Benjamin Grafton, Environmental Crime, MS 1997

JACKSON, MS – A former employee of Arizona Chemical Co. has been sentenced for his role in a deliberate scheme to defraud environmental regulators and illegally handle hazardous waste at the company’s southern Mississippi plants. Benjamin Grafton, along with two other former employees, engaged in a calculated effort to manipulate wastewater treatment processes and mischaracterize dangerous materials, ultimately leading to criminal charges and significant penalties.

The Environmental Protection Agency’s (EPA) criminal investigation revealed that Grafton, alongside Gary Boris and Benny Joe Surratt, systematically diluted wastewater effluent and manipulated flow measurements. This deceptive practice was designed to falsely indicate that Arizona Chemical Co. was adhering to the limits set forth in its Clean Water Act discharge permit. The manipulation allowed the company to avoid costly upgrades to its wastewater treatment facilities and continue polluting Mississippi waterways.

Beyond the water pollution violations, Boris was also found to have illegally stored hazardous waste on site. To further conceal these activities, Boris intentionally mislabeled hazardous waste as innocuous “cleaning oil,” a blatant attempt to evade detection and proper disposal procedures as mandated by the Resource Conservation and Recovery Act (RCRA). This disregard for environmental regulations posed a significant risk to public health and the surrounding ecosystem.

The case unfolded following an initial guilty plea by Arizona Chemical Co. itself on September 26, 1996. The company was slapped with a $2.5 million criminal fine and ordered to pay $1.5 million in restitution to the state of Mississippi. They were also placed on three years of probation. This corporate conviction paved the way for the prosecution of the individuals directly responsible for the criminal activity.

On April 18, 1997, Grafton received a sentence of one year of probation, including six months of home confinement, and a $20,000 fine. Boris faced a more severe penalty, receiving a year and a day in prison, along with a $10,000 fine. Surratt received the same sentence as Grafton: one year probation with six months of home confinement and a $20,000 fine. While the sentences may seem lenient by today’s standards, they represented a significant enforcement action during that era of environmental crime prosecution.

Key Facts

Defendant: Benjamin Grafton, Gary Boris, Benny Joe Surratt
Location: Southern Mississippi
Company: Arizona Chemical Co.
Statutes Violated: 33 U.S.C. 1319 (Clean Water Act), 33 U.S.C. 1319(c)(4) (Clean Water Act), 33 U.S.C. 1319(c)(2) (Clean Water Act), 42 U.S.C. 6901 (Resource Conservation and Recovery Act)
Penalties: Grafton – 1 year probation, 6 months home confinement, $20,000 fine; Boris – 1 year & 1 day imprisonment, $10,000 fine; Surratt – 1 year probation, 6 months home confinement, $20,000 fine; Arizona Chemical Co. – $2.5M fine, $1.5M restitution, 3 years probation.
Crime: Illegal manipulation of wastewater treatment and mischaracterization of hazardous waste.

GrimyTimes will continue to follow environmental crime cases and report on efforts to hold polluters accountable for their actions. This case serves as a stark reminder that manipulating environmental regulations and endangering communities carries serious legal consequences.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases