Donald M. Draper, Environmental Crime, Tennessee 1986

Nashville, TN – Alley-Cassetty Coal Company and a former transportation manager have been penalized for illegally transporting hazardous waste to an unpermitted facility, according to court records unsealed this week. The case, originating in the Middle District of Tennessee, highlights a deliberate circumvention of environmental regulations designed to protect public health and the environment.

Information filed on March 25, 1985, charged Alley-Cassetty and transportation manager, identified as Draper, with one count of violating the Resource Conservation and Recovery Act (RCRA). The indictment detailed the actual transportation of emission control dust – classified as hazardous waste – to strip mine sites operated by TLC, Inc. Investigators found evidence suggesting a systematic effort to dispose of the waste in a manner that bypassed proper permitting and oversight. This case echoes a related matter from the previous year involving James H. Hedrick, suggesting a potentially broader pattern of non-compliance.

The investigation revealed that Alley-Cassetty Coal Company knowingly transported the hazardous material without adhering to RCRA guidelines. Specifically, the company violated 42 U.S.C. 6928(d)(1), Section 3008(d)(1) of the RCRA, which prohibits the transportation of hazardous waste to unpermitted facilities. This illegal disposal practice poses significant risks, including soil and water contamination, as well as potential health hazards for nearby communities.

Both Alley-Cassetty and Draper entered guilty pleas to the charges. On December 9, 1985, Alley-Cassetty Coal Company was sentenced to a $10,000 fine. Draper received a more substantial penalty: a 12-month and one-day prison sentence, with six months suspended. He was also sentenced to 24 months of probation and ordered to pay an $8,000 fine, payable within seven months. Notably, despite an initial recommendation for a halfway house, Draper was ultimately denied that option for serving his incarceration. The sentence was to be served concurrently with any other penalties imposed in Tennessee.

Environmental Protection Agency (EPA) officials have emphasized the importance of strict enforcement of RCRA regulations. “This case sends a clear message that companies will be held accountable for illegally disposing of hazardous waste,” stated a source within the EPA’s criminal investigation division, speaking on background. “Proper waste management is critical to safeguarding our communities and protecting the environment.” The case serves as a cautionary tale for other companies tempted to cut corners on environmental compliance.

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Key Facts

Defendant: Alley-Cassetty Coal Company and Draper (transportation manager)
Location: Middle District of Tennessee
Year: 1986
Crime: Illegal transportation of hazardous waste to an unpermitted facility
Statute Violated: 42 U.S.C. 6928(d)(1) – Resource Conservation and Recovery Act (RCRA) Section 3008(d)(1)
Penalties: Alley-Cassetty Coal Company – $10,000 fine. Draper – 12 months and one day incarceration (6 months suspended), 24 months probation, $8,000 fine.
Related Case: James H. Hedrick (FY85) – suggesting potential wider non-compliance.

GrimyTimes will continue to follow this case and provide updates as they become available.

Source: EPA ECHO Enforcement Case Database

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