Dennis Nix, PCB Disposal Crime, MO 1992

Kingsville, Missouri – Dennis W. Nix, former president of AmerEco Environmental Services, Inc., avoided significant jail time despite admitting to the illegal disposal of hazardous materials under a contract with the U.S. Department of Defense. The case, brought forth by the Environmental Protection Agency (EPA), revealed a breach of trust and disregard for environmental regulations concerning polychlorinated biphenyls (PCBs).

AmerEco Environmental Services was contracted to handle the disposal of electrical transformers containing PCBs, chemicals once widely used in electrical equipment but now known to pose serious health and environmental risks. The Toxic Substances Control Act (TSCA) mandates strict regulations regarding the handling, storage, and disposal of PCBs to prevent contamination and protect public health. Federal prosecutors alleged that Nix and AmerEco knowingly circumvented these regulations.

The investigation, which culminated in charges on January 14, 1992, revealed that Nix conspired to improperly dispose of the PCB-containing transformers, failing to adhere to the established protocols for safe handling and disposal. Specifically, the government alleged violations of 15 U.S.C. 2615(b), which details requirements for the disposal of PCBs, and 18 U.S.C. 371, covering conspiracy to commit offenses against the United States. Further, Nix was charged with making false statements – a violation of 18 U.S.C. 1001 – related to the company’s compliance with TSCA regulations.

Facing mounting evidence, Nix entered a guilty plea on February 28, 1992, acknowledging his role in the scheme. While the potential penalties under the cited statutes could have resulted in substantial imprisonment and hefty fines, the sentencing on July 16, 1992, proved surprisingly lenient. Nix received four months of house arrest for each of the two counts – to be served concurrently – along with 36 months of probation per count, also concurrent. He was also ordered to pay a $50 special assessment fee.

The relatively light sentence has raised questions about the effectiveness of enforcement in environmental crimes, particularly when dealing with government contracts. Critics suggest the penalties do not adequately reflect the potential harm posed by improper PCB disposal, which can contaminate soil, water, and wildlife, and ultimately impact human health. The EPA continues to emphasize the importance of strict adherence to TSCA regulations, and the agency maintains ongoing oversight of PCB disposal facilities nationwide.

The case serves as a reminder of the critical need for vigilance in the handling of hazardous waste and the importance of holding individuals and companies accountable for environmental violations. While Nix avoided a lengthy prison term, the conviction stands as a record of his failure to uphold his responsibility to protect both the environment and the public.

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Key Facts

Defendant: Dennis W. Nix
Company: AmerEco Environmental Services, Inc.
Location: Kingsville, Missouri
Crime: Improper disposal of PCBs
Statutes Violated: 15 U.S.C. 2615(b), 18 U.S.C. 371, 18 U.S.C. 1001
Penalties: Four months house arrest (concurrent), 36 months probation (concurrent), $50 special assessment
Date of Plea: February 28, 1992
Date of Sentencing: July 16, 1992

Source: EPA ECHO Enforcement Case Database

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