HOUSTON, TX – Destara Chemicals, a Texas-based toll facility, was slapped with federal penalties in 1998 after pleading guilty to violations of the Resource Conservation and Recovery Act (RCRA). The case, brought forth by the Environmental Protection Agency (EPA), stemmed from concerns raised in 1995 regarding the improper handling and prolonged storage of hazardous waste at the company’s facility.
According to court documents, Destara operated as a toll facility – meaning it processed hazardous waste for other companies. A critical stipulation of their operation was a 24-hour limit on the amount of hazardous waste allowed on-site. However, multiple businesses expressed alarm that the materials they shipped to Destara were remaining at the facility far beyond the permitted timeframe. This raised fears of potential environmental contamination and regulatory breaches.
The hazardous waste in question consisted of a cocktail of dangerous chlorinated solvents, including chloroform, carbon tetrachloride, perchloroethylene, 1,1,1-trichloroethylene, and methylene chloride. These substances pose significant risks to human health and the environment if not managed correctly. The EPA’s investigation revealed that Destara had not only exceeded the allowable storage time but had also failed to accurately report the volume and nature of the waste it was handling.
Legal Ramifications
On December 5, 1997, Destara Chemicals was formally charged with violating sections 42 U.S.C. 6928(d)(2)(A) and 42 U.S.C. 6928(d)(3) of RCRA. The first charge relates to knowingly treating, storing, or disposing of hazardous waste without a proper permit. The second charge centers around knowingly omitting material information – in this case, regarding the quantity and duration of hazardous waste storage. Destara and an individual, Pergens, both entered guilty pleas.
Sentencing and Penalties
The sentencing, handed down on April 3, 1998, reflected the seriousness of the offenses. Destara Chemicals was placed on 24 months of federal probation and ordered to pay a $50,000 fine. Additionally, Pergens, an individual associated with the company, received a 24-month probation sentence, 100 hours of community service, and a $1,500 fine. The penalties underscore the EPA’s commitment to enforcing RCRA regulations and holding companies accountable for irresponsible hazardous waste management practices.
Key Facts
- Defendant: Destara Chemicals
- Location: Texas
- Year: 1998
- Violated Laws: 42 U.S.C. 6928(d)(2)(A) & 42 U.S.C. 6928(d)(3) – RCRA
- Hazardous Waste: Chlorinated solvents (chloroform, carbon tetrachloride, etc.)
- Penalties: $50,000 fine for Destara, 24 months probation; $1,500 fine & 100 hrs community service for Pergens
- Violation: Exceeded 24-hour storage limit for hazardous waste and falsified reporting
This case serves as a stark reminder to all facilities handling hazardous materials that strict adherence to environmental regulations is paramount. The EPA continues to prioritize the investigation and prosecution of RCRA violations to protect public health and the environment.
Source: EPA ECHO Enforcement Case Database
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