Mullens, WV – David Blevins, co-owner of the now-defunct Clear Fork Coatings, Inc. (CFC), was sentenced this week for illegally storing hazardous waste at a West Virginia facility, leaving the property owner with a hefty cleanup bill. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of improper hazardous waste management and the financial burden it places on unsuspecting landowners.
According to court documents, Blevins knowingly operated CFC, a commercial painting company, without securing the necessary permits for storing the hazardous waste generated by their operations. CFC rented property from Norfolk and Southern Railroad (NSR) in Mullens, West Virginia, and despite using paints and solvents that qualified as hazardous waste under federal regulations, the company failed to obtain a permit from the West Virginia Department of Environmental Protection.
The situation came to light when CFC abandoned the property, leaving behind a toxic legacy. NSR discovered over 50 containers and drums filled with ignitable hazardous waste inside a storage building. Faced with a significant environmental hazard, NSR was forced to undertake a costly cleanup operation. The railroad spent $14,390 solely on the removal and proper disposal of the drums, with total cleanup costs estimated between $75,000 and $100,000, encompassing broader site remediation efforts.
On May 13, 2009, Blevins pled guilty to one count of violating the Resource Conservation and Recovery Act (RCRA) – specifically, 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing treatment, storage, or disposal of hazardous waste without a permit. The EPA’s criminal enforcement program aims to deter illegal hazardous waste practices and ensure accountability for those who endanger public health and the environment.
The court handed down a sentence of three months and fourteen days incarceration, followed by a two-year probationary period. Blevins was also ordered to pay $18,755 in restitution to NSR to help cover the costs of the cleanup, and a $100 federal fine was levied. Prosecutors emphasized the seriousness of the offense, arguing that Blevins’s negligence created a substantial risk to the environment and the community.
This case serves as a stark reminder to businesses handling hazardous materials that compliance with environmental regulations is not optional. Failure to adhere to RCRA guidelines can result in significant legal and financial consequences, as well as lasting damage to the environment. The EPA continues to actively investigate and prosecute violations of environmental laws, protecting communities from the dangers of improper waste disposal.
Key Facts
- Defendant: David Blevins
- Company: Clear Fork Coatings, Inc. (CFC)
- Location: Mullens, West Virginia
- Year: 2009
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – RCRA violation (unpermitted hazardous waste storage)
- Restitution: $18,755 to Norfolk and Southern Railroad
- Sentence: 3 months & 14 days incarceration, 2 years probation, $100 fine
- Cleanup Costs: $14,390 (drum removal) + $75,000-$100,000 (total site cleanup)
Source: EPA ECHO Enforcement Case Database
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