Harcros Chemicals Inc, Hazardous Waste Violation, Kansas 2014

Kansas City, KS – Harcros Chemicals Inc. has been sentenced to pay a $1.5 million fine and serve two years of federal probation after pleading guilty to illegally storing hazardous waste at its Kansas City, Kansas facility. The case, brought by the U.S. Attorney’s Office for the District of Kansas, highlights ongoing concerns regarding industrial compliance with environmental regulations and the potential risks posed to public health and groundwater supplies.

According to court documents, Harcros Chemicals, a manufacturer of industrial chemicals including surfactants and emulsifiers, admitted to storing a variety of dangerous waste chemicals – including phosgene solution, ethylenediamine, 1,4-dioxane, butyl acrylate, acrylic acid, and methacrylate – without the required permits. The illegal storage spanned a period of at least three years, from May 5, 2006, to January 30, 2009. The company also operates eight laboratories for chemical product development and testing at the Speaker Road facility.

The violation centers around the Resource Conservation and Recovery Act (RCRA), a cornerstone of federal environmental law designed to govern the management of hazardous waste from “cradle to grave.” Specifically, Harcros violated 42 U.S.C. 6928(d)(2)(A), which prohibits the storage of hazardous waste without a valid permit. RCRA mandates that facilities storing hazardous waste for more than 90 days must obtain a permit detailing the methods of storage, handling, and disposal to prevent environmental contamination.

Federal authorities allege that Harcros’s failure to comply with these regulations created a significant threat. Michael Burnett, Special Agent in Charge of the EPA’s Criminal Investigation Division in Kansas, stated that the illegal storage practices “threatened groundwater supplies and put employees and the public at serious risk.” The potential for leaks, spills, or improper disposal of these chemicals could have resulted in contamination of the local water table and exposure to harmful substances.

The investigation, a collaborative effort between the Environmental Protection Agency’s Criminal Investigation Division, the Kansas Department of Health and Environment, and the Department of Justice’s Environment and Natural Resource Division, underscores the importance of interagency cooperation in prosecuting environmental crimes. Senior Trial Attorney Jennifer A. Whitfield and Assistant U.S. Attorney Tris Hunt were instrumental in securing the guilty plea and sentencing.

While the $1.5 million fine and probationary period represent a penalty for Harcros’s actions, the case serves as a warning to other industrial facilities. The EPA continues to prioritize the enforcement of environmental regulations and the prosecution of companies that prioritize profit over public safety and environmental protection. The incident raises questions about the adequacy of internal compliance programs at Harcros and whether similar violations may have occurred at other company facilities.

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Key Facts

Defendant: Harcros Chemicals Inc.
Crime: Illegal storage of hazardous waste
Location: Kansas City, Kansas
Year: 2014
Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
Penalty: $1.5 million fine and two years of federal probation
Hazardous Waste Stored: Phosgene solution, ethylenediamine, 1,4-dioxane, butyl acrylate, acrylic acid, and methacrylate
Duration of Violation: May 5, 2006 – January 30, 2009

Source: EPA ECHO Enforcement Case Database

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