Atlanta, GA – In 1988, Everett O. Harwell, president of Southeastern Waste Treatment, Inc., and company Vice President of Operations, were brought to justice for a brazen scheme involving the illegal disposal of hazardous electroplating waste. The case, originating in 1985, revealed a systematic disregard for environmental regulations and public safety, culminating in prison sentences and hefty fines for both men.
The investigation, led by the Environmental Protection Agency (EPA), uncovered that Southeastern Waste Treatment operated without the necessary permits to handle the dangerous materials. Instead of adhering to legal protocols, Harwell and Baggett allegedly transported the hazardous waste to an unpermitted facility and, in a particularly egregious act, poured significant quantities directly into the city’s sewage system. Further compounding the offenses, the pair filed false statements with the Georgia Environmental Protection Division, attempting to conceal their illicit activities and falsely claiming the waste had been properly incinerated.
Indictment and Plea
A 15-count indictment was initially returned on December 10, 1985, but remained sealed until the defendants’ arrest on December 11th. The charges included conspiracy to violate the Resource Conservation and Recovery Act (RCRA), multiple counts of making false statements, and violations related to the treatment, disposal, and transportation of hazardous waste. Baggett also faced a charge under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for failing to notify authorities of a hazardous substance release.
Facing mounting evidence, both Harwell and Baggett eventually entered guilty pleas in October 1986. Harwell admitted to one felony count of illegally treating and disposing of hazardous waste, as well as one count of making false statements. Baggett pleaded guilty to one count of transporting hazardous waste without a permit. These pleas, while reducing the scope of the original indictment, secured convictions for serious environmental crimes.
Sentencing and Penalties
On October 15, 1987, the court handed down its sentences. Harwell received a 36-month prison term and was ordered to pay a $20,000 fine. Baggett received a lighter sentence of 18 months incarceration, along with a $10,000 fine. The penalties reflected the severity of the offenses and the deliberate nature of the violations.
Legal Violations
The case hinged on several key statutes: 18 U.S.C. 371 (Conspiracy), 42 U.S.C. 6928(d)(2)(A) & 42 U.S.C. 6928(d)(1) (RCRA violations related to treatment, disposal, and transportation of hazardous waste), 18 U.S.C. 1001 (False Statements), and 42 U.S.C. 9603(b) (CERCLA failure to notify). The EPA’s successful prosecution served as a warning to other companies tempted to cut corners at the expense of environmental protection.
Key Facts
- Defendants: Everett O. Harwell (President, Southeastern Waste Treatment, Inc.) and Baggett (Vice President of Operations)
- Location: Georgia
- Year: 1988 (initial indictment 1985)
- Crime: Illegal disposal of hazardous electroplating waste
- Violated Laws: 18 U.S.C. 371, 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(1), 18 U.S.C. 1001, 42 U.S.C. 9603(b)
- Penalties: Harwell – 36 months imprisonment, $20,000 fine; Baggett – 18 months imprisonment, $10,000 fine
- Method of Disposal: Hazardous waste was transported to an unpermitted facility and illegally discharged into the city sewer system.
GrimyTimes will continue to follow environmental crime cases and report on those who endanger our communities.
Source: EPA ECHO Enforcement Case Database
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