February 28, 2005

Michigan Industrial Finishes Corporation (MIF), a paint manufacturing facility located in Hamtramck, and Norman G. Solomon, age 51, of Farmington Hills, president and owner of MIF, have pleaded guilty to charges that they knowingly stored hazardous wastes – namely, ignitable spent solvents, including xylene, toluene and methyl ethyl ketone – without a State permit. The defendants pleaded guilty before United States District Judge Victoria A. Roberts on Thursday, February 25, 2005.

According to the factual statements in the plea agreements and other court records, during the period 1997 to 2004, MIF, a paint facility located next to residential properties in Hamtramck, generated and stored at least one metric ton (1,000 kilograms) of hazardous wastes per month. The hazardous wastes, which included xylene, toluene and methyl ethyl ketone, had a substantial potential to be harmful to others or to the environment because their vapors could be ignited at temperatures as low as 73, 39 and 19 degrees Fahrenheit, respectively. In 1997, MIF entered a consent judgment with the Michigan Department of Environmental Quality (DEQ) and the State of Michigan to resolve an enforcement action brought against MIF charging the company with a number of federal and state hazardous waste management violations. Notwithstanding the consent judgment, MIF continued to store hazardous waste at its facility without a permit for periods well over the ninety day legal limit. In November 2004, DEQ ordered MIF to cease and desist its operations and to take corrective action at the facility, alleging that the facility may present an imminent and substantial hazard. At this time, the United States Environmental Protection Agency (EPA) has initiated cleanup efforts to remove more than 3,300 drums from the facility at a cost that may exceed $4 million.

Mr. Solomon was released on personal recognizance, pending his sentencing. The defendants were referred to the United States Probation Department for a presentence investigation. Although Mr. Solomon faces a statutory maximum sentence of up to five years in prison or a fine of $50,000 a day, or both, the parties agree that under the Federal Sentencing Guidelines, Mr. Solomon’s sentencing range of imprisonment would be between eight to eleven months. The parties further agree that Mr. Solomon and MIF should pay the government $1 million in restitution for the government’s future cleanup costs at the facility. The plea agreement indicates that the order of restitution will not preclude regulatory authorities from pursuing other civil or administrative actions to recover the remainder of any costs associated with the drum removal.

The case was investigated by the United States Environmental Protection Agency, Criminal Investigation Division, and the Michigan Department of Environmental Quality, Office of Criminal Investigations, as part of their joint efforts on the Southeast Michigan Multi Agency Environmental Task Force, a task force of local, state and federal law enforcement agencies who have combined their resources and expertise in order to investigate and prosecute environmental crimes in the region. Assistant United States Attorney Mark Chutkow prosecuted this case, with the assistance of Michigan Assistant Attorney General Thomas Piotrowski.

U.S. Attorney Craig S. Morford stated, "I commend the outstanding work of the Environmental Task Force in this case. Protecting the environment is a priority of this office and the Department of Justice, as well as our state and local counterparts. This type of case demonstrates the importance and effectiveness of bringing federal, state and local resources together in attacking crimes that threaten our health, safety and quality of life. We will continue to work with our federal, state and local partners to ensure full compliance with the law."

"Through our participation on the Environmental Task Force, the DEQ continues to protect human health and welfare by making sure a company presenting an imminent and substantial hazard is held responsible for its actions," said DEQ Director Steven E. Chester. "The DEQ is pleased to continue our active participation on the Task Force."

Michigan Attorney General Mike Cox added, "We are committed to protecting the environment through innovative, cooperative enforcement measures. Companies that violate environmental law will feel the full weight of our combined resources."

EPA Regional Superfund Director Richard Karl said that the MIF action was proceeding on schedule. "More than 2,000 drums have been analyzed and are ready to be shipped to an approved disposal facility. We expect the cleanup to continue through late April."

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

Revised February 28, 2005 by Pat Watson