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Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of New York

FOR IMMEDIATE RELEASE
Thursday, May 9, 2013

Spencerport, New York - Indictment announced of two individuals and Crane-Hogan Structural Systems, Inc.

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the Indictment of Mark Pullyblank, 52, of Caledonia, NY, William Clements, 52, of Victor, New York, and Crane-Hogan Structural Systems, Inc., 3001 Brockport Road, Spencerport, New York, which employs Pullyblank and Clements.

Crane-Hogan is a company engaged in hydro-demolition in which high pressure water is used to remove concrete from buildings such as parking garages prior to resurfacing. The waste-water from the hydro-demolition process contains a slurry of industrial waste including remnants of concrete which has a very high pH. Mark Pullyblank and William Clements were project supervisors in charge of demolition projects at the Binghamton Governmental Center Parking Garage and Johnson City Wilson Hospital Parking Garage throughout 2008 and 2009.

The Clean Water Act was enacted into law in 1972. Since that time it has prohibited the discharge of pollutants into waters of the United States without approved waste-water treatment and a permit, or into a permitted publically owned treatment works (POTW), unless in compliance with an approved pretreatment program. The Susquehanna River is a navigable water of the United States that provides drinking water to numerous individuals. It drains into the Chesapeake Bay and into the Atlantic Ocean.

The three defendants are charged in a nine count felony Indictment with discharging untreated industrial waste-water from a hydro-demolition process without a permit in violation of the Clean Water Act. More specifically, Mark Pullyblank and Crane-Hogan are charged in counts one through six with discharging untreated industrial waste-water directly into the Susquehanna River from a hydro-demolition project conducted at the Binghamton Governmental Center Parking Garage. Crane-Hogan is charged in Count Seven with similar industrial waste-water discharges into the Susquehanna River from the Wilson Parking Garage, Johnson City, New York. William Clements, Mark Pullyblank, and Crane-Hogan are charged in counts 8 and 9 with discharging industrial waste-water into the Binghamton-Johnson City Joint Sewage Treatment Plant, without an approved industrial pretreatment permit, in violation of the Clean Water Act.

The allegations in the Indictment are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by Investigators with the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigations and Special Agents of the Environmental Protection Agency. Assistance with this case has been provided by the New York State Office of General Services, the Binghamton City Engineer, and the Binghamton-Johnson City Publically Owned Treatment Works. The case is being prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0726.

Updated January 29, 2015