Three Convicted For Dumping Untreated Waste Into Detroit Sewer System

BY DAVID ASHENFELTER ” DETROIT FREE PRESS ” OCTOBER 21, 2008

Three former managers of a Dearborn waste treatment plant were convicted today of federal Clean Water Act violations for dumping untreated waste into the Detroit sewer system. A 12-member jury in U.S. District Court in Detroit found Michael G. Panyard, 46, of Pleasant Ridge, the former general manager, guilty of nine counts including conspiracy, making false statements to investigators and the Clean Water Act violations. The jury deliberated two days following a three-week trial.

The jury of nine women and three men found former plant manager Charles D. Long, 43, of Brownstown Township, guilty of conspiracy and violating the clean water act.

Unlike the other two men, former chief executive officer Bryan S. J. Mallindine, 51, of Carlsbad California was found guilty of a misdemeanor count of violating the Clean Water Act, but acquitted him of conspiracy and obstruction of justice. Long and Panyard were found guilty of a felony count of violating the clean water act.

The three men worked for Comprehensive Environmental Solutions Inc. at Ford and Wyoming in Dearborn.

Mallindine faces a maximum penalty of one year in prison, and a $100,000 fine for the misdemeanor count. Panyard faces up to 10 years in prison and a $250,000 fine. Long faces up to 5 years in prison and a $250,000 fine.

The men are to be sentenced March 5 by U.S. District Judge Victoria Roberts, who presided over the trial.

Were pleased the jury paid very close attention through the entire trial, and took very seriously the crimes that were charged, Assistant U.S. Attorney Mark Chutkow said after the verdicts were announced.

Birmingham attorney Neil Fink said he was pleased that the jury acquitted Mallandine on two felony counts, convicted him only of a misdemeanor: Im very pleased with the verdict, and so is Mr. Mallandine.

Detroit criminal attorney David DuMouchel declined to comment on his client Panyards verdict.

Longs lawyer, Craig Tank of Clinton Township, said: Im disappointed and we intend to appeal.

The men were accused of conspiring to violate federal environmental laws by discharging 13 million gallons of untreated or inadequately treated industrial waste into the Detroit sewer system from 2001-2002 and then trying to cover up what they had done. The plant had continued accepting waste after its 12 storage tanks were full and its treatment equipment no longer operable.

Investigators became suspicious of the plant while probing a major oil release into the Rouge River in 2002, but never established that the firm was responsible.
The firm pleaded guilty last month to discharging waste into the sewer and agreed to pay $750,000 in fines and wetland restoration costs.

Contact DAVID ASHENFELTER at dashenfelter@freepress.com.