New Age Metal Finishing and James Roby of Fresno, Calif., and Michael Zalenski of
Clovis, Calif., were indicted on March 29 on charges that they violated the Clean Water
Act. The indictment alleges that the defendants directed some of their employees to return
to the New Age facility when it was closed for business and then illegally discharge
corrosive and toxic wastes containing copper, nickel, zinc and chromium into sewers that
emptied into the Fresno public wastewater treatment facility. Illegal discharging of
plating wastes into city sewers can prevent proper sewage treatment at treatment plants
and can damage sewage treatment equipment. If convicted, Zalenski and Roby each face a
maximum sentence of up to three years in prison and/or up to $250,000 in fines on each
count, while the company faces a maximum sentence of up to $500,000 per count. The case
was investigated by EPA's Criminal Investigation Division and the Criminal Investigation
Branch of the California Department of Toxic Substances Control with the assistance of
EPA's National Enforcement Investigations Center. It is being prosecuted by the U.S.
Attorney's Office in Fresno, Calif. An indictment is merely and allegation and all
defendants are presumed innocent unless or until proven guilty in a court of law. |