Houston, TX – A case involving the illegal transportation and storage of hazardous waste, including polychlorinated biphenyls (PCBs), reached a somber conclusion in 1994 after a protracted legal battle. Harold Rockaway, owner of a mobile PCB decontamination operation, and his environmental consultant, Williams, faced federal charges stemming from a scheme that put a Houston residential and business district at risk.
The investigation, led by the Environmental Protection Agency (EPA), revealed that Rockaway’s operation involved transporting contaminated sludge and other hazardous materials by railroad from Pine Bluff, Tennessee, to a warehouse facility in Houston. This facility, crucially located near homes, a school, and local businesses, was used for the improper storage of the hazardous waste in drums. The illicit activity violated the Resource Conservation and Recovery Act (RCRA) and the Toxic Substances Control Act (TSCA).
The legal proceedings began on November 18, 1992, with an indictment against both Rockaway and Williams, charging them with multiple counts of violating 42 U.S.C. 6928(d) – illegal storage of hazardous waste under RCRA – and 15 U.S.C. 2615, a TSCA violation. Williams opted for a trial and was subsequently convicted of the RCRA charges on February 1, 1993. Rockaway, however, entered a guilty plea to the single TSCA count on February 11, 1993, leading to the dismissal of the RCRA charges against him.
Sentencing proved complicated. Williams, citing health concerns, received a sentence of six months of home confinement on April 30, 1993, and immediately filed a Notice of Appeal. Rockaway’s sentencing was repeatedly delayed due to his failing health. Tragically, he passed away before he could appear in court to receive his sentence, bringing an end to his involvement in the case. The Fifth Circuit Court of Appeals upheld Williams’ conviction on April 20, 1994. Williams then petitioned the Supreme Court of the United States for a writ of certiorari, but the petition was denied on October 3, 1994, finalizing his conviction.
The penalties for violating RCRA and TSCA can be substantial. Under RCRA, illegal storage of hazardous waste carries potential fines and imprisonment. TSCA violations, such as the improper handling of PCBs, also face significant financial penalties and potential jail time. While Williams received a relatively lenient sentence due to his health, the case serves as a stark reminder of the severe consequences associated with environmental crimes and the importance of responsible hazardous waste management.
GrimyTimes has learned that the cleanup of the contaminated site in Houston was a lengthy and costly process, impacting local residents and businesses for years after the initial discovery of the illegal storage. The case highlights the vulnerability of communities located near hazardous waste operations and the critical role of diligent environmental oversight.
Key Facts
- Defendant: Harold Rockaway
- Location: Houston, Texas
- Year: 1994
- Crime: Illegal transportation and storage of hazardous waste, including PCBs
- Statutes Violated: 15 U.S.C. 2615 (TSCA), 42 U.S.C. 6928(d) (RCRA)
- Co-Defendant: Williams (environmental consultant, convicted of RCRA violations)
- Outcome: Rockaway died before sentencing; Williams’ conviction affirmed by the Fifth Circuit and the Supreme Court.
Source: EPA ECHO Enforcement Case Database
