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JANUARY 2009
Michigan wastewater treatment executives
guilty of illegal discharge
A federal jury in Detroit, Michigan,
has convicted three former managers
of Comprehensive Environmental Solutions,
Inc. (CESI), a company that operates
an industrial waste treatment and
disposal facility in Dearborn, Michigan,
following a jury trial before U.S.
District Judge Victoria A. Roberts.
Michael Panyard, of Pleasant Ridge,
Michigan, the former general manager
of the company, was convicted of
nine counts, including one conspiracy
count, two counts of violating the
Clean Water Act and six counts of
making false statements in connection
with illegal discharges of millions
of gallons of untreated liquid wastes
from the facility. Charles Long,
of Brownstown, Michigan, a former
plant manager, was convicted of conspiracy
and a Clean Water Act violation.
Bryan Mallindine, of Carlsbad, California,
the former chief executive officer,
was convicted of one count of negligently
bypassing the facility’s required
pretreatment system, a misdemeanor
violation of the Clean Water Act.
According to the evidence presented
during the trial, CESI had a permit
to treat liquid industrial waste
brought to the facility from throughout
the Midwest and Canada, through a
variety of processes, and then discharge
it into the Detroit sanitary sewer
system. The facility contained 12
large above-ground tanks capable
of holding more than 10 million gallons
of liquid industrial wastes.
During the period of January 2001
to June 2002, facility employees
routinely bypassed the facility’s
treatment system in order to discharge
untreated liquid wastes directly
into the sanitary sewer system. During
most of this time, the facility had
no operable equipment to treat incoming
liquid wastes and the 10 million
gallon tank farm was full, with virtually
no capacity to store additional liquid
wastes. Nonetheless, the facility
continued to accept more than 16
million gallons of liquid industrial
waste-streams for purported treatment
and disposal. Because the facility
had no space available for this additional
waste, nor equipment to treat it,
company employees discharged nearly
13 million gallons of untreated liquid
waste into the sanitary sewer in
violation of the Clean Water Act,
the facility’s permit and the consent
order under which the facility operated.
Evidence at trial further showed
that the defendants took steps to
conceal the lack of treatment from
customers and regulatory officials,
including Detroit Water and Sewerage
Department personnel, through false
statements and tampering with legally
required compliance samples.
An additional plant manager pleaded
guilty earlier this year to violating
the Clean Water Act and has not yet
been sentenced.
On September 4, 2008, CESI plead
guilty to related charges and agreed
to pay a fine of $600,000 plus an
additional $150,000 to fund a community
service project for the benefit,
preservation and restoration of the
environment and ecosystems in the
waters adjoining the Rouge River
and the Detroit River. In addition
to accepting responsibility for its
past misconduct, CESI, which is under
new management, has taken a number
of steps during the last several
years to install new equipment and
systems to treat liquid industrial
waste before it is discharged to
the sewer.
As a condition of probation, CESI
has agreed to abide by the terms
of a consent order with the Michigan
Department of Environmental Quality
for the cleanup of the facility,
at an estimated cost of about $1.5
million that includes the proper
disposal of the liquid waste previously
stored in the facility’s tank farm.
CESI has further agreed to develop,
adopt, implement and fund an environmental
management system/compliance plan
at its facility. This will include
an annual program to train employees
on environmental compliance and ethics,
to ensure that all CESI employees
understand the requirements imposed
by the facility’s discharge permit.
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