BUFFALO, N.Y. -- A federal judge has found Tonawanda Coke guilty of violating its probation by having a higher than acceptable opacity of its emissions.
U.S. District Judge William Skretny announced his decision Monday afternoon following a marathon hearing this past Friday.
Prosecutors argued Tonawanda Coke continues to release poisonous gas from its coke oven operations, violating its probation from a 2013 criminal conviction for violating the Clean Air Act, among other federal laws.
An attorney for the plant said Tonawanda Coke is making changes to address the opacity of its emissions. Following the judge's guilty ruling, the lawyer said it went as expected.
"We always agreed that there were opacity exceedances," Attorney Jeff Stravino said. "We self-disclosed them. We've worked cooperatively. We've provided unfettered access to the DEC, to the EPA..."
Stravino also said prosecutors failed to prove the increased opacity caused any health problems for the community.
"We still don't have any proof on the record that that increased opacity, at least on behalf of the government, is creating any type of imminent substantial harm or any type of significant effect on any health or the community," said Stravino on Monday.
"You don't buy that," 2 On Your Side's Michael Wooten asked Jackie James-Creedon, who lives near the plant. "No, we don't buy that," she responded. "And maybe the data didn't show that, but it definitely is dangerous to our community. There's a lot of fear and anxiety in our community just looking our your window and seeing that black sooty smoke billowing from the company."
Another neighbor, Joyce Hogenkamp, said the community wants the plant shut down.
"They can say what they want, that they don't have anything hazardous in those stacks. We know different," Hogenkamp said.
The judge has wide latitude as far as punishment. He could order a closure, which was requested by the government. He could also impose further probation restrictions, fines or other penalties.
Prosecutors have until Tuesday to submit a sentencing proposal, and the judge asked them to include options beyond just a shutdown.
The company has until Wednesday to offer a sentencing proposal.
Judge Skretny will then announce his decision on sentencing Friday at 9 a.m.