FORT WAYNE, IN – Alan D. Hersh, former president and owner of Hassan Barrel Company, Inc., was sentenced to 15 months in federal prison on March 2nd, 2009, following a guilty plea to charges stemming from the unlawful storage and disposal of hazardous waste. The case, prosecuted in the Northern District of Indiana, highlights a significant breach of environmental regulations and resulted in a $1.7 million restitution order to the EPA Superfund for cleanup costs.
Hersh operated Hassan Barrel Company, an industrial drum reconditioning facility in Fort Wayne, Indiana. For years, the company accumulated thousands of drums containing hazardous waste on its property. Instead of properly treating, storing, or disposing of the waste according to federal guidelines, Hersh allowed it to pile up, creating a substantial environmental hazard. The situation came to a head in October 2003 when Hassan Barrel Company went out of business and Hersh abandoned the facility, leaving the drums scattered across the site.
The Environmental Protection Agency’s (EPA) Superfund program initiated an emergency removal operation in approximately October 2004 upon discovering the abandoned facility. The cleanup involved the painstaking process of identifying, containing, and removing the hazardous materials, a costly and complex undertaking. Investigators determined that neither Hersh nor Hassan Barrel ever obtained the necessary Resource Conservation and Recovery Act (RCRA) Treatment, Storage and Disposal permit required for handling such waste.
The investigation, which began in 2007, culminated in an indictment on June 27, 2007, charging Hersh with one count of violating 42 U.S.C. 6928(d)(2)(A) – knowingly treating, storing, or disposing of any hazardous waste without a permit. Hersh ultimately pled guilty to this charge, admitting to the illegal accumulation and abandonment of hazardous materials.
In addition to the 15-month prison sentence, Hersh was sentenced to three years of supervised release following his incarceration. The court also ordered him to pay $1.7 million in restitution to the EPA Superfund Account to cover the substantial costs associated with the site’s remediation. The case serves as a stark reminder of the serious legal and financial consequences of neglecting environmental regulations and prioritizing profit over public safety.
The EPA continues to emphasize the importance of proper hazardous waste management and the strict enforcement of RCRA regulations. This case demonstrates the agency’s commitment to holding individuals and companies accountable for environmental crimes that threaten communities and ecosystems. The abandonment of the Hassan Barrel facility left a legacy of contamination, and the substantial restitution order is intended to help mitigate the long-term effects.
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: Facility abandoned in 2003, charged in 2007, sentenced in 2009
Source: EPA ECHO Enforcement Case Database
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