OWEGO, NY – Brian Davis, owner of Large Car LLC in Tioga County, New York, has been sentenced to over a year in federal prison for the illegal handling and disposal of hazardous waste. The sentencing, handed down on November 24, 2015, concludes a case brought by federal and state environmental authorities, highlighting the serious consequences of improperly managing toxic materials.
According to court documents, Davis agreed in June 2013 to remove hazardous chemicals – including arsenic, chromium, lead, and selenium – from a bankrupt waste generator in New Hampshire. Despite lacking the necessary permits or environmental licenses, Davis transported the waste to his Large Car LLC facility in Owego. Over the following year, he treated, stored, and disposed of the chemicals in a manner that flagrantly violated federal regulations.
Investigators found that Davis failed to properly label the stored waste, nor did he isolate incompatible materials or protect them from the elements. More alarmingly, he resorted to dangerous and illegal disposal methods, including igniting and evaporating the waste, mixing it with other substances, and shipping it to offsite locations without proper documentation. This practice bypassed critical tracking mechanisms designed to ensure responsible waste management and prevent environmental contamination.
Legal Ramifications
Davis pleaded guilty to one felony count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A). This section of RCRA prohibits the treatment, storage, or disposal of hazardous waste without a permit. The illegal disposal of hazardous chemicals poses significant risks to both public health and the environment, potentially contaminating soil, water sources, and air quality.
The United States Attorney for the Northern District of New York, Richard S. Hartunian, emphasized the severity of the offense. “The illegal disposal of hazardous chemicals contaminates the environment and endangers public health,” Hartunian stated. “The defendant’s disregard of the statutory requirements that protect people and natural resources risked great harm.” Vernesa Jones-Allen, Special Agent in Charge of the EPA’s Criminal Investigation Division, echoed this sentiment, highlighting the importance of compliance with environmental laws.
A Collaborative Investigation
The case was a collaborative effort between the EPA’s Criminal Investigation Division, the New York State Department of Environmental Conservation (DEC), and the U.S. Attorney’s Office. Acting DEC Commissioner Basil Seggos noted the successful partnership, stating that the sentencing “should send a strong message that New York State has zero tolerance for those who shirk environmental policies and procedures.” Assistant U.S. Attorney Michael F. Perry prosecuted the case.
Key Facts
- Defendant: Brian Davis
- Company: Large Car LLC
- Location: Owego, New York
- Crime: Illegal treatment, storage, and disposal of hazardous waste
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Sentence: One year and one day in prison, $5,000 fine, three years of supervised release
- Hazardous Materials: Arsenic, chromium, lead, and selenium
The sentencing of Brian Davis serves as a stark reminder that environmental crimes carry significant legal penalties and underscores the commitment of federal and state agencies to protecting communities from the dangers of improperly managed hazardous waste.
Source: EPA ECHO Enforcement Case Database
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