Louisville, KY – Equity Developers, operating as Abraham, Breeland and Co., was sentenced to a $5,000 fine and a $200 special assessment fee in July 1996 following a guilty plea to a violation of the Resource Conservation and Recovery Act (RCRA). The case stemmed from the improper disposal of hazardous waste left behind on a property the company leased.
The investigation began in February 1996 after a construction company reported the discovery of numerous 55-gallon drums dumped on their land. These drums originally belonged to A-1 Pressure Seal, a business renting property from Equity Developers. When A-1 Pressure Seal vacated the premises, its owner, identified as “Defendant #1” in court documents, abandoned the drums, intending to address their removal when financially able.
Instead of contacting the appropriate authorities, a partner within Equity Developers, “Defendant #2,” took matters into their own hands. While issuing a letter to the former tenant warning of the drums’ hazardous content and demanding their removal, Defendant #2 circumvented regulatory procedure. Rather than notifying the state environmental agency, they contracted with an individual to haul the drums away in a pick-up truck. Critically, the driver was unaware the drums contained hazardous materials.
The driver, believing the drums held innocuous waste, attempted to dispose of them at a construction site’s general dumping area – an illegal and dangerous practice. The subsequent discovery prompted the investigation, revealing a deliberate attempt to avoid the proper handling and disposal of potentially dangerous substances. The case highlights a concerning pattern of prioritizing cost-cutting over environmental responsibility and legal compliance.
Legal Ramifications
Equity Developers was charged with one count of violating 42 U.S.C. §6928(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA), specifically regarding the illegal disposal of hazardous waste. RCRA is the primary federal law governing the disposal of solid and hazardous waste. Violations can carry substantial fines and even imprisonment, depending on the severity and intent. While the corporate entity received a financial penalty, the individual defendants involved negotiated pre-trial diversion programs.
Diversion Agreements
In May 1996, both individual defendants entered into 12-month pre-trial diversion programs. Successful completion of these programs resulted in the dismissal of all charges against them. This arrangement allowed the individuals to avoid a criminal record, contingent upon adherence to the program’s requirements, which were not detailed in available court records. This outcome underscores the complexities of prosecuting environmental crimes, where individual culpability and corporate responsibility often intersect.
Key Facts
- Defendant: Equity Developers (Abraham, Breeland and Co.)
- Crime: Illegal disposal of hazardous waste
- Location: Kentucky
- Year: 1996
- Statute Violated: 42 U.S.C. §6928(d)(2)(A) (RCRA)
- Penalty: $5,000 fine + $200 special assessment
- Individual Defendants: Entered pre-trial diversion programs with charges dismissed upon completion.
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect communities from hazardous waste.
Source: EPA ECHO Enforcement Case Database
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