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9/17/2025
WT Staff
Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@wtga.us
Sep 17, 2025 1123 am EDT
SDWA CrimeBox
Historic Conviction Fiscal Year 2012; Case ID# CR_2360(Pennsylvania)
Manufacturer dilutes wastewater samples to appear compliant with permit, sentenced six years later
The principal defendant in this case is a business corporation operating a manufacturing facility in Philadelphia, along with the facility's Director of Operations. The defendants were sentenced several years after the crime for which they were charged, the Federal District Judge handing down a lengthy period of probation for each, significant fines and community service. The defendants were ordered by the Court to establish a comprehensive environmental compliance plan with annual staff training, and made to place an ad in the paper, explaining the misdeed and resolution.
National and State-issued discharge permits set out the safe limits for pH and regulated toxic materials released to the waterways through the public sanitary sewer system. Compliance with discharge limits is expected from the producers of toxic materials. The public trusts permit-holders to uphold and honor the limits. Compliance with discharge permits is central to the protection of municipal workers, prevents damage to sewer lines and equipment. Toxics and pH levels unfit for treatment in the city sewer system are released to the waterways from which the next town or city draws its drinking water, killing fish and other aquatic creatures.
The principal defendant's facility manufactures oils and esters, generating wastewater with toxic properties. As per the defendant's discharge permit, produced toxics and pH are routinely monitored in the wastewater samples submitted for analysis. The EPA Criminal Investigation Division found evidence the defendants had tampered with the samples in 2006 and 2007. Clean water added to dilute the samples changed the concentration of ethylbenzene and neutralized the pH, suggesting the waste stream compliant for direct discharge to the public treatment works.
Ethylbenzene is an organic compound associated with petroleum products.
The International Agency for Research on Cancer (part of the World Health Organization) has determined on that long-term exposure to ethylbenzene may cause cancer in humans.
According to the Centers for Disease Control (CDC), ethylbenzene is a colorless liquid that smells like gas. Short term exposure can cause irritation to the throat, while exposure to low levels over a period of days or weeks can cause irreversible hearing damage in humans and animals. Exposure to relatively low concentrations of ethylbenzene for two years caused kidney, lung and liver tumors in rats and mice.
The defendants pled guilty to the Clean Water Act violation, making false statements. The corporation behind the manufacturing facility was sentenced to a $200,000 federal fine and 36 months probation. The company was sentenced to spend $25,000 on a community service project with the Philadelphia Water Department. An Environmental Compliance and Ethics Plan was ordered for the principal defendant, wherein the company agreed to "address and correct its environmental problems, to designate employees to be responsible for environmental issues and compliance ...and to annually train all of its employees on environmental compliance." The company was ordered to publish the criminal conviction details in the relevant trade journal and in the local newspaper. This served as an admission to the public that the trust had been broken. The company was to cite its illegal conduct, detail the conviction and sentencing, including procedure established to ensure such criminal acts would not recur. The judge required the defendant preach to other discharge permit holders in the industry and in the local area, in defence of clean water.
Federal Fines: $207,000; Community Service/Restitution: $25,000; Probation: 72 months; Environmental Compliance Plan; Publication of the crime and restorative steps taken
See last week's CrimeBox here, "Construction company and its owner fined $125,000 for asbestos release"
CrimeBox briefs are compiled from EPA Criminal Enforcement records.
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