Greenwood, SC – A decades-old case of illegal hazardous waste handling and international export has resurfaced, highlighting the persistent threat of environmental crime. In 1992, Gaston Copper Recycling Corporation, along with several individuals, faced federal charges for violating the Resource Conservation and Recovery Act (RCRA) and engaging in a conspiracy to profit from the improper disposal of toxic materials.
The investigation revealed a complex scheme orchestrated around baghouse dust, a byproduct of Gaston Copper Recycling’s operations. This dust, rich in lead and cadmium, was sold by Hy-Tex Marketing, Inc. to Stoller Chemical Co., Inc. Stoller, rather than properly disposing of the hazardous waste, processed the dust into a micronutrient fertilizer. Crucially, company officials *knew* the resulting product was toxic and categorized as hazardous waste under federal law.
The scheme didn’t stop at domestic processing. The contaminated micronutrient was then shipped and exported to agricultural lands in Bangladesh and Australia, effectively transferring a significant environmental hazard overseas. Robert D. Weaver, General Manager of Stoller Chemical’s Jericho Plant, held overall control of the operation, while Arthur G. Heinel, president of Hy-Tex Marketing, oversaw all functions for his company. Arthur G. Betterton, an employee of Southwire Company, played a role in managing the hazardous waste generated at Gaston Copper Recycling, further complicating the chain of responsibility.
Legal Ramifications
On December 6, 1992, federal prosecutors brought charges against Gaston Copper Recycling Corp., Stoller Chemical Co., Inc., Southwire Company, Hy-Tex Marketing, Inc., Weaver, Heinel, and Betterton, alleging violations of 42 U.S.C. 6928(d)(5) and 42 U.S.C. 6928(d)(6) of the Resource Conservation and Recovery Act, as well as conspiracy under 18 U.S.C. 371. All defendants ultimately pled guilty to the charges.
Sentencing & Penalties
The penalties reflected the severity of the offenses, although some critics at the time argued they were lenient given the international scope of the pollution. Gaston Copper Recycling Corporation received 48 months of probation and was ordered to pay a $190,000 fine. Arthur G. Betterton received 48 months probation, 100 hours of community service, and a $10,000 fine. Both Arthur G. Heinel and Robert D. Weaver were sentenced to six months incarceration, along with fines of $1,500 and $3,000 respectively. The case serves as a stark reminder of the financial and legal risks associated with improper hazardous waste management.
Key Facts
- Defendant: Gaston Copper Recycling Corporation, Stoller Chemical Co., Inc., Southwire Company, Hy-Tex Marketing, Inc., Robert D. Weaver, Arthur G. Heinel, Arthur G. Betterton
- Location: South Carolina
- Year: 1992
- Crime: Illegal hazardous waste handling and international export
- Hazardous Waste: Baghouse dust containing lead and cadmium
- Export Destinations: Bangladesh and Australia
- Laws Violated: 42 U.S.C. 6928(d)(5), 42 U.S.C. 6928(d)(6), 18 U.S.C. 371
The GrimyTimes will continue to follow developments in environmental crime and hold polluters accountable for their actions.
Source: EPA ECHO Enforcement Case Database
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