Faces Fines, Probation and House Arrest
On January 9, 2012, the EPA reported that the owner of a Franklin, NH foundry and his company pled guilty in US District Court for the District of New Hampshire to unlawfully storing hazardous waste.
John R. Wiehl, 64, is the president of Franklin Non-Ferrous Foundry, Inc., which manufactures a variety of metal parts for industrial applications such as aluminum pipe fittings and bronze castings. The manufacturing process also produces wastes containing hazardous or toxic concentrations of lead and cadmium.
Exposure to lead and cadmium can cause or contribute to a range of health effects, including behavioral problems, learning disabilities and kidney disease. Under the Resource Conservation and Recovery Act (RCRA), a generator cannot store hazardous waste at its facility for more than 90 days without a permit [40 CFR 262.34].
The case was investigated by the US EPA’s Criminal Investigation Division. It is being prosecuted by Assistant United States Attorney Mark S. Zuckerman.
Sordid History
During inspections at the foundry in 2005 and 2006, OSHA found exit doors locked or blocked and employees without heat protective clothing as they worked inches from cauldrons of molten metal that reached 2,300 degrees.
From 2005 to 2009, Franklin Non-Ferrous Foundry Inc. had been accused by federal investigators of 57 safety violations. Twenty-five of the violations were listed as "serious," meaning they had the potential to kill or seriously harm an employee. The violations warranted $387,000 in fines.
In March 2009, OSHA launched a six-month investigation into the foundry after a worker was found to have high levels of lead in his blood. Inside, they found potentially deadly levels of lead dust. Thick layers of powdered heavy metals covered every surface of the 17,000-square-foot facility. Wiehl and his workers ignored signs calling for breathing protection, instead blowing puffs of cigarette smoke at them. Employees were exposed to airborne concentrations of copper dust nearly six times the legal limit. Neither were workers issued protective clothing or uniforms, going home in contaminated clothing. Managers at the foundry refused to provide employees with federally-mandated protections, such as fresh air. Wiehl was fined $250,000.
Wiehl remained taciturn and contested the findings. In a November, 2009 phone interview with allBusiness.com, he opined that symptoms of lead poisoning could instead be attributed to societal changes since World War II, blaming eating habits with people consuming more preservatives and fewer vegetables. He flatly stated that there was a possibility that some people can be resistant to lead poisoning.
EPA Gets Involved; Indictment
OSHA reported the findings of their inspections to the EPA. In December 2009, EPA executed a search warrant at the foundry and discovered 55-gallon drums full of hazardous waste stored on the premises, which had been kept there since July, 2005.
In August 2010, a federal grand jury indicted Wiehl and Franklin Non-Ferrous Foundry for unlawfully accumulating and storing lead and cadmium hazardous waste at the foundry site. Neither Wiehl nor the company had been issued a permit to store hazardous waste for more than 90 days. The company was cited by EPA for similar violations in 2002 and 2005, but neither the company nor Wiehl previously faced criminal charges.
Wiehl faces a possible maximum sentence of two years in prison and a maximum fine of $250,000. Under the terms of a plea agreement filed with the court, the United States Attorney’s Office has agreed to recommend that he serve two years of probation, six months of house arrest, and that he publish a public apology. Franklin Non-Ferrous Foundry, Inc is facing a possible maximum fine of $500,000.
