Lawrence, KS – David Moeller, owner of Midwest Surplus Inc., was sentenced in April 2009 following a guilty plea to federal hazardous waste violations. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of non-compliance regarding the storage of hazardous materials at the company’s Lawrence and Topeka, Kansas locations.
According to court documents, Moeller knowingly stored containers of waste paint and stain without obtaining the necessary permits required under the Resource Conservation and Recovery Act (RCRA). The violations weren’t a sudden occurrence; the Kansas Department of Health and Environment (KDHE) had repeatedly granted extensions – a total of six – to Midwest Surplus, at Moeller’s request, hoping the company would achieve regulatory compliance. These extensions proved insufficient, ultimately leading to federal criminal charges.
The initial indictment, filed on September 5, 2007, charged Moeller with three counts of violating 42 U.S.C. §6928(d)(2)(A), specifically the knowing violation of RCRA regulations concerning the storage of hazardous waste. The EPA’s investigation highlighted concerns about the potential for environmental contamination and public health risks posed by the improperly stored materials. Sources close to the investigation indicate that KDHE inspectors had documented issues with container integrity and the lack of proper secondary containment, increasing the risk of spills and leaks.
Despite the repeated warnings and extensions, Midwest Surplus failed to rectify the hazardous waste storage issues. This deliberate disregard for environmental regulations prompted federal intervention. The EPA’s Criminal Investigation Division worked in conjunction with the United States Attorney’s Office for the District of Kansas to build the case against Moeller and secure the guilty plea.
Penalties and Aftermath
On September 5, 2007, Moeller entered a guilty plea to the charges. On April 7, 2009, he was sentenced to 24 months of probation and ordered to pay a $5,000 federal fine. While the financial penalty and probationary period represent a measure of accountability, environmental advocates argue that such penalties are often insufficient to deter similar violations by other companies. The case serves as a stark reminder of the importance of proper hazardous waste management and the potential consequences of non-compliance.
Key Facts
- Defendant: David Moeller, Midwest Surplus Inc.
- Location: Lawrence & Topeka, Kansas
- Year: 2009
- Statute Violated: 42 U.S.C. §6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Charges: Three counts of knowingly violating RCRA regulations regarding hazardous waste storage.
- Penalty: 24 months probation and a $5,000 federal fine.
- Compliance History: KDHE granted six extensions to Midwest Surplus to achieve compliance before federal charges were filed.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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