New Hampshire Franklin Foundry and President Plead Guilty to Hazardous Waste Crimes
Franklin, NH — John R. Wiehl, president of Franklin Non-Ferrous Foundry, Inc., has pleaded guilty to illegally storing hazardous waste in violation of the Resource Conservation and Recovery Act (RCRA). The company, which manufactures metal parts for industrial use, also entered a guilty plea.
At the heart of the case is the improper storage of waste containing toxic levels of lead and cadmium. These metals are so dangerous. Lead and cadmium exposure can cause serious health problems, including learning disabilities, kidney disease, and also behavioral issues.
Franklin Foundry Workplace Inspections Trigger Federal Probe
In April and August 2009, the Occupational Safety and Health Administration (OSHA) inspected the foundry. Inspectors discovered the facility had been illegally storing hazardous waste for extended periods. Under RCRA, companies must have a permit to store such waste for more than 90 days. However, Franklin Non-Ferrous had no such permit.
After receiving OSHA’s findings, the EPA executed a search warrant in December 2009. Investigators found drums of hazardous waste—including waste contaminated with lead and cadmium—stored improperly on-site.
Franklin Foundry: A History of Violations and Formal Charges
In August 2010, a federal grand jury indicted both Wiehl and the company. They were charged with unlawfully accumulating hazardous waste since July 2005. The company had previously been cited for similar RCRA violations in 2002 and 2005, but this marked the first time criminal charges were filed.
Despite prior warnings, the foundry also continued storing hazardous materials without proper authorization. That led to this criminal case.
Sentencing Recommendations
Wiehl, now 64, faces up to two years in prison and a $250,000 fine. However, under a plea agreement, the U.S. Attorney’s Office has agreed to recommend a more lenient sentence: two years’ probation, six months of house arrest, and a published public apology.
Franklin Non-Ferrous Foundry, Inc. could face a maximum fine of $500,000.
EPA Leads Criminal Investigation
The U.S. Environmental Protection Agency’s Criminal Investigation Division led the case. Assistant U.S. Attorney Mark S. Zuckerman is prosecuting.
This case highlights also EPA’s ongoing commitment to enforcing federal environmental laws and most importantly holding violators accountable.
For more information about EPA’s criminal enforcement efforts:
