ELR Citation: ELR 20998
No(s). 90-1454 (1st Cir. Apr 3, 1991)

The court affirms the conviction and sentence of a chemical engineering manager at a circuit board manufacturing company for violations of the Federal Water Pollution Control Act (FWPCA) pretreatment standards. The defendant was convicted of two counts of violating FWPCA §309 by knowingly discharging industrial wastewater containing excessively high concentrations of toxic metals into a municipal sewer. The court holds that the evidence was sufficient to permit a reasonable jury to find guilt beyond a reasonable doubt. The evidence showed that pollution control was part of the defendant's area of responsibility, that he was aware of the practice of bypassing the pollution control system, that he ordered his subordinate to illegally dump copper wastewater and attempted to cover up the incident, and that he was authorized to shut down the plant. The court next holds that the defendant's allegations of error in impeachment of a character witness, in closing argument, and in jury instructions do not amount to error or require a new trial. Finally, the court holds that the trial court properly exercised its discretion in imposing a one-day committed sentence on each count, even though a suspended sentence or probation would have been within the trial court's discretion.

Counsel for Appellant
Owen Walker
Federal Defender Office
195 State St., Boston MA 02109
(617) 565-8335

Counsel for Appellee
Richard Welch III, Ass't U.S. Attorney
Room 1002, John W. McCormack Post Office & Courthouse, Boston MA 02109
(617) 223-4265

Before BREYER, Chief Judge, CAMPBELL and TORRUELLA, Circuit Judges.