Nashville, TN – Alley-Cassetty Coal Company and a former transportation manager have been penalized for illegally transporting hazardous waste to an unpermitted facility, according to court documents unsealed this week. The case, originating in the Middle District of Tennessee in 1985, highlights ongoing concerns about improper waste disposal practices within the coal industry.
The Environmental Protection Agency (EPA) brought charges against Alley-Cassetty and James Draper, the company’s former transportation manager, alleging a deliberate scheme to circumvent environmental regulations. Investigators determined that Alley-Cassetty actively transported emission control dust – considered a hazardous waste – to strip mine sites owned by TLC, Inc. The dust, a byproduct of coal processing, was knowingly deposited at locations without the necessary permits for hazardous waste acceptance.
Information was initially filed on March 25, 1985, outlining one count of violating the Resource Conservation and Recovery Act (RCRA). The indictment specifically cited 42 U.S.C. 6928(d)(1), Section 3008(d)(1) of RCRA, which prohibits the transportation of hazardous waste to unpermitted facilities. This case is related to a 1985 case involving James H. Hedrick, suggesting a potentially wider pattern of illicit activity.
Penalties & Sentencing
Both Alley-Cassetty and Draper ultimately entered guilty pleas to the charges. On December 9, 1985, Alley-Cassetty Coal Company was sentenced to a $10,000 fine. Draper received a more substantial penalty: a 12-month and one-day incarceration sentence, with six months suspended. He was also placed on 24 months of probation and ordered to pay an $8,000 fine within seven months. Despite an initial recommendation for a halfway house, Draper was ultimately denied that option for serving his sentence. The incarceration was to be served concurrently with any other sentences he may have been facing in Tennessee.
RCRA & Hazardous Waste
The Resource Conservation and Recovery Act (RCRA) is a cornerstone of environmental protection, designed to control the generation, transportation, treatment, storage, and disposal of hazardous waste. Improper handling of such waste poses significant risks to public health and the environment, potentially contaminating soil, water sources, and air quality. This case serves as a stark reminder of the importance of strict adherence to RCRA regulations.
GrimyTimes Investigation
GrimyTimes will continue to investigate potential connections between Alley-Cassetty, TLC, Inc., and the Hedrick case, seeking to understand the full scope of this environmental crime. We will also be looking into whether these violations were isolated incidents or part of a larger, systemic problem within the Tennessee coal industry.
Key Facts
- Defendant: Alley-Cassetty Coal Company & James Draper
- Crime: Illegal Transportation of Hazardous Waste
- State: Tennessee
- Year: 1986
- Statute Violated: 42 U.S.C. 6928(d)(1) – RCRA Section 3008(d)(1)
- Alley-Cassetty Penalty: $10,000 fine
- Draper Penalty: 12 months & 1 day incarceration (6 months suspended), 24 months probation, $8,000 fine
- Related Case: James H. Hedrick (FY85)
Source: EPA ECHO Enforcement Case Database
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