McWane accused of pollution

McWane Inc., a closely held pipe maker, and four employees at its Birmingham, Ala., plant were indicted on charges of violating the federal Clean Water Act by discharging waste water into storm sewers and covering it up.

The 25-count indictment handed up Tuesday by a federal grand jury alleges that McWane and top employees in Birmingham disposed of wastewater at night, on weekends and when it rained, to avoid detection. They're also accused of lying to the Environmental Protection Agency and obstructing justice. Most of the activity occurred between 1998 and 2001, the indictment said.

"It is critical that we enforce criminal environmental laws against alleged corporate wrongdoers and their employees so that Birmingham residents are protected from the harm caused by a company putting pipe and profits above the public's welfare," U.S. Attorney Alice H. Martin said.

The indictment comes six months after authorities charged McWane's New Jersey unit, Atlantic States Cast Iron Pipe Co., and five employees with maintaining a dangerous workplace that resulted in the death and maiming of employees. They were also accused of polluting the environment. The defendants in that case have pleaded not guilty.

"We devote substantial time and money to ensure that our air emissions, wastewater and solid wastes are managed properly," G. Ruffner Page Jr., McWane's president, said in a statement. He called the decision to charge the company "unwarranted."

Charged in the indictment, along with McWane, are James Delk, 37, a former general manager of the Birmingham plant; Charles Robison, 65, McWane's vice president for environmental affairs; Michael Devine, 44, a former plant manager in Birmingham; and Donald Bills, 56, a McWane plant engineer.

Another McWane company, Pacific States Cast Iron Pipe Co., came under investigation last year for pollution by its south Provo foundry in Utah.

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