West Haven, CT – Cover-It, Inc., a Connecticut manufacturer of portable garage shelters, was brought to justice in 2000 following a brazen scheme to illegally dump hazardous waste, evading environmental regulations and endangering public health. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), revealed a calculated effort to disguise and abandon drums of chromium-contaminated waste at public locations across the state.
In March 1997, authorities discovered a total of seventeen 55-gallon drums containing hazardous chromium waste at two separate locations: a truck lot near the New Haven Terminal and the Secondi Brothers truck stop in Milford, CT. The contents of several drums had spilled, necessitating an immediate environmental cleanup operation. The Connecticut Department of Environmental Protection (DEP) quickly traced the origin of the waste back to Cover-It, Inc. Initially, the company claimed the drums were removed by a fictitious waste hauler.
However, investigators soon uncovered damning evidence. A review of Cover-It’s corporate security footage revealed Michael Knapp and James Hawley, company employees, actively altering the labels on numerous drums of hazardous waste on the evening of March 7, 1997. The footage showed the pair scraping off original markings and repainting the drums, likely to conceal their hazardous contents. The following morning, these relabeled drums were loaded onto a Cover-It tractor-trailer and illegally transported to the abandonment sites. Exposure to chromium, even in relatively low levels, is known to cause a variety of health issues in humans, including respiratory problems, skin irritation, and potential carcinogenic effects.
Legal Ramifications and Penalties
The defendants were indicted in April 1998 on charges of violating the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(5) – and conspiracy, 18 U.S.C. 371. These charges included knowingly transporting, treating, storing, and disposing of hazardous waste without a permit, as well as knowingly omitting material information from waste manifests. Cover-It, Inc. pled guilty to the RCRA violations in December 1998.
Following a jury trial in May 1999, both Hawley and Knapp were convicted of RCRA violations and conspiracy, despite subsequent appeals. In December 1999, Cover-It, Inc. was sentenced to five years of probation, ordered to pay $12,749 in restitution to cover the environmental cleanup costs, and fined $150,000. As part of the sentence, the company was also mandated to hire an independent environmental consultant and ensure full compliance with all applicable environmental regulations going forward. Knapp and Hawley received sentences of five months of home confinement, followed by five months at a halfway house, and three years of probation. The U.S. Court of Appeals for the Second Circuit affirmed these convictions in November 2000, solidifying the outcome of the case.
Key Facts
- Defendant: Cover-It, Inc.
- Location: West Haven, Connecticut
- Crime: Illegal dumping of hazardous chromium waste
- Dates of Dumping: March 10-11, 1997
- Evidence: Corporate security footage of label alteration
- Statutes Violated: RCRA (42 U.S.C. 6928(d)(1), (2)(A), (5)), 18 U.S.C. 371
- Penalties: $150,000 fine for Cover-It, Inc., $12,749 restitution, probation for company and individuals.
This case serves as a stark reminder of the severe consequences awaiting those who prioritize profit over environmental responsibility and public safety. The EPA continues to aggressively pursue enforcement actions against companies and individuals who violate hazardous waste regulations, ensuring the protection of communities and ecosystems.
Source: EPA ECHO Enforcement Case Database
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