On Monday, January 11, 2010, Macomb County 37th District Court Judge John M. Chmura entered into separate plea agreements with Defendants Robert Michael Barach and Biplab Roy, both charged with one count of uttering & publishing and one count of air pollution control - false statements and omissions. Uttering & publishing is a felony punishable by 14 years in prison, while the air pollution control misdemeanor is punishable by 1 year in prison and a $10,000 fine for each violation.

The case arose when staff from the Department of Natural Resources and Environment conducted a routine air emissions inspection of Hi-Tech Coating of Warren in November, 2005.  Upon review of the facility's emissions calculation data, DNRE staff noted errors in some of the mathematical formulas used to calculate the emissions based on the daily usage of various chemicals, paints, and adhesives used by the facility. Staff advised Hi-Tech of the errors in the formulas and requested that they be corrected.  When a second spreadsheet was sent by Hi-Tech to the DNRE a few weeks later, staff noted that the formulas had been corrected, however, the daily chemical usage data had also been altered and was now reporting hundreds, and occasionally thousands, of gallons less usage than the original spreadsheet.

A subsequent investigation by the DNRE's Office of Criminal Investigations revealed that the original usage data was correct and had been altered to avoid increased state and federal oversight, fees, and emission control equipment costs that would have resulted from correctly reporting the usage data. Barach was a Hi-Tech vice president/engineer and Roy was an air emissions consultant. Barach and Roy are no longer employed by Hi-Tech.

Under the terms of the plea agreement, Barach and Roy each pled guilty to the air pollution control misdemeanor and were each fined $10,000 and $250 in court costs. Barach was also placed on probation for 2 years and is being charged $30 per month in probation costs. The uttering and publishing charges were dismissed under the terms of the agreement.

State and federal environmental laws often rely on proper reporting of data by companies in order to make appropriate decisions that ensure the environment and public health are protected.  When it is discovered that data is being intentionally altered by a company to avoid regulations, the DNRE will take necessary legal action to hold the appropriate individuals responsible.

The case was authorized and prosecuted by Assistant Attorney General Syed Ahmed of the Michigan Attorney General's Office.

Editor's note:  DNRE environmental news releases are available on the department's Internet home page at www.michigan.gov/deq .

The DNRE is committed to the conservation, protection, management, and accessible use and enjoyment of the state's environment, natural resources, and related economic interests for current and future generations.