Greeley, CO – A former minority owner of Florida CirTech, Inc. (FCT) has been sentenced for knowingly violating the Clean Water Act, alongside penalties levied against the chemical blending company itself. The case, investigated by the Environmental Protection Agency (EPA) and the Colorado Attorney General’s Office, reveals a pattern of negligent and illegal waste disposal stretching back over a decade.
FCT, which manufactures chemical products for the electronic circuit board industry at its Greeley facility, routinely discharged prohibited materials into the public sanitary sewer system between February 2000 and September 2013. These materials included failed quality control chemicals, defective returned products, and expired stock. Critically, at least one discharge contained hazardous waste. The company’s actions directly violated the terms of its discharge permit, exceeding allowable limits for heavy metals and pH levels.
William Plano, responsible for FCT’s compliance with Greeley’s wastewater pretreatment program, pleaded guilty to two misdemeanor violations of the Clean Water Act. Court documents show Plano was aware of the improper disposal practices and failed to ensure the company adhered to environmental regulations. The motivation, authorities say, was purely financial; illegally dumping the waste saved FCT the cost of proper disposal by a third-party waste management service.
Systemic Failures and Neglect
The investigation revealed more than just illegal dumping. FCT also neglected to properly maintain its wastewater treatment unit and provide adequate employee training on compliance procedures. This resulted in periods where the treatment system was inoperable, allowing untreated, contaminated wastewater to flow directly into the sewer system. The City of Greeley’s wastewater treatment facility was put at risk due to these actions, potentially causing damage to expensive equipment and hindering its ability to effectively treat wastewater.
Legal Consequences and Penalties
On April 25, 2016, FCT pleaded guilty to four misdemeanor violations of the Clean Water Act (33 U.S.C 1319(c)(1)(A)). Magistrate Watanabe sentenced the company to pay $80,000 in fines – $30,000 to the United States and $30,000 to the Greeley Water Pollution Control Facility – and a $20,000 community service payment to the Poudre River Trail Corridor. FCT was also placed on two years of probation and required to establish a comprehensive environmental compliance plan for its Greeley facility. Plano was sentenced on July 26, 2016, to a $5,000 fine and 24 months of probation.
U.S. Attorney and EPA Statements
“This case is about years of ongoing, stubborn disregard of basic permit requirements that help protect the environment,” stated U.S. Attorney John Walsh. “Both individuals and corporations have a responsibility to know and comply with environmental laws and regulations, and when they don’t, they will be held accountable for the damage they do.” Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in Colorado, added, “Sanitary sewer systems are not designed to handle this type of industrial waste… Those who treat environmental laws and permit compliance with contempt can expect to face prosecution.”
Key Facts
- Defendant: William Plano and Florida CirTech, Inc.
- Location: Greeley, Colorado
- Crime: Violations of the Clean Water Act (33 U.S.C 1319(c)(1)(A))
- Timeline: Illegal dumping occurred from February 2000 to September 2013. Sentencing completed by July 26, 2016.
- Penalties: FCT – $80,000 in fines, 2 years probation, environmental compliance plan. Plano – $5,000 fine, 24 months probation.
- Waste: Illegal discharges included failed chemicals, defective products, expired materials, and *at least one* hazardous waste discharge.
- Motivation: Cost savings by avoiding proper waste disposal procedures.
Source: EPA ECHO Enforcement Case Database
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