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Federal jury convicts Tonawanda Coke and top official of polluting air

WBFO News File Photo

The environmental control officer at Tonawanda Coke faces up to 20-years in jail and the company up to $200 million in fines after a federal court jury returned quick verdicts Thursday in a 19-count indictment.

The jury began deliberations Thursday morning and returned its decisions in the case by late afternoon, after a month-long trial.

The charges revolved around air pollution from what the prosecution said was a concealed relief valve venting unmonitored toxic gases.

The jury found the executive and the company guilty on most counts.  Mark Kamholtz, the environmental control officer, was convicted of obstruction of justice.

“Protecting the health and safety of our residents is one of the most paramount responsibilities of this office,” said U.S. Attorney William Hochul. “Citizens of this community are entitled to breathe clean air and drink clean water.

“The Tonawanda Coke Corporation and Mr. Kamholz intentionally deceived federal regulators by concealing the company's violations of the Clean Air Act and the Resource Conservation Recovery Act, which were enacted by Congress to protect human health and the environment," said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the United States Department of Justice.

US District Court Judge William Skretny set sentencing for July 15, with the defense allowed to submit motions to throw out the verdicts.

Mike Desmond is one of Western New York’s most experienced reporters, having spent nearly a half-century covering the region for newspapers, television stations and public radio. He has been with WBFO and its predecessor, WNED-AM, since 1988. As a reporter for WBFO, he has covered literally thousands of stories involving education, science, business, the environment and many other issues. Mike has been a long-time theater reviewer for a variety of publications and was formerly a part-time reporter for The New York Times.