Binghamton, NY – Two project managers and the construction company they worked for have been sentenced for knowingly discharging concrete slurry into waterways and municipal sewage systems in violation of the Clean Water Act. The case, stemming from projects in Binghamton and Johnson City, New York, highlights a pattern of negligence and intentional pollution by Crane-Hogan Structural Systems, Inc. and its employees.
William Clements, 54, of Victor, NY, was sentenced to one year of probation and a $2,000 fine for his role in supervising the negligent discharge of concrete slurry during a hydro-demolition project at the Wilson Hospital Parking Garage between May and July 2009. The slurry, a byproduct of the demolition process containing concrete residue and high pH levels, was directed into a manhole leading to the Binghamton-Johnson City POTW (Publicly Owned Treatment Works).
Co-worker Mark Pullyblank, 54, of Caledonia, NY, received a harsher sentence – three years of probation, a $10,000 fine, and 120 hours of community service – for intentionally discharging concrete slurry from a separate hydro-demolition project at the Binghamton Governmental Center Parking Garage in August and September 2009. Pullyblank directed the waste into a sub-basement sump which ultimately flowed into the storm sewer system and the Susquehanna River. This discharge occurred without obtaining the necessary permits, a direct violation of federal law.
Corporate Accountability
Crane-Hogan Structural Systems, Inc. itself pleaded guilty to the charges and was sentenced to five years of probation and a substantial $500,000 criminal fine. As part of the sentencing, the company is mandated to develop and implement a comprehensive Environmental Compliance Plan (ECP) designed to prevent future violations. This ECP will be closely monitored by federal authorities.
Investigation and Prosecution
The investigation, conducted by the U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and the New York State Department of Environmental Conservation, revealed a systemic disregard for environmental regulations. Charges were initially filed on May 8, 2013, and both men entered guilty pleas on September 15, 2014. The sentences were handed down on August 4th and 5th, 2015.
Legal Ramifications
The defendants violated 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1319(c)(2) of the Clean Water Act, which prohibits the discharge of pollutants into navigable waters of the United States without a permit. The penalties reflect the seriousness of the offenses and serve as a deterrent to others who might consider flouting environmental laws. Federal officials emphasized that the illegal discharge of pollutants poses significant risks to both the environment and public health.
Key Facts
- Defendant(s): William Clements, Mark Pullyblank, Crane-Hogan Structural Systems, Inc.
- Location: Binghamton & Johnson City, New York
- Crime: Violations of the Clean Water Act through illegal discharge of concrete slurry.
- Penalties: Clements – 1 year probation, $2,000 fine. Pullyblank – 3 years probation, $10,000 fine, 120 hrs community service. Crane-Hogan – 5 years probation, $500,000 fine, mandatory ECP.
- Statutes Violated: 33 U.S.C. 1319(c)(2)(A), 33 U.S.C. 1319(c)(2)
- Investigating Agencies: U.S. EPA Criminal Investigation Division, NYS DEC Bureau of Environmental Crimes Investigation
“America’s communities deserve clean water,” stated Vernesa Jones-Allen, Special Agent in Charge of EPA’s criminal enforcement program in New York. “Protecting communities means holding violators accountable.”
Source: EPA ECHO Enforcement Case Database
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