Ken Gray, Illegal Disposal of Hazardous Waste, Ohio 2007

Cleveland, OH – Gray Container LLC, along with its owner and environmental manager, Ken Gray, faced justice in Cuyahoga County Court of Common Pleas following a lengthy investigation into illegal hazardous waste disposal and air quality violations. The case, stemming from a 2007 Ohio EPA inspection, revealed a pattern of negligence and disregard for environmental regulations at the drum reconditioning facility.

Inspectors discovered approximately 400 55-gallon drums containing ignitable hazardous waste improperly stored on the property. These drums, in various states of decay, were leaking contaminants into the ground, posing a significant environmental threat. Crucially, Gray Container LLC was not authorized to treat, store, or dispose of hazardous waste, immediately flagging the operation as illegal. The accumulation of these materials spanned several years, indicating a systemic failure to adhere to proper waste management protocols.

The violations extended beyond improper storage. L. Gray Barrel & Drum Co., operating on the same property, held an Ohio EPA Air Permit to Operate a drum incinerator. Despite repeated Notices of Violation from local air authorities, the incinerator consistently emitted visible emissions, a direct breach of its operating permit. This demonstrated a continued disregard for air quality standards and a failure to maintain essential pollution control measures.

The investigation ultimately led to guilty pleas from Gray Container LLC, L. Gray Barrel & Drum Co., and Ken Gray himself. Gray was convicted of illegal disposal of hazardous waste and sentenced to a 24-month suspended prison sentence, five years’ probation, 200 hours of community service, and a $25,000 fine. The fine is suspended pending full restitution to the Ohio EPA and the Ohio Attorney General’s Office, totaling $25,780.59, to cover investigative and analytical costs. Gray Container LLC was also found guilty of illegal disposal and received a five-year probation period, alongside a $25,000 fine, similarly suspended pending restitution. Both Gray and the company are jointly and separately liable for the full restitution amount.

L. Gray Barrel & Drum Co. received a separate sentence of five years’ probation and a $15,000 fine for violating the terms of its air permit. However, the judge offered a conditional suspension of $10,000 of the fine, contingent upon a $5,000 donation to an environmental nonprofit organization. This attempt at restorative justice highlights the potential for companies to offset penalties through positive environmental contributions, although it does not absolve them of their initial wrongdoing.

Key Facts

• Defendant: Gray Container LLC, L. Gray Barrel & Drum Co., Ken Gray
• Location: Cleveland, Ohio
• Statutes Violated: Ohio Revised Code 3734.02(F), Ohio Revised Code 3704.03(C)
• Charges: Illegal disposal of hazardous waste, violation of Air Permit to Operate
• Penalties: Suspended prison sentence (Gray), probation (all entities), fines (suspended pending restitution), community service (Gray), required donation (L. Gray Barrel & Drum Co.)
• Restitution: $25,780.59 to Ohio EPA and Ohio Attorney General’s Office

This case serves as a stark reminder of the serious consequences of environmental crime. The Ohio EPA’s diligent inspection and subsequent legal action underscore the importance of strict adherence to hazardous waste regulations and air quality standards. The penalties imposed, while partially suspended, aim to deter future violations and ensure accountability for environmental damage.

Source: EPA ECHO Enforcement Case Database

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