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1. PRINCIPAL DEFENDANT: Franklin Non-Ferrous Foundry, Inc.
D.  New Hampshire  10-CR-00112-SM
2. DEFENDANT: John Richard Wiehl
D.  New Hampshire  10-CR-00112-SM

The company manufactures a variety of metal parts for various industrial applications. A byproduct of the foundry‘s operation is the generation of waste containing hazardous or toxic concentrations of lead and cadmium. Exposure to lead and cadmium can cause or contribute to a range of health effects, includ-ing behavioral problems, learning disabilities and kidney disease.

In April and August 2009, two workplace inspections conducted by the Occupational Safety and Health Administration found the illegal storage. After receiving results of the inspections, EPA exe-cuted a search warrant in December 2009 and discovered hazardous waste drums on company premises. In Au-gust 2010, a federal grand jury indicted Wiehl and the company for unlawfully accumulating and storing lead and cadmium hazardous waste at the foundry site since July 2005. Neither Wiehl nor the company had been is-sued 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.

August 25, 2010
The defendants were each indicted with one count of violating RCRA {42 U.S.C. 6928(d)(2)(A) - unlawful storage of hazardous waste}.

CITATION: 42 U.S.C. 6928(d)(2)(A)
January 6, 2012
The defendants each pled guilty to the one count.

Read more in the EPA Press Release.
May 10, 2012
Franklin was sentenced to 24 months probation and ordered to pay a $400 special assessment.

Wiehl was sentenced to 24 months probation, 6 months home confinement and was ordered to pay a $100 special assessment. He was also ordered to publish a written apology regarding his conviction, in a local newspaper, as well as a foundry trade magazine.

  • Resource Conservation and Recovery Act (RCRA)

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