Hearing on Tonawanda Coke Oct. 22rd

October 15, 2013

On March 28th, twelve jurors found Tonawanda Coke and its environmental control manager Mark Kamholz guilty on violating the Clean Air Act and Resource Conservation and Recovery Act (RCRA).

While we wait on a new sentencing date, the Department of Justice released a Government Sentencing Memorandum which makes recommendations for Tonawanda Coke to be sentenced as follows:

(1) Payment of $12,794,182 in community service projects;
(2) Payment of a $44,347,517 criminal fine;
(3) Payment of a $5,600 special assessment;
(4) Imposition of a 5 year term of probation;
(5) Conduct a remedial investigation of the coal field, and re-mediate if necessary; &
(6) Implementation of an Environmental Compliance Plan.

The Department of Justice also recommended 4 projects the community identified through Participatory Budgeting this past spring; including the Industrial Pollution Prevention Project; Citizen Science Lending Library; Worker and Community Toxics Education Project and the Riverside Tree Planting.

The sentencing of Tonawanda Coke is up to Judge William Skretny.

While there is no date on the calendar for sentencing, a hearing is scheduled for October 22, 2013 at 1:00PM before U.S. District Court Chief Judge William Skretny in the Federal Courthouse at 2 Niagara Square (9th floor), Buffalo, NY.

Stay tuned for updates as this case continues.

A copy of the full memorandum is available HERE. 

 

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