Corpus Christi, TX – Inman & Associates, Inc., a South Carolina-based construction firm, and its Vice President, John McMichen, were penalized following a guilty plea in January 1990 for illegal disposal of polychlorinated biphenyls (PCBs) and failure to report a hazardous substance release at the Naval Air Station in Corpus Christi, Texas. The case, prosecuted by the Environmental Protection Agency (EPA), highlights the dangers of improper handling of hazardous materials during large-scale construction projects.
The charges stemmed from work conducted by Inman & Associates under a contract with the U.S. Navy. The company was tasked with replacing an electrical switching station, a project that necessitated the removal and disposal of PCB-containing capacitors. Instead of adhering to strict federal regulations governing PCB disposal, McMichen directed the dumping of liquid PCBs directly onto the ground at the Naval Air Station. This blatant disregard for environmental safety and legal requirements triggered the EPA investigation.
Federal prosecutors alleged that McMichen knowingly and willfully violated the Toxic Substances Control Act (TSCA). The specific statutes violated included 15 U.S.C. 2614(1)(c) – prohibiting the knowing disposal of PCBs – and 15 U.S.C. 2615(b), which addresses regulations concerning the disposal of PCBs. Simultaneously, Inman & Associates was charged with failing to notify authorities of the PCB release, a violation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), specifically 42 U.S.C. 9603(b).
The swift guilty pleas entered by both McMichen and the corporation on January 25, 1990, indicated an acceptance of responsibility, though did little to mitigate the severity of the environmental damage. While the sentencing occurred before the implementation of modern federal sentencing guidelines, penalties were still levied. On April 6, 1990, McMichen was ordered to pay a $5,000 fine, along with a $25 special assessment. The corporation, Inman & Associates, Inc., faced a heftier fine of $80,000, with $40,000 suspended. This payment was to be disbursed in three annual installments.
In addition to the financial penalties, Inman & Associates was placed on a 36-month period of supervised probation and required to pay a $200 special assessment. This probationary period likely involved increased scrutiny of the company’s environmental compliance practices on future projects. The case serves as a stark reminder to construction firms handling potentially hazardous materials that strict adherence to environmental regulations is paramount, and violations will be met with significant legal and financial repercussions.
Key Facts
- Defendant: Inman & Associates, Inc. & John McMichen
- Location: Naval Air Station, Corpus Christi, Texas
- Year: 1990
- Crime: Illegal disposal of PCBs and failure to report hazardous substance release
- Statutes Violated: 15 U.S.C. 2614(1)(c), 15 U.S.C. 2615(b), 42 U.S.C. 9603(b)
- Penalties: McMichen – $5,025 fine. Inman & Associates – $80,000 fine ($40,000 suspended), 36 months supervised probation, $200 special assessment.
- Details: Liquid PCBs from electrical capacitors were dumped on the ground during a Navy contract project.
GrimyTimes will continue to follow cases involving environmental crimes and corporate negligence.
Source: EPA ECHO Enforcement Case Database
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