Frank Carlow, Illegal Dumping, PA 1998

Elizabeth, PA – Frank Carlow, owner of New Marcus Paulson, Inc., was sentenced to five years in prison in February 1998 for illegally dumping hazardous waste along the banks of the Monongahela River. The crime, discovered and investigated by the Environmental Protection Agency (EPA), involved the clandestine burial of 170 fifty-five-gallon drums filled with a cocktail of dangerous chemicals and pollutants.

According to court documents, Carlow directed his employees to excavate a large pit on the company property, then systematically buried the drums. These weren’t locally sourced wastes, however. The hazardous materials originated from the demolition of a power plant in Detroit, Michigan, and were transported to Pennsylvania specifically for illegal disposal. The deliberate nature of the dumping—choosing a riverside location—suggests a calculated attempt to conceal the crime and minimize potential detection, while maximizing environmental risk.

The contents of the drums were particularly concerning. Investigators identified a highly toxic mixture including polychlorinated biphenyls (PCBs), various oils, hydrogen fluoride, nitric acid, arsenic trioxide, and calcium sulfide. PCBs are known carcinogens and persistent environmental contaminants, while the other chemicals pose immediate threats to human health and the surrounding ecosystem. The Monongahela River, a vital waterway for both recreation and industry, was directly threatened by potential leaching of these substances into the water supply.

The case unfolded rapidly after Carlow was charged on March 11, 1997, with one count of violating the Resource Conservation and Recovery Act (RCRA). Remarkably, Carlow entered a guilty plea on the very same day he was formally charged, seemingly foregoing any attempt at a legal defense. This plea suggests a strong evidentiary case built by the EPA and a likely acknowledgement of guilt by the defendant.

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Legal Ramifications

Carlow was convicted under 42 U.S.C. § 6928(d)(2)(A), which specifically prohibits the knowing treatment, storage, or disposal of any hazardous waste in an unpermitted manner. While no monetary fine was imposed, the sentence of 60 months incarceration (five years) followed by 36 months of probation demonstrates the seriousness with which federal authorities treat violations of environmental law. The lack of a fine is unusual and may suggest Carlow’s inability to pay or a plea agreement focusing on imprisonment as the primary punishment.

Key Facts

Defendant: Frank Carlow
Company: New Marcus Paulson, Inc.
Location: Banks of the Monongahela River, Pennsylvania
Waste Origin: Demolished power plant in Detroit, Michigan
Hazardous Materials: PCBs, oils, hydrogen fluoride, nitric acid, arsenic trioxide, calcium sulfide
Statute Violated: 42 U.S.C. § 6928(d)(2)(A) – RCRA
Sentence: 60 months incarceration, 36 months probation

The Carlow case serves as a stark reminder of the ongoing threat posed by illegal hazardous waste dumping and the EPA’s commitment to prosecuting those who endanger public health and the environment. The incident highlights the importance of proper waste disposal procedures and the severe consequences awaiting those who attempt to circumvent regulations for financial gain.

Source: EPA ECHO Enforcement Case Database

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