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McWane is a Delaware corporation, headquartered in Birmingham, Alabama, which operates iron foundries at various locations across the country, including the McWane Cast Iron Pipe Company in Birmingham. James Delk, 37, is a former Vice President and General Manager at the McWane Cast Iron Pipe Company, and currently works at a McWane facility in New York. Charles "Barry" Robinson, 65, of Birmingham, is the Vice President for Environmental Affairs at McWane. Michael Devine, 44, is a former plant manager at McWane Cast Iron Pipe Company, and currently works for McWane in New Jersey. Donald Bills, 56, of Birmingham, is plant engineer at McWane Cast Iron Pipe Company. The twenty-five count indictment charges that the defendants caused industrial process wastewater from the operations of McWane Cast Iron Pipe Company in Birmingham to be discharged into Avondale Creek in violation of a federal permit and took steps to conceal the illegal discharges from state and federal regulators. Count 1 of the indictment charges each of the defendants with conspiracy to (a) defraud the United States by obstructing EPA's enforcement of federal environmental laws, (b) violate the Clean Water Act, and (c) make false statements in a matter within the jurisdiction of the EPA. Counts 2 through 11 of the indictment charge McWane, James Delk, and Michael Devine with violations of a federal permit by discharging process wastewater into Avondale Creek through storm drains. Counts 12 through 22 charge McWane and James Delk with additional violations of the Clean Water Act, each month from March 2000 through January 2001, by way of discharging wastewater in violation of a permit. Count 23 charges McWane, James Delk, and Michael Devine with violating the Clean Water Act by discharging process wastewater that exceeded permit limits for oil and grease. Count 24 charges McWane and Charles "Barry" Robinson with making a materially false statement and representation to the EPA in response to an EPA request for information under the Clean Water Act. Count 25 charges McWane with obstruction of justice for providing false and misleading information to the EPA in April 2000. The maximum sentence for an individual convicted on the conspiracy or false statement counts is 5 years in prison and a fine of $250,000. The maximum sentence for an individual convicted of the Clean Water Act charges is a fine of not less than $5,000 nor more than $50,000 per day of violation, and by imprisonment for not more than 3 years. For McWane, Inc. the maximum penalty for the conspiracy and Clean Water Act charges is a fine of the greater of $500,000 or $50,000 per day of violation, and probation of 5 years. On the false statement or obstruction charges, the maximum penalty for McWane, Inc. is a fine of $500,000 and 5 years probation. The case is being investigated by Special Agents of the United States Environmental Protection Agency, with assistance of the FBI. Senior Trial Attorney Christopher Costantini, Trial Attorney Kevin Cassidy of the Environmental Crimes Section (ECS) of the U.S. Department of Justice, and Assistant U. S. Attorney Robert O. Posey are prosecuting this case.