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National Enforcement Investigations Center
Case Results — Grimmel Industries
,	Clean Water Act Illicit Discharge Criminal Case
Field Technical Support Capabilities
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NEIC's Support:
•	Forerisics-based field
investigations accredited
under ISO/IEC: 17025
•	CWA expertise
NEIC's Other Capabilities:
•	Laboratory analyses
accredited under ISO/IEC:
17025, General
Requirements for the
Competence of Testing and
Calibration Laboratories
•	Interpretation of analytical
results
•	Statistical services
•	Toxicological expertise
•	Analytical consultations
•	CAA, 112r, EPCRAand
RCRA expertise
•	Training
Background: The former Grimmel Industries, Inc. (Grimmel) facility in Portsmouth,
New Hampshire, operated until 2014 as a scrap metal recycling yard that stored
metal before it was loaded onto ships for transport. Grimmell had been subject to
civil enforcement in 2011 for discharging mercury, polychlorinated biphenyls (PCBs)
and other contaminants into the Piscataqua River from this site. This civil action
resulted in a $75,000 fine and over $500,000 in injunctive relief. As a result,
Grimmel stopped discharging wastewater from this site and instead collected
process water within a bermed area, pumped it into a tanker truck, then reused the
wastewater to spray the scrap piles to keep rust dust from polluting the air in the
area. On June 25, 2013, the harbormaster observed a tanker truck on the Grimmel
site discharging water through a large hose into the Piscataqua River and notified
authorities. EPA's Criminal Investigation Division (CID) agents had the remaining
contents of the tanker truck analyzed; the tanker truck's contents were found to
contain sodium and calcium, along with various metals, including aluminum, barium,
copper, nickel, iron, lead, and zinc.

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NEIC's support: CID requested NEIC assistance, as the
defendant had claimed that the water discharged from
the tanker would not reach the river because it would
be filtered out while flowing over land. In June 2015,
NEIC experts who specialize in Clean Water Act civil
investigations conducted a field demonstration using a
tank and
hoses to
replicate the alleged discharge. A flow-rate test was conducted to
estimate the flow rate of the alleged discharge. A discharge test was
conducted using green dye to determine if a discharge to the river could
be readily observed. The field demonstration team observed dye flowing
into the river approximately 8 minutes after flow began from the tank.
Enforcement results: Christopher Garrity, the Grimmel site manager,
pleaded guilty to one felony count of discharging a pollutant into the
navigable waters of the United States without a permit. Mr. Garrity was
sentenced in February 2016 to pay a $5,000 fine and to serve 12 months
probation. Grimmell ceased operations at the Portsmouth site on
December 31, 2014, when its lease was not renewed.
How to obtain NEIC's support
NEIC provides environmental forensics support for criminal and civil enforcement cases. If you would like more
information on NEIC or to request laboratory analysis, toxicological support, an investigation, technical assistance, or
training from NEIC, please contact us at neic project requests@epa.gov. You may also contact your regional
enforcement coordinator for more information on requesting NEIC's support on civil projects and EPA's Criminal
Investigation Division (CID) for support on criminal projects.
"The analytical and field work
we conducted this past summer
in Portsmouth, New Hampshire
turned the tide in this case and
as a direct result of such the
defendant was left with no
other option, but to plead
guilty."-CID Special Agent
Kevin Gaul
NEIC | Denver Federal Center, Building 25 | Denver, Colorado | 303.462.9000

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