Ted Frey, Unlawful Storage, New Jersey 2010

Paterson, NJ – Abrachem Group, LLC, a chemical repackaging company, and its principal, Ted Frey, faced criminal charges in New Jersey Superior Court in August 2010, stemming from dangerously negligent storage practices. The case, highlighting significant risks to public safety, resulted in a guilty plea from the corporation and a pretrial intervention program for Frey, coupled with substantial financial penalties.

According to court documents, authorities discovered approximately 1600 55-gallon drums at an Abrachem facility in a state of severe disrepair. The drums contained a chaotic mix of incompatible chemicals, many stored in containers exhibiting significant degradation. This created a volatile environment ripe for accidental reactions, fires, and potential explosions.

The most alarming discovery centered around the improper storage of nitrocellulose, an exceptionally shock-sensitive and flammable substance. Critically, the nitrocellulose was found *hidden* within a container surrounded by sodium methylate – a water-reactive material. Contact between these two substances could have triggered a catastrophic event. Further compounding the danger, inspectors found iron oxide mislabeled inside a drum mixed with paraformaldehyde, which decomposes into flammable formaldehyde gas. This constituted the storage of a flammable substance alongside an oxidizer, a highly unstable and prohibited practice.

Abrachem Chemical pled guilty to two counts of violating New Jersey state environmental statutes: unlawful storage (3rd degree) and creating a risk of widespread injury (3rd degree). The corporation was fined $54,000, a sum Ted Frey agreed to personally cover on behalf of the company. Frey himself was charged with one count of unlawful storage (4th degree) and entered into a 36-month pretrial intervention program. As part of the program, Frey is subject to a judicial consent order that restricts the scope of any future chemical repackaging ventures he undertakes, and mandates notification to any municipality where such operations might occur.

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Specific Violations & Penalties

The charges against Abrachem and Frey stemmed from violations of New Jersey state environmental regulations concerning the safe storage and handling of hazardous materials. The 3rd-degree offenses carry potential penalties of up to five years in prison and a fine of up to $15,000 per count. The 4th-degree charge against Frey could have resulted in up to 18 months in prison and a fine of up to $10,000. While Frey avoided jail time through the pretrial intervention program, the $54,000 fine represents a significant financial consequence for the corporation.

Key Facts

Defendant: Abrachem Group, LLC and Ted Frey
Location: Paterson, New Jersey
Date of Plea: August 31, 2010
Violations: Unlawful storage of hazardous chemicals, creating a risk of widespread injury.
Hazardous Materials: Nitrocellulose, sodium methylate, paraformaldehyde, iron oxide.
Penalty: $54,000 fine paid by Ted Frey on behalf of Abrachem Chemical; Frey entered 36-month pretrial intervention program.

The case serves as a stark reminder of the potential consequences of neglecting safety protocols in the chemical industry. Authorities emphasize the critical importance of proper labeling, segregation, and containment of hazardous materials to prevent accidents and protect both workers and the surrounding community.

Source: EPA ECHO Enforcement Case Database

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