Discharged: Phosphoric acid, arsenic, lead, chromium, phosphorus, nickel, and manganese
- Violated Laws: Clean Water Act, CERCLA, RCRA, Conspiracy
- Penalties: Combined fines totaling $372,225 and suspended jail sentences with probation and community service.
- Failure to Report: The company failed to notify the National Response Center of the hazardous substance release.
Source: EPA ECHO Enforcement Case Database
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