CEE 440 Gilbane Gold - An Engineering Ethics Case Study Video

The case takes place in the imaginary town of Gilbane. The sludge from the Gilbane sewage plant has been used for some 75 years as a fertilizer and is sold under the name "Gilbane Gold." The revenue from the sale of Gilbane Gold sludge enables the city to supplement its tax revenues, saving a family of four approximately $300/year in taxes. In order to protect this source of income, the town placed severe restrictions on the discharge of heavy metals into the wastewater sewage, so the sewage sludge would be safe for use by farmers as fertilizer. The restrictions are ten times more stringent than federal regulations.

David Jackson, a young Z-Corp civil engineer , finds himself in a predicament. Z-Corp is a computer chip manufacturer and is currently discharging lead (and arsenic) at the allowable wastewater concentration limits set by the city of Gilbane. Z-Corp is to expand the plant (make 5 times more chips) which is expected to increase their lead discharge emission rate by five times. The Gilbane city law allows for this lead to be diluted down to the acceptable concentration limit. However, the diluted lead will be absorbed by the city's sewage sludge (Gilbane Gold) and end up on farmers' fields (thus disproving the adage "dilution is the solution to pollution").

Gilbane had aggressively marketed itself as a city with a good business climate, offering tax incentives to industries that chose to move there. After several high-tech firms moved to the area, the more stringent wastewater discharge regulations were enacted. Z Corp was one of the companies that moved to Gilbane. Its Gilbane plant manufactures computer components, but the plant's manufacturing process creates substantial quantities of toxic materials, primarily heavy metals. Z Corp monitors its sewer waste discharge monthly.

Two facts about the regulations affect the resolution of the case. First, plants in Gilbane are responsible for supplying wastewater analytical test data to the city. The data must be signed by an engineer, who attests to its accuracy. The law governing effluents is flawed, however, for it only regulates effluent discharge in terms of the concentration of the toxic material in the discharge, not in terms of the total mass emission rate of the toxic pollutant. So a plant can always operate within Gilbane standards by simply increasing the volume of discharge.

Second, a newer and more sensitive (but also more expensive) analytical test for heavy metals (lead & arsenic) has been developed since the city enacted its emission standards. The newer test is not required by the city, and the city of Gilbane does not use it. Z Corp employees have access to the test, and it shows that the plant has apparently been slightly exceeding the allowable emissions on a number of occasions. This produces a problem for Z Corp. If it discloses the results of the new test, the city might take legal action against it. If it does not disclose the results, some of its own employees may believe it is exhibiting bad faith with the city.

Cast Of Characters

Z Corp Employees

Diane Collins: Z Corp vice president in charge of the Gilbane plant (plant manager). She reports to corporate headquarters, and is the sole representative of the plant who does so. She is reported to by: Frank Seeders: In charge of the plant operations, an engineer. Phil Port: Manager and Head of environmental affairs, not an engineer. He is reported to by: David Jackson: The young civil engineer who is the nominal protagonist in the video. He is an engineer

and PE responsible for signing Z-Corp plant wastewater effluent reports and keeping the plant in compliance with regulations.

Dan Martin: Z Corp. lawyer from the corporate office.

Non-Employees of Z-Corp

Tom Richards: Environmental engineering consultant who was fired by Z Corp. He has a new analytical test which shows the Z-Corp is discharging excessive toxicwaste in its wastewater effluent. He also encourages David to blow the whistle on Z Corp.

Lloyd Bremen: Former state commissioner of environmental protection, now retired and a farmer who uses Gilbane Gold sludge on his ranch. Though he oversaw the regulations when he was State Commissioner, he now is critical of the rules regarding the analytical testing of sewer effluent from plants such as Z-Corp.

Dr. Winslow Massin: Professor emeritus, Hanover University, School of Engineering.

Maria Renato: TV Reporter who does the up-close piece on Z Corp.

CEE440 Questions: Name: ___________________________________________________________

Ethical Issues Of The Case

1. What does David Jackson decide to do about the excess toxic emissions into the sewer from Z-Corp? ____________________________________________________________________________

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2. Does the TV presentation of the case by Maria Renato

affect the decision made by David Jackson? __________________________________

3. In what ways does the fact that David's boss (Diane) is not an engineer affect David's actions?

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4. Does Professor Massin add any insight into what actions David should perform?

That is, would you look to a former professor to help you deal with an ethical issue?

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5. If you were David where would you look for advice on how to handle this? _____________________

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6. The plant manager (Diane) is presented with conflicting reports from her employees.

How could David have presented (communicated) his concerns more effectively to the plant manager (Diane)? ___________________________________________________________________________________

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7. Do you think Z Corp is "poisoning" the soil at the present levels of lead discharge into the sludge? ________________________________________________________________________________

What about the planned 500% increase in lead discharge levels after the Z-Corp plant is expanded? _________________________________________________________________________________

8. Do you think David is deceiving the city if he does not reveal the results of the new analytical tests? ____________________________________________________________________________________

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9. Regardless of whether David is deceiving the city, is failing to reveal the results of the new analytical

tests for lead and arsenic concentrations in the Z-Corp wastewater effluent justified? _________________________________________________________________________________

10. What were the plant manager Diane's actions on this issue of excess toxics in Z-Corp's effluent?

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11. Do you think plant manager Diane's actions are unfair to David? _________________________________________________________________________________

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12. Do you think the City is treating Z Corp unfairly? ________________________________________

13. Should the City bear some of the expense of complying with its strict wastewater effluent standards?

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14. Do the actions of the ex-consultant environmental engineer Tom Richards seem in any way to have

ulterior motives? _____________________________________________________________

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15. Does David have any other options that he did not consider in this video?

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