Atlanta, GA – A complex environmental crime case stemming from the mid-1980s has revealed a pattern of illegal hazardous waste disposal and pollution, culminating in years of legal battles and a final resolution in 1986. The case, involving Performance Advantage, Hayes International, and multiple individuals, exposed a deliberate disregard for environmental regulations and public safety.
The investigation began in 1984, leading to indictments against Performance Advantage, a waste oil and jet fuel processing facility, and its president, Bolton. They were initially charged with discharging pollutants directly into waterways without the required National Pollutant Discharge Elimination System (NPDES) permit, violating sections 301 and 309(c)(1) of the Clean Water Act (33 U.S.C. 1311 and 1319(c)(1)). Simultaneously, Hayes International, a company specializing in paint removal from aircraft, and its employee Beasley, faced accusations of transporting and illegally disposing of hazardous waste.
The charges against Hayes International and Beasley were extensive, including eight counts of violating the Resource Conservation and Recovery Act (RCRA) Sec. 3008(d)(1) [42 U.S.C. 6928(d)(1)] for transporting hazardous waste to an unpermitted facility, and five counts of violating RCRA Sec. 3008(d)(2)(A) [42 U.S.C. 6928(d)(2)(A)] for improper storage and disposal. A conspiracy charge (18 U.S.C. 371) was also levied. Additional indictments named Kelley and two unnamed individuals, alleging further RCRA and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) violations, including failure to report a hazardous substance release (42 U.S.C. 9603(b)). Performance Advantage and Bolton also faced additional RCRA charges, a knowing endangerment charge (42 U.S.C. 6928(e)), and another conspiracy indictment.
The initial trial proved turbulent. While Performance Advantage and Bolton pleaded guilty to reduced charges under the Clean Water Act and RCRA in August 1984, the trial against Hayes International, Beasley, and the unnamed individuals began in October. After the government presented its case, a judge unexpectedly acquitted the unnamed individuals. Subsequently, Hayes International and Beasley were acquitted on five storage and disposal counts. However, the jury returned guilty verdicts on eight counts of illegal transportation of hazardous waste. This verdict was dramatically overturned by the judge, leading the government to appeal to the Eleventh Circuit Court. In a significant reversal in April 1986, the appellate court reinstated the jury’s guilty findings against Hayes International and Beasley.
Despite the reinstated convictions, the penalties handed down were relatively light. Hayes International received a $2,500 fine, and Beasley was fined $1,000. Performance Advantage was fined $2,500 for the Clean Water Act violation and $50 for the RCRA violation. Bolton received a $2,500 fine and a 60-month probationary sentence for the Clean Water Act violation, with an additional 60 months probation for the RCRA violation, to run concurrently. Critics at the time questioned whether the penalties adequately addressed the severity of the environmental damage and the deliberate nature of the offenses.
Key Facts
- Defendants: Performance Advantage, Bolton, Hayes International, Beasley, Kelley, Individual #1, Individual #2
- Crimes: Illegal discharge of pollutants, improper hazardous waste disposal, transportation of hazardous waste to unpermitted facilities, conspiracy, failure to report hazardous substance release.
- Statutes Violated: 33 U.S.C. 1311, 33 U.S.C. 1319(c)(1), 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A), 18 U.S.C. 371, 42 U.S.C. 9603(b), 42 U.S.C. 6928(e), 33 U.S.C. 1311, 33 U.S.C. 1346
- Penalties: Fines ranging from $50 to $2,500, and up to 60 months of probation.
- Location: Georgia
- Year: 1986 (following a multi-year investigation and legal process)
GrimyTimes will continue to follow developments in environmental crime and hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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