Derald Armstrong, Hazardous Waste Crime, TX 1999

HOUSTON, TX – Derald Armstrong, former President and Director of Operations for Esco Elevators, was sentenced in January 1999 following a guilty plea to federal charges stemming from the illegal disposal of hazardous waste. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate effort to circumvent environmental regulations and endanger public health and the environment.

Esco Elevators, a manufacturer of commercial elevators, generated hazardous waste as a byproduct of its operations. Rather than properly manage and dispose of this waste through licensed facilities, Armstrong and production manager, [name of Wanjura not provided in source data], orchestrated a scheme to illegally transport the materials. The pair directed the removal of drums containing the hazardous waste from the Esco Elevators plant.

The investigation uncovered that the hazardous waste was not sent to a permitted treatment, storage, or disposal facility, as required by law. Instead, the waste was transported to the private residence of an employee located in a rural area of Texas. This act not only violated federal regulations but also placed the employee, their family, and the surrounding community at risk of exposure to potentially dangerous substances. Initial indictments in August 1998, brought against individual defendants, were dismissed prior to the trial of Armstrong and Wanjura.

The defendants ultimately pled guilty to three counts of violating the Resource Conservation and Recovery Act (RCRA). Specifically, they were convicted of knowingly transporting hazardous waste without a manifest – a detailed tracking document required for legal transport – in violation of 42 U.S.C. 6928(d)(5). They were also found guilty of knowingly transporting hazardous waste without proper authorization, a violation of 42 U.S.C. 6928(d)(1).

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Sentencing and Penalties

On January 22, 1999, both Armstrong and Wanjura received a six-month prison sentence. In addition to their incarceration, each defendant was placed on 12 months of probation and ordered to pay a $2,000 federal fine. While the sentences appear relatively lenient by today’s standards, the case highlights the EPA’s commitment to pursuing criminal enforcement of environmental laws, even in the late 1990s.

The case serves as a stark reminder to businesses that proper hazardous waste management is not merely a matter of compliance, but a crucial responsibility to protect public health and the environment. Failure to adhere to these regulations can result in severe penalties, including imprisonment and substantial financial repercussions.

Key Facts

Defendant: Derald Armstrong (and co-defendant, Wanjura)
Company: Esco Elevators
State: Texas
Year: 1999
Crime: Illegal Hazardous Waste Disposal
Statutes Violated: 42 U.S.C. 6928(d)(5), 42 U.S.C. 6928(d)(1)
Penalties: 6 months incarceration, 12 months probation, $2,000 fine (per defendant)
Waste Disposal Method: Transported to an employee’s residence

Source: EPA ECHO Enforcement Case Database

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