Plainfield, NJ – Former precious metals recovery business owner Elliot Packer was sentenced in September 2000 following a guilty plea to a charge of illegally storing hazardous waste, a case stemming from a dangerous situation at his now-defunct Royal Recovery Systems, Inc. The case, investigated by the Environmental Protection Agency (EPA), revealed years of non-compliance with federal regulations and ultimately led to a costly Superfund cleanup.
According to court documents, Packer, as owner and operator of Royal Recovery Systems, stored containers filled with chemicals—including highly toxic cyanide compounds—without the necessary permits between approximately 1991 and 1995. Cyanide is a potent neurotoxin, and exposure to sufficient quantities can result in severe neurological damage or even death. The illicit storage created a significant public health and environmental risk.
The situation escalated in 1995 when a fire erupted at the Royal Recovery Systems facility. The blaze prompted an immediate EPA response, triggering a Superfund cleanup operation to remediate the site and mitigate the dangers posed by the improperly stored hazardous materials. The cleanup involved substantial resources and expense, ultimately forming the basis for the restitution order imposed on Packer.
Indictment and Sentencing
Packer was indicted on November 29, 1999, on one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. §6929(d)(2)(A), which prohibits the treatment, storage, or disposal of hazardous waste without a valid permit. He subsequently pled guilty to the charge, acknowledging his responsibility for the dangerous conditions at the Royal Recovery Systems facility.
On September 7, 2000, Judge sentenced Packer to six months of incarceration, followed by a five-year probationary period. The court also mandated 750 hours of community service as part of his rehabilitation. In addition to the jail time and community service, Packer was ordered to pay a $20,000 federal fine and $110,000 in restitution to the U.S. Treasury to cover the costs associated with the Superfund cleanup.
Regulatory Violations and Penalties
The case highlights the serious consequences of failing to comply with environmental regulations designed to protect public health and the environment. The Resource Conservation and Recovery Act (RCRA) establishes a “cradle-to-grave” system for managing hazardous waste, ensuring its safe handling from generation to disposal. Violations of RCRA can result in both criminal and civil penalties, including imprisonment, fines, and remediation costs. The specific statute violated, 42 U.S.C. §6928(e), addresses unlawful treatment, storage, or disposal of hazardous waste.
Key Facts
- Defendant: Elliot Packer
- Business: Royal Recovery Systems, Inc.
- Location: Plainfield, New Jersey
- Years of Violation: 1991-1995
- Statute Violated: 42 U.S.C. §6929(d)(2)(A) & 42 U.S.C. §6928(e) (RCRA)
- Hazardous Waste: Cyanide compounds
- Sentence: 6 months incarceration, 60 months probation, 750 hours community service
- Fines & Restitution: $20,000 fine + $110,000 restitution
- Triggering Event: Fire at Royal Recovery Systems facility
Source: EPA ECHO Enforcement Case Database
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