Two Bozeman men were sentenced in U.S. District Court this week for illegally discharging lead-contaminated water into a public sewer system, according to U.S. Attorney Kurt G. Alme.
On Thursday, Chief U.S. District Judge Dana Christensen sentenced Zachary Daniel Flanagan, 27, of Bozeman, to five years of probation and imposed a $50,000 fine.
“The defendants violated the city’s wastewater pretreatment program when they discharged lead contaminated wastewater into the public sewer system,” said Jeffrey Martinez, special agent in charge of the Environmental Protection Agency’s Criminal Investigative Division in Montana.
The casings were placed in cement mixers where they were cleaned in a water and vinegar solution.
In November 2013, Flanagan contacted by email Dustin Johnson, the pretreatment coordinator of the Bozeman wastewater facility, to try to get permission for USA Brass to discharge lead wastewater into the city sewer system.
Flanagan followed up the request in December with another email to Johnson seeking approval to dispose the wastewater through the sewer and told him that an environmental analyst who reviewed the lab results said it would be fine to send the wastewater down the sewer.
On the same day in December, Johnson responded to Flanagan’s email and, based on Flanagan’s false statements, authorized the discharge of the lead wastewater into the sewer system.
When Johnson learned that Flanagan had provided him false information, he told investigators he would never have granted the company permission to discharge the wastewater.
The investigation also found that in September 2013, USA Brass installed a sink in the facility to dispose of the lead wastewater into the city sewer system.
Flanagan and Schimpf were present on more than one occasion as the wastewater was being pumped down the sink but neither stopped the discharge or sought permission for the discharge.

Former Ansonia Copper and Brass site to be auctioned July 19.
“The auction is a great first step.” The city maintains that Ray McGee, the owner of Ansonia Copper and Brass, owes more than $1.3 million in property taxes and Water Pollution Control Authority fees.
But when contacted, McGee said if he were going to do that, he would already have paid the amount owed.
Access to rail In 2014, the city cut a deal with McGee to forgive as much as $400,000 in owed taxes in return for demolition and remediation.
“There are some interested parties,” said Davies, who estimates he’s conducted about 150 tax actions in the Valley.
He said the auction includes the former administration building at 75 Liberty St. as well as the five standing industrial buildings.
“Residential would probably be the least likely,” Marini said.
The key is for us to help them overcome any obstacles and remove them.” O’Malley has determined it will cost about $3 million to $4 million to demolish and remove the remaining structures.
“We have to determine what the extent of the contamination is, and what the liability will be going forward,” O’Malley said.
Once the six-month limit for McGee’s redemption passes, Marini said, the city could begin working with the developer to secure funding to demolish and remediate the properties.