Donald Rogers, Hazardous Waste Violation, KS 1995

Wichita, KS – Donald Rogers, owner of the now-defunct Kantex Company, was sentenced to probation and home confinement in September 1995 following a guilty plea to federal hazardous waste violations. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of disregard for environmental regulations and resulted in costly remediation efforts at two unpermitted storage sites in Kansas.

According to court documents, Rogers operated Kantex, storing significant quantities of hazardous waste without the required permits or adherence to safety protocols. The EPA initiated an investigation after discovering the sites, which posed a potential threat to public health and the environment. Investigators found evidence of improper storage and handling of materials, leading to concerns about potential soil and water contamination.

Rogers was initially indicted on December 13, 1994, facing four separate counts under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The indictment specifically alleged three violations of 42 U.S.C. 6928(d)(5), 42 U.S.C. 6928(d)(2)(A), and 42 U.S.C. 6928(d)(2)(C) – all pertaining to the illegal disposal of hazardous waste. The fourth count, a violation of 42 U.S.C. 9603(b)(3), stemmed from Rogers’ failure to notify the appropriate authorities regarding the hazardous materials stored on the property, a critical component of environmental safety regulations.

Facing mounting evidence, Rogers ultimately pled guilty to a single count of violating RCRA on May 30, 1995. In exchange for the plea, prosecutors agreed to dismiss the remaining charges. While the full scope of the hazardous materials involved remains partially obscured in public records, the EPA was forced to undertake significant remediation work at both Kantex storage locations to mitigate the environmental damage caused by Rogers’ actions.

On September 1, 1995, Rogers received a sentence of 36 months probation, with a mandatory six months of home confinement. The court also ordered him to pay $4.97 per day to cover the costs of electronic monitoring during his home confinement, as well as a $50 special assessment fee. Critics at the time questioned whether the penalty adequately reflected the severity of the environmental damage and the potential long-term health risks associated with improper hazardous waste disposal.

The case serves as a stark reminder of the importance of strict adherence to environmental regulations and the potential consequences of prioritizing profit over public safety. The EPA continues to aggressively pursue enforcement actions against individuals and companies that violate RCRA and CERCLA, aiming to protect communities from the dangers of hazardous waste.

Table of Contents

Key Facts

Defendant: Donald Rogers
Company: Kantex Company
State: Kansas
Year: 1995
Violations: Resource Conservation and Recovery Act (RCRA) – 42 U.S.C. 6928(d)(5), 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(2)(C) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – 42 U.S.C. 9603(b)(3)
Penalty: 36 months probation, 6 months home confinement, $4.97/day electronic monitoring fee, $50 assessment.
Details: Operated two unpermitted hazardous waste storage sites requiring EPA remediation.

Source: EPA ECHO Enforcement Case Database

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