Gerald Goldberg, Hazardous Waste Violation, TX 1997

HOUSTON, TX – Gerald Joseph Goldberg, former president and majority stockholder of Gulf States Paint and San Jacinto Paint, has been sentenced for knowingly and illegally transporting hazardous waste in 1992. The case, pursued by the Environmental Protection Agency (EPA) and resulting in a guilty plea, highlights a deliberate circumvention of federal regulations designed to protect public health and the environment.

According to court documents, Goldberg orchestrated the illicit transport of over 200 drums filled with hazardous waste. Instead of adhering to mandated procedures, Goldberg contracted an individual to move the drums without the legally required hazardous waste manifests. These manifests are critical tracking documents that detail the type and quantity of hazardous waste, its origin, and its destination, ensuring proper handling and disposal. The waste was ultimately delivered to a facility not authorized to accept such materials, posing a significant risk of contamination and environmental damage.

The EPA initiated the investigation which led to Goldberg being formally charged on November 21, 1996, with four counts of violating the Resource Conservation and Recovery Act (RCRA). Specifically, the charges centered around 42 U.S.C. §6928(d)(5), which prohibits the knowing transport of hazardous waste without a proper manifest. The investigation uncovered evidence suggesting Goldberg was fully aware of the legal requirements and intentionally disregarded them to cut costs and avoid proper disposal procedures.

On January 6, 1997, Goldberg entered a guilty plea to the charges outlined in the Information filed by the government. This admission of guilt signaled a turning point in the case, paving the way for sentencing. Prosecutors argued that Goldberg’s actions demonstrated a reckless disregard for environmental safety and a willingness to prioritize profit over compliance with the law.

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Sentencing and Penalties

On February 2, 1997, Goldberg received his sentence: six months of home detention, a 36-month probationary period, and a substantial $100,000 fine. While the sentence stopped short of imprisonment, the financial penalty and probationary terms represent a significant consequence for the violation. Environmental advocates note that while this case resulted in a conviction, enforcement of RCRA regulations remains a constant challenge.

The case serves as a stark reminder of the importance of adhering to hazardous waste regulations. Improper disposal can lead to soil and water contamination, posing long-term health risks to communities and ecosystems. The EPA continues to aggressively pursue individuals and companies that violate these laws, aiming to deter future offenses and protect the environment.

Key Facts

Defendant: Gerald Joseph Goldberg
Companies Involved: Gulf States Paint, San Jacinto Paint
State: Texas
Year of Offense: 1992
Statute Violated: 42 U.S.C. §6928(d)(5) – RCRA (Resource Conservation and Recovery Act)
Amount of Hazardous Waste: Over 200 drums
Penalty: $100,000 fine, 6 months home detention, 36 months probation
Guilty Plea Date: January 6, 1997

Source: EPA ECHO Enforcement Case Database

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