Cleanmex International, Hazardous Waste Misreporting, Texas 2001

Brownsville, TX – Cleanmex International, a Texas-based hazardous waste transporter, was convicted of federal crimes related to the illegal handling and misreporting of industrial waste originating from maquiladora plants in Mexico. The case, brought by the Environmental Protection Agency (EPA), highlights a pattern of deceit intended to circumvent regulations governing the disposal of hazardous materials.

According to court documents, Cleanmex routinely transported hazardous waste across the border from Mexican manufacturing facilities – known as maquiladoras – to designated Treatment, Storage, and Disposal Facilities (TSDFs) within the United States. However, in December 1995, the company knowingly falsified a hazardous waste manifest, a crucial tracking document required by federal law. The manifest falsely claimed that paint waste imported through Brownsville, Texas, had been delivered to a licensed TSDF within the state.

The EPA’s investigation revealed that, contrary to the submitted manifest, the hazardous paint waste was not disposed of properly in the U.S. Instead, Cleanmex illegally transported the material *back* into Mexico and deposited it at an unpermitted waste disposal facility. This action not only violated federal regulations but also potentially exposed both the environment and public health to significant risks.

Legal Ramifications

On December 19, 2000, Cleanmex International was formally charged with one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(3), which criminalizes the knowing omission of material facts on hazardous waste documentation. The company subsequently entered a guilty plea to the charge. The EPA’s pursuit of the case underscores the agency’s commitment to enforcing environmental laws and holding companies accountable for fraudulent practices.

Sentencing and Penalties

On April 5, 2001, the court handed down its sentence. Cleanmex International was placed on 12 months of probation and ordered to pay a $3,000 federal fine. While the financial penalty may appear modest, legal experts suggest the conviction serves as a deterrent to other companies considering similar illegal activities. The case also demonstrates the importance of accurate record-keeping and compliance with hazardous waste regulations, especially concerning cross-border shipments.

Key Facts

• Defendant: Cleanmex International
• Location: Brownsville, Texas
• Crime: Falsifying hazardous waste manifests and illegal cross-border transportation of hazardous waste.
• Statute Violated: 42 U.S.C. 6928(d)(3) – Resource Conservation and Recovery Act (RCRA)
• Penalty: 12 months probation and $3,000 federal fine.
• Waste Origin: Hazardous waste generated by maquiladora plants in Mexico.

The GrimyTimes will continue to follow developments in environmental crime and report on efforts to protect communities from illegal pollution and hazardous waste practices.

Source: EPA ECHO Enforcement Case Database

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