Alan D. Hersh, Violating 42 U.S.C. § 6928(d)(2)(A), Indiana 2009

FORT WAYNE, IN – Alan D. Hersh, former president and owner of the now-defunct Hassan Barrel Company, Inc., was sentenced to 15 months in federal prison on March 2, 2009, for a criminal violation of the Resource Conservation and Recovery Act (RCRA). The sentencing, handed down in the Northern District of Indiana, also included a three-year period of supervised release and a hefty $1.7 million restitution order payable to the EPA Superfund account.

Hersh’s conviction stems from years of unlawful storage and disposal of hazardous waste at Hassan Barrel’s Fort Wayne facility. The company, an industrial drum reconditioning plant, accumulated thousands of drums containing dangerous materials on site. Instead of properly managing these wastes, Hersh allowed them to pile up, creating a significant environmental hazard. The situation came to a head when Hassan Barrel Company went out of business in October 2003, and Hersh abandoned the property, leaving the drums scattered and unattended.

The EPA’s Superfund program discovered the abandoned site in October 2004, initiating an emergency removal operation to address the immediate threat posed by the improperly stored hazardous waste. The cleanup, funded by taxpayer dollars, proved costly, leading to the substantial restitution order against Hersh. Investigators found that neither Hersh nor Hassan Barrel ever obtained the necessary RCRA Treatment, Storage, and Disposal permit required for handling such materials – a clear violation of federal law.

Legal Ramifications

Hersh was initially charged on June 27, 2007, via indictment with one count of violating 42 U.S.C. § 6928(d)(2)(A), which specifically prohibits the knowing treatment, storage, or disposal of hazardous waste without a valid permit. He subsequently pled guilty to this charge, acknowledging his responsibility for the environmental damage and the associated cleanup costs. The sentence reflects the seriousness with which federal authorities treat violations of environmental regulations, particularly those involving hazardous waste.

A Pattern of Neglect

Sources close to the investigation indicate that Hersh prioritized cost-cutting measures over environmental compliance, resulting in the accumulation of hazardous waste and the deliberate avoidance of necessary permits. This pattern of neglect not only endangered the surrounding community but also placed a significant financial burden on the EPA’s Superfund program, which is designed to clean up the nation’s most contaminated sites.

Future Implications

This case serves as a stark warning to other industrial facilities: failure to comply with RCRA regulations will result in prosecution and significant penalties. The EPA continues to prioritize enforcement actions against those who knowingly endanger public health and the environment through improper hazardous waste management practices. The $1.7 million restitution will be used to fund further Superfund cleanup efforts nationwide.

Key Facts

• Defendant: Alan D. Hersh
• Company: Hassan Barrel Company, Inc.
• Location: Fort Wayne, Indiana
• Crime: Unlawful storage and disposal of hazardous waste
• Statute Violated: 42 U.S.C. § 6928(d)(2)(A) – RCRA
• Sentence: 15 months imprisonment, 3 years supervised release
• Restitution: $1.7 million to the EPA Superfund Account
• Timeline: Abandonment in 2003, charges filed 2007, sentencing 2009

Source: EPA ECHO Enforcement Case Database

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