Prosecution and Conviction
On 18 September 1996, an enforcement officer for the Illinois Environmental Protection Agency (IEPA) discovered a hidden pipe, discharging toxic waste from the refinery into Long Lake, a tributary of the Mississippi River.
Investigations showed that the secret pipe had been active for ten years. A large area of wetland was contaminated with zinc oxide, lead, cadmium and other pollutants at several times the threshold for a public health hazard. Visible evidence of contamination extended five feet down into the bed of Long Lake on property owned by Chemetco.
During Grand Jury testimony, one witness estimated that the plant discharged waste through the pipe for 330 days out of 365. Thirteen employees testified to using the pipe to discharge contaminated water.
Additionally, Chemetco discharged contaminated storm water every time it rained on the plant. A pump was automatically triggered, discharging pollutant-laden storm water through the secret pipe. The prosecution calculated that this automatic process had occurred 948 times over a ten-year period. It was also calculated that even if only 0.01 inches (0.25 mm) of rain fell, 1620 gallons of water would gather into a collection basin. From there, this large volume of contaminated water would be pumped into Long Lake.
Chemetco hampered the investigation of its illegal activity by making materially false statements. Before sentencing, the court described Chemetco's conduct as "willful and egregious".
On 12 December 2008, Denis L. Feron, the former president of Chemetco, was placed on the federal EPA's 'most wanted' list. He had fled the USA before trial. Eventually, he paid a half-million dollars in restitution and all charges were dropped against him.
Read more about this topic: Chemetco
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