American Ecology Recycle Center, Haz Waste Violations, TN 2004

White Pine, TN – American Ecology Recycle Center, Inc. (AERC) faced federal charges and penalties in 2004 for multiple violations of the Resource Conservation and Recovery Act (RCRA), stemming from improper handling and disposal of hazardous waste at its Tennessee facility. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of non-compliance dating back to the company’s acquisition of the Quadrex Recycle Center in 1994.

The roots of the legal trouble trace back to a 1994 fire that destroyed Quadrex’s chemline, a unit used for decontaminating metals. This left approximately 29,000 gallons of hazardous residues unattended. While AERC entered into a consent order with the EPA in 1997 to address this legacy waste, subsequent investigations uncovered further violations. A 1999 search warrant execution revealed 28 drums containing over 15,000 pounds of hazardous waste improperly stored on site. The company initially agreed to a $100,000 civil penalty related to these findings.

However, the EPA’s investigation broadened to include allegations of *knowing* violations of RCRA regulations. On July 1, 2002, AERC was formally charged with knowingly treating, storing, or disposing of hazardous waste without a permit – a direct violation of 42 U.S.C. 6928(d)(2)(A). The company ultimately pled guilty to this charge and was sentenced on August 8, 2002, to a $10,000 federal fine and a $400 special assessment. This conviction signaled a serious breach of environmental regulations and a failure to adhere to established safety protocols.

The investigation didn’t stop at the corporate level. Victor G. Lomnicki, AERC’s Director of Regulatory Compliance, became a target in the probe. He was charged on December 2, 2003, with violating 42 U.S.C. 6928(d)(5) – knowingly transporting hazardous waste without a manifest – and with being an accessory after the fact, as defined by 18 U.S.C. 3. The charges stemmed from an incident where Field Service Manager Thomas G. Bengel transported a drum of 1,1,1-trichloroethane hazardous waste from the AERC facility without the legally required shipping manifest. Lomnicki allegedly attempted to mislead investigators, claiming the material was *not* hazardous waste.

Lomnicki ultimately pled guilty on April 5, 2004, and received a sentence of 60 months probation, along with a $1,000 fine and a $25 special assessment. The combined penalties levied against both the company and its regulatory compliance director underscore the EPA’s commitment to holding organizations and individuals accountable for environmental crimes. The case serves as a stark warning to other facilities handling hazardous materials about the severe consequences of non-compliance with RCRA regulations. The long-term environmental impact of the improperly stored and transported waste remains a concern for local communities.

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Key Facts

Defendant: American Ecology Recycle Center, Inc.
Location: White Pine, Tennessee
Year of Conviction: 2004
Violated Laws: 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(5), 18 U.S.C. 3
Company Penalty: $10,000 fine + $400 assessment + $100,000 civil penalty
Victor Lomnicki Penalty: 60 months probation + $1,000 fine + $25 assessment
Waste Involved: Radioactive waste, scrap metals, contaminated equipment, 1,1,1-trichloroethane, and residues from a destroyed chemline.

Source: EPA ECHO Enforcement Case Database

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