Dal-Tile, Hazardous Waste, TX 1993

Dallas, TX – In a landmark case highlighting corporate environmental crime, Dal-Tile, one of the world’s largest ceramic tile manufacturers, and two of its top executives faced federal charges in 1993 for illegally disposing of hazardous waste. The case, stemming from activities at the company’s Dallas, Texas facility, resulted in significant penalties, including hefty fines, probation, and a substantial investment in community environmental programs.

Robert Brittingham, who oversaw operations at the Dal-Tile plant, and John Lomonaco, the former President of Dal-Tile, were indicted on seventeen counts in January 1992. The charges included one count of conspiracy (18 U.S.C. 371), eight counts of transporting hazardous waste to an unpermitted facility, and eight counts of illegally disposing of hazardous waste – all violations of the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(1) and 42 U.S.C. 6928(d)(2)(A). The indictment alleged a deliberate scheme to circumvent environmental regulations and cut costs by improperly handling and discarding hazardous materials generated during the ceramic tile manufacturing process.

The trial, which commenced in March 1993, featured weeks of testimony detailing the company’s practices. While the jury acquitted the defendants on the conspiracy charge, they found Brittingham and Lomonaco guilty on sixteen of the seventeen counts related to the illegal transportation and disposal of hazardous waste. The verdict sent a clear message that environmental regulations would be enforced, even against large corporations and their leadership.

Sentencing, delivered on May 21, 1993, reflected the seriousness of the offenses. Brittingham received sixty months of probation and was ordered to pay a $4 million fine. Lomonaco faced the same terms, with a $2 million fine. Beyond financial penalties and probationary periods, the court mandated over 8,000 hours of community service for both men. However, the court didn’t stop there. Recognizing the potential long-term impact of the illegal waste disposal, the judge ordered the defendants to establish a $6 million trust fund.

Community Impact & Environmental Education

The $6 million trust fund was specifically earmarked for the betterment of the Dallas community. A significant portion, approximately $6 million, was dedicated to enhancing the Dallas Public Schools Environmental Education Center. This included the construction of a new 26,000 square foot learning center, designed to educate students about environmental issues, particularly lead exposure. The program also focused on lead testing for children and identifying potential learning disabilities linked to lead poisoning. This demonstrated a commitment to rectifying the harm caused by the illegal disposal and investing in the future health of the community.

Key Facts

• Defendant: Dal-Tile, Robert Brittingham, John Lomonaco
• Crime: Illegal hazardous waste disposal & transportation
• State: Texas
• Year: 1993
• Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A)
• Penalties: Brittingham – 60 months probation, $4M fine. Lomonaco – 60 months probation, $2M fine. 8,000+ hours community service. $6M trust fund for lead abatement & education.
• Note: The individual fines were among the largest ever levied in an EPA criminal enforcement case at the time.

The Dal-Tile case remains a significant example of the EPA’s commitment to prosecuting environmental crimes. It underscores the importance of corporate responsibility and the severe consequences of prioritizing profit over environmental protection and public health. The substantial fines and community investment serve as a deterrent to others who might consider similar violations.

Source: EPA ECHO Enforcement Case Database

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