Charleston, WV – The owner and operator of Executive Air, a fueling and servicing company at Yeager Airport in Charleston, West Virginia, were convicted of federal crimes related to the illegal storage and disposal of hazardous waste. Brian Scott Miller, owner and president of Executive Air Terminal, Inc., and the corporation itself, pled guilty in May 2018 to Aiding and Abetting the Storage of Hazardous Waste without a Permit, a felony offense under federal law.
The investigation, spearheaded by the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), revealed a pattern of negligence and deliberate concealment. From September 2015, Executive Air accumulated a significant quantity of hazardous waste – a byproduct of their aircraft fueling operations – totaling 37 55-gallon drums. Of those, 27 were determined to be hazardous under federal regulations, containing a dangerous mix of oil, aviation gas, and jet fuel, exhibiting both ignitability and toxicity.
Instead of adhering to strict federal regulations governing hazardous waste management, which require a permit for storing such quantities, Miller directed his employees to illegally dispose of the drums. In a clandestine operation during September 2015, the drums were transported under the cover of darkness from the Yeager Airport facility to a farm outside Charleston. They were then moved *again* to a building within the city limits before being discovered by EPA-CID agents in November 2015. The improper handling and storage of these materials posed a substantial risk to both human health and the environment.
Illegal Dumping & Cover-Up
The illegal dumping scheme wasn’t simply a matter of cost-cutting; it represented a conscious effort to circumvent environmental laws. Miller admitted in his plea agreement that he was aware of the accumulating hazardous waste and directly instructed employees to move the drums, bypassing the required use of a licensed hazardous waste hauler. The waste was ultimately sent to a licensed disposal facility *after* its discovery by authorities, incurring significant costs for proper remediation.
Penalties & Fallout
The actions of Executive Air and Miller resulted in significant penalties. On October 11, 2018, Miller was sentenced to sixty days of incarceration and fined $5,000. Executive Air Terminal, Inc. was slapped with a $20,000 fine and placed on corporate probation for three years. Following the guilty pleas, Yeager Airport swiftly terminated its lease agreement with Executive Air, effectively ending their operation as the airport’s fixed-base operator.
Key Facts:
- Defendant: Executive Air Terminal, Inc. and Brian Scott Miller
- Crime: Aiding and Abetting the Storage of Hazardous Waste without a Permit
- Location: Yeager Airport, Charleston, West Virginia
- Year: 2019 (Guilty pleas in 2018, sentencing in 2018)
- Statutes Violated: 42 U.S.C. 6928(e) – Resource Conservation and Recovery Act (RCRA)
- Hazardous Waste: 27 drums of ignitable and toxic waste including oil, aviation gas, and jet fuel.
- Penalties: Miller – 60 days incarceration, $5,000 fine. Executive Air – $20,000 fine, 3 years corporate probation.
The case highlights the EPA’s continued commitment to prosecuting environmental crimes and holding individuals and corporations accountable for endangering public health and the environment. Officials praised the collaborative efforts of the EPA, the West Virginia Department of Environmental Protection, and the Yeager Airport Police Department in bringing this case to a successful conclusion.
Source: EPA ECHO Enforcement Case Database
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