Ink, Arkansas – In a case highlighting the dangers of improper hazardous waste disposal, Albert S. “Junior” Goodner, Jr., president and operating manager of Goodner Brothers Aircraft, Inc., was sentenced in June 1991 following a complex legal battle that began in October 1990. The case, stemming from operations near Ink, Polk County, Arkansas, exposed a pattern of environmental violations linked to the aircraft refinishing business, which included paint stripping, repainting, and refurbishment of commercial aircraft.
The initial 14-count indictment alleged that Goodner and associated companies – Aircraft Refinishers, Inc., and Goodner Brothers Farms, Inc. – systematically discharged pollutants into Dallas Creek, failed to report the release of hazardous substances as required by law, and illegally stored, transported, and disposed of toxic waste. The charges included violations of the Clean Water Act and the Resource Conservation and Recovery Act (RCRA), along with a conspiracy charge under 18 U.S.C. 371.
The first trial, commencing in January 1991, ended in a hung jury. The government subsequently dismissed charges against Aircraft Refinishers, Inc., and directed verdicts of acquittal for Dennis J. Goodner, a supervisor, and Jimmy C. Curry, a shop manager and secretary. Despite these setbacks, prosecutors pressed forward with a retrial focused on Junior Goodner and Goodner Brothers Aircraft, Inc.
The second trial proved more successful for the government. On April 11, 1991, Albert S. Goodner, Jr. was found guilty of three counts of violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and one count of violating RCRA. Goodner Brothers Aircraft, Inc. itself was convicted of four RCRA violations and one CERCLA violation – all felony offenses. Evidence presented during the trial indicated a deliberate disregard for environmental regulations in the handling of hazardous chemicals used in the aircraft refinishing process.
Penalties and Aftermath
On June 19, 1991, Judge sentenced Goodner to 15 months incarceration, followed by 12 months of supervised parole. He also received a $7,500 fine and a $200 assessment. Goodner Brothers Aircraft, Inc. faced a substantial financial penalty – a total fine of $150,000, a $250 special assessment, and a five-year probationary period for each of the five felony counts, to run concurrently. Goodner filed an appeal on July 30, 1991, the outcome of which is not immediately available.
Key Facts
- Defendant: Albert S. Goodner, Jr. and Goodner Brothers Aircraft, Inc.
- Location: Ink, Polk County, Arkansas
- Statutes Violated: 33 U.S.C. 1319(c)(1)(A) – Clean Water Act; 42 U.S.C. 9603(b) – CERCLA; 42 U.S.C. 6928(d)(2)(A) – RCRA; 18 U.S.C. 371 – Conspiracy
- Penalties: Goodner – 15 months imprisonment, $7,500 fine. Goodner Brothers Aircraft – $150,000 fine, 5 years probation (concurrent on 5 counts)
- Business: Aircraft refinishing (paint stripping, repainting, refurbishing)
- Waste: Illegal handling and disposal of toxic chemicals.
This case serves as a stark reminder of the EPA’s commitment to prosecuting environmental crimes and holding both individuals and corporations accountable for endangering public health and the environment. The investigation and subsequent prosecution demonstrate the complexities of environmental enforcement, particularly when dealing with hazardous waste generated by industrial operations.
Source: EPA ECHO Enforcement Case Database
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