Davenport, IA – Darlene Franche, former owner of D.C. Franche & Company, a now-defunct paint manufacturing facility, was sentenced to 24 months probation in September 1998 for violating federal hazardous waste regulations. The case, stemming from the abandonment of a Davenport, Iowa facility, highlights the potential for environmental crimes even in the wake of business insolvency.
According to court documents, Franche inherited a 52% ownership stake in D.C. Franche & Company upon the death of the company president in 1993. The Davenport facility had, for years, been used to store hazardous waste – exceeding 200,000 pounds at its peak – generated by the paint manufacturing process. Crucially, the company never obtained the necessary permits to legally store such materials.
As the company’s financial situation deteriorated, Franche made the decision to cease operations at the main plant in Chicago in late 1994, surrendering the property to the holding bank. Simultaneously, she terminated the employment of a long-time employee who had been tasked with maintaining the Davenport site. This occurred despite knowing the Iowa property remained laden with untreated hazardous waste. Investigators allege Franche effectively abandoned the site, leaving a significant environmental liability.
The Environmental Protection Agency (EPA) initiated an investigation into the abandoned facility, uncovering the unpermitted storage of hazardous materials. Franche was indicted on two counts of violating the Resource Conservation and Recovery Act (RCRA) on June 20, 1997. The specific statute violated was 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing treatment, storage, or disposal of any hazardous waste without a permit.
Franche ultimately pled guilty to one count of the RCRA violation on June 16, 1998. While no monetary fine was imposed, the 24-month probationary sentence underscores the seriousness with which federal authorities treat illegal hazardous waste handling. The case serves as a warning to business owners that responsibility for environmental compliance extends even to the point of closure and potential bankruptcy.
The abandonment of hazardous waste sites presents significant risks to public health and the environment, requiring costly remediation efforts. While the financial woes of D.C. Franche & Company were a contributing factor, investigators maintain that Franche’s actions constituted a deliberate disregard for environmental regulations. The full extent of the environmental impact at the Davenport site remains under investigation, though the EPA has indicated plans for future cleanup operations.
Key Facts
- Defendant: Darlene Franche
- Company: D.C. Franche & Company (Paint Manufacturing)
- Location: Davenport, Iowa
- Year of Offense: 1994-1995
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – RCRA violation (unpermitted hazardous waste storage)
- Penalty: 24 months probation, no fine
- Hazardous Waste Amount: Over 200,000 pounds
- Circumstances: Company insolvency and abandonment of facility
Source: EPA ECHO Enforcement Case Database
