Inman & Associates, PCB Disposal, TX 1990

Corpus Christi, TX – Inman & Associates, Inc., a South Carolina-based construction firm, and its Vice President, John McMichen, faced federal charges in 1990 for improper handling and disposal of polychlorinated biphenyls (PCBs) at the Naval Air Station in Corpus Christi, Texas. The case, brought by the Environmental Protection Agency (EPA), highlighted a critical failure to adhere to environmental regulations during a routine electrical switching station upgrade.

The charges stemmed from a contract Inman & Associates held with the U.S. Navy. The agreement involved replacing the electrical switching station, a process that necessitated the removal of PCB-containing capacitors. Instead of properly disposing of the hazardous materials, McMichen knowingly directed the dumping of liquid PCBs onto the ground at the Naval Air Station – a clear violation of federal law.

Federal prosecutors alleged that Inman & Associates also failed to report the release of the hazardous substance, a further breach of environmental regulations. This failure to notify authorities hindered potential containment and remediation efforts, exacerbating the environmental risk. The EPA’s criminal enforcement division pursued both McMichen individually and the corporation, seeking to hold all responsible parties accountable.

On January 24, 1990, both McMichen and Inman & Associates were formally charged. McMichen faced one count of knowingly and willfully violating the Toxic Substances Control Act (TSCA) related to illegal PCB disposal. Inman & Associates was charged with failing to notify authorities of a hazardous substance release, a violation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Remarkably, both defendants entered guilty pleas the very next day, expediting the legal process.

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Penalties and Sentencing

On April 6, 1990, the court handed down its sentences. John McMichen was fined $5,000, plus a $25 special assessment. Notably, the sentencing did not adhere to the then-new Sentencing Guidelines due to the violations occurring prior to November 1, 1987. Inman & Associates faced a steeper penalty: an $80,000 fine, with $40,000 suspended, to be paid in three annual installments. Additionally, the corporation was placed on 36 months of supervised probation and assessed a $200 special assessment.

Key Facts

Defendant: Inman & Associates, Inc. and John McMichen
Location: Naval Air Station, Corpus Christi, Texas
Statutes Violated: 15 U.S.C. 2614(1)(c) – Toxic Substances Control Act (TSCA) regarding PCB disposal; 42 U.S.C. 9603(b) – CERCLA regarding failure to report hazardous substance release; 15 U.S.C. 2615(b) – TSCA regulations.
Penalties: McMichen – $5,000 fine + $25 assessment. Inman & Associates – $80,000 fine ($40,000 suspended), 36 months probation, $200 assessment.
Crime: Illegal disposal of PCBs and failure to report a hazardous substance release.
Plea: Both defendants pleaded guilty on January 25, 1990.

This case serves as a stark reminder of the importance of strict adherence to environmental regulations, even during seemingly routine construction projects. The EPA continues to prioritize the prosecution of individuals and corporations who endanger public health and the environment through improper handling of hazardous materials like PCBs.

Source: EPA ECHO Enforcement Case Database

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