Atglen, PA – Action Manufacturing Company, a Bristol, Pennsylvania-based manufacturer of timing and arming devices for munitions and explosives, has been sentenced to five years of probation and a $1.2 million fine for illegally storing explosive hazardous waste and violating transportation regulations. The sentencing, handed down by U.S. District Court Judge Nitza I. Quinones Alejandro, concludes a case brought forth by the Environmental Protection Agency (EPA) and the Department of Transportation (DOT).
The company admitted to stockpiling explosive solid waste generated from its manufacturing process at its Atglen, Chester County facility, circumventing proper disposal procedures mandated by the Resource Conservation and Recovery Act (RCRA). Instead of sending the waste to an approved treatment, storage, and disposal facility, Action Manufacturing allowed it to accumulate for years, even decades, without the necessary permits. A joint inspection in November 2011 by the EPA and the Pennsylvania Department of Environmental Protection revealed the extent of the illegal storage, uncovering scrap parts and components long overdue for proper disposal.
The nature of the waste—explosive powders, detonators, and other explosive materials—presented a significant safety hazard. RCRA, codified in 42 U.S.C. § 6928, establishes a “cradle-to-grave” system for managing hazardous waste, ensuring its safe handling, transportation, and disposal. Action Manufacturing’s actions directly violated these regulations, creating a potential risk to both the environment and public safety. Investigators found the company prioritized cost-cutting measures over regulatory compliance, leading to the dangerous buildup of unstable materials.
Beyond the improper waste storage, Action Manufacturing also pleaded guilty to violating regulations outlined in the Hazardous Material Transportation Act, 49 U.S.C. § 5124. The company failed to maintain accurate records regarding the transportation of explosive materials on public roads, further demonstrating a disregard for safety protocols. This violation raises questions about the company’s oversight of its entire supply chain and potential risks associated with transporting dangerous goods.
As part of the sentencing, Action Manufacturing has agreed to install a new president and chief executive officer, signaling an attempt to overhaul its leadership and compliance procedures. The company is also required to adhere to a strict schedule for disposing of the accumulated hazardous waste, a costly undertaking that reflects the severity of the violations. An additional $800 special assessment was also levied against the company.
Key Facts:
- Defendant: Action Manufacturing Company
- Location: Atglen, Chester County, Pennsylvania
- Year: 2014
- Violations: Resource Conservation and Recovery Act (RCRA) – 42 U.S.C. § 6928, Hazardous Material Transportation Act – 49 U.S.C. § 5124
- Penalties: Five years probation, $1.2 million fine, $800 special assessment, new leadership appointment, waste disposal schedule.
- Investigating Agencies: EPA Criminal Investigations Division, U.S. Department of Transportation Office of Inspector General
- Prosecutor: Assistant United States Attorney Elizabeth Abrams
The case underscores the EPA’s and DOT’s commitment to enforcing environmental and safety regulations within the hazardous materials industry. Sources close to the investigation indicate that this sentencing may prompt further scrutiny of other companies involved in the manufacturing and handling of explosives, ensuring stricter adherence to federal regulations and preventing future environmental and safety breaches.
Source: EPA ECHO Enforcement Case Database
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