A pair of Macomb County businessmen paid for cleanup operations to resolve criminal charges filed after a closed industrial shop they owned in Warren had a leak that resulted in the Bear Creek Drain turning a bright blue color last year, officials said Monday.

The cleanup measures played a role in the resolution of the criminal charges filed against Saad Somo, 50, of Washington Township, and Marvan Talal-Razooqi Batoo, 40, from Shelby Township, according to their attorney.

The two men pleaded no contest on July 3 in 37th District Court to various hazardous waste offenses before Judge John M. Chmura. They were sentenced on the same day of their plea.

“They hired the best experts in remediation to immediately correct an accidental spill that was complete with zero harm to wildlife, humans, or plant life,” said Amir Makled, the Dearborn attorney who represented the pair.

Macomb County Prosecutor Peter Lucido agreed.

In a news release, the prosecutor said although the reckless handling of hazardous chemicals presents a “serious” threat to public health and the environment, the former owners demonstrated their remorse by cleaning up the pollution they caused.

“In this case, the defendants took responsibility by cleaning up the contamination they caused,” Lucido said. “Their cooperation and remediation efforts spared taxpayers the burden of cleanup costs and were appropriately considered in the resolution of the charges.”

The two men were required to pay more than $172,000 in remediation costs, saving taxpayer dollars in clean-up, Lucido said.

On the same day of the plea, Judge Chmura sentenced each man to pay fines, costs, and a special assessment totaling $3,500. Assistant Prosecuting Attorney Lisa Lozen argued both men should also receive probation, but the judge declined her request.

As a result of their cooperation, one count of water resources protection violation, a two-year felony that was filed against each man, was dismissed. Prosecutors instead charged the pair with four misdemeanor counts of attempted water resources protection violation.

Batoo and Somo pleaded to operating a facility without a license, a one-year misdemeanor; generator and facility operator records, a one-year misdemeanor; liquid industrial waste — general violations, a 6-month misdemeanor; and attempted water resources protection violation, a one-year misdemeanor.

The Michigan Department of Natural Resources (DNR) agreed with the final plea offer only after the men cooperated with the Michigan Department of Environment Great Lakes and Energy, Department of Natural Resources (EGLE) and the U. S. Environmental Protection Agency (EPA) in rectifying the spill.

The EPA has said a water line inside the closed the Fini-Finish Metal Finish electroplating shop had broke and caused nearly 580,000 gallons of contaminated water to flood the shop.

According to prosecutors, the pleas resulted from an investigation after pollution entered Bear Creek through storm drains connected to the unoccupied industrial building on Mound Road near 10 Mile Road. As the storm water entered Bear Creek, the water turned a bright florescent green/blue on Sunday, Feb. 11, 2024.

The building owned by Somo and Batoo was not heated, resulting in frozen water lines breaking and stored chemicals being spilled. The two disposed of the chemicals through a storm drain.

“They were very serious about this and paid for the cleanup out of their own pockets, not through insurance,” Makled said.

Bear Creek intersects with the Red Run Drain, which flows into the Clinton River and into Lake St. Clair.

Somo and Batoo had purchased the building, which had chemicals stored onsite. Before they could remove the substances, the pair’s attorney said, the winter freeze set in, resulting in the burst pipes.

The building has since been sold, according to Makled, the attorney.

According to Warren Mayor Lori Stone, the city’s drinking water was not impacted by the spill.