Ex-foundry manager sentenced

The former general manager of a Provo pipe foundry was sentenced Monday to serve one year in federal prison and to pay a $20,000 fine for rigging air-quality tests to help his company evade state environmental-quality regulations.

The sentencing follows the imposition of the largest criminal environmental fine in Utah's history against the company itself last February, to the tune of $3 million.

During a hearing Monday, U.S. District Judge Dee Benson acknowledged Charles Matlock's service to his country as a former Marine and his more than 40 years of service to his company, McWane Inc., which owns and operates Pacific States Cast Iron Pipe Co. in Provo.

However, Benson found that Matlock had ordered his employees to burn pig iron rather than scrap iron from automobiles in their furnace while tests were being conducted to give false results to state and federal environmental officials. Benson also found his actions resulted in the pollution of the environment and the Utah County community, and that there were repeated instances of this.

When the criminal environmental fine was imposed on McWane, Matlock had struck a plea deal with federal prosecutors, pleading guilty to one count of submitting inaccurate results for tests required by the Clean Air Act.

In court Monday, Matlock's attorney, Max Wheeler, argued that his client did not order the use of pig iron to thwart the air tests, but did it to ensure that the company's production rate was consistent.

But assistant U.S. Attorney Richard Poole argued that several employees felt uncomfortable with Matlock's decision and protested, only to be overridden by Matlock. Poole said he had evidence that McWane owners knew about Matlock's actions and had agreed that Matlock would "take the fall" in exchange for a "golden retirement."

Wheeler said Matlock no longer works for the company and has since retired.

Speaking in court, Matlock apologized for disgracing his company and his family and accepted responsibility for his actions. But the judge noted that Matlock did not give a specific explanation, in his written admissions, about his claim that he used pig iron to increase productivity, not to throw off air-quality tests.

Outside court, neither Wheeler nor Matlock had any comment.

Neighbors of the plant said outside of court that the company had been a problem for decades. Some residents said they are plagued by the airborne pollutants and bad smell.

"There's black plumes coming out of the place," said Keith Wilson, who lives near the plant.

Officials with the Environmental Protection Agency said they have dealt with several criminal cases against McWane plants in several states. In other cases, McWane officials have been fined for violating work-safety standards, one of which led to an employee death, and for the illegal handling of hazardous waste.

McWane is a family-owned business based in Birmingham, Ala., that operates 13 iron foundries across the United States and Canada.

According to EPA officials, McWane has paid its $3 million fine in full for the Utah violations.

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