Released on December 18, 2009

McWane Inc., Brimingham, Ala., pleaded guilty in federal district court to environmental crimes and was sentenced to pay a criminal fine of $4 million and serve a five-year term of probation, according to the U.S. Department of Justice (DOJ).

McWane pleaded guilty to nine felony counts of knowingly violating the Clean Water Act at its Birmingham facility, McWane Cast Iron Pipe Co. James Delk, the former general manager and vice president of the plant, pleaded guilty to eight counts of negligently violating the act and former plant manager Michael Devine pleaded guilty to five counts of negligently violating the law.

As a condition of probation, McWane must perform a community service project. Delk was sentenced to pay an $8,000 criminal fine and serve 36 months of probation. Devine was sentenced to pay a $2,000 criminal fine and serve 24 months probation. The company also was forced to install equipment to reduce its environmental impact.

“This conviction holds McWane and two of its plant managers accountable for criminal conduct, which polluted Alabama waters,” said Joyce White Vance, U.S. Attorney for the Northern District of Alabama. “McWane has now put in place equipment and procedures designed to prevent this type of wastewater discharge from occurring again.”

According to DOJ, wastewater generated in the manufacturing process contains several contaminants, including oil, grease and zinc. Under the Clean Water Act, McWane was subject to a National Discharge Pollutant Elimination System (NDPES) permit that required it to treat its wastewater before discharging it into Avondale Creek, a waterway immediately adjacent to its Birmingham plant. DOJ charged McWane and its Birmingham plant managers with violating the NPDES permit repeatedly from 1999 to 2001. The violations caused the discharge of thousands of gallons of wastewater to be released to Avondale Creek.

McWane operates iron metalcasting plants that manufacture cast iron pipe, fittings, valves and hydrants. This is the second time the Birmingham plant has been convicted of violating the Clean Water Act. The company’s Tyler Pipe, Union Foundry Co., Pacific States Cast Iron Pipe Co. and Atlantic States Cast Iron Pipe Co. also have been convicted of violating environmental regulations in the past.