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 a substantial cleanup burden to the property owner. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of improper hazardous waste management and the financial consequences for those who flout environmental regulations.
According to court documents, Blevins knowingly stored ignitable hazardous waste on property rented from Norfolk and Southern Railroad (NSR) in Mullens without obtaining the necessary permits from the West Virginia Department of Environmental Protection. CFC utilized paints and solvents in its commercial painting operations, inevitably generating hazardous waste materials. Despite this, the company failed to comply with federal and state regulations governing the treatment, storage, and disposal of such substances.
The violation came to light after CFC abandoned the property. NSR personnel discovered over 50 containers and drums filled with the hazardous waste stored within a building on the site. The railroad company was then forced to undertake a costly remediation effort. NSR spent $14,390 solely on the proper removal and disposal of the drums, with further site cleanup activities estimated between $75,000 and $100,000.
On May 13, 2009, Blevins pleaded 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 plea was accepted by the court, leading to a sentence of three months and fourteen days incarceration, followed by a two-year probationary period.
Penalties & Restitution
In addition to the jail time and probation, Blevins was ordered to pay $18,755 in restitution to Norfolk and Southern Railroad to help offset the costs associated with the cleanup. A $100 federal fine was also levied. This case serves as a stark warning to businesses handling hazardous materials: failing to adhere to RCRA regulations carries significant legal and financial repercussions.
Key Facts
- Defendant: David Blevins
- Company: Clear Fork Coatings, Inc. (CFC)
- Location: Mullens, West Virginia
- Statute Violated: 42 U.S.C. § 6928(d)(2)(A) – RCRA violation for storing hazardous waste without a permit.
- Restitution: $18,755 to Norfolk and Southern Railroad
- Sentence: 3 months and 14 days incarceration, 2 years probation, $100 fine
- Cleanup Costs: NSR spent $14,390 on drum removal and $75,000-$100,000 on total site cleanup.
The EPA continues to prioritize enforcement of environmental laws to protect public health and the environment. This case demonstrates the agency’s commitment to holding individuals and companies accountable for irresponsible hazardous waste management practices.
Source: EPA ECHO Enforcement Case Database
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