OKLAHOMA CITY, OKLAHOMA – In a move to resolve allegations of used oil processing and storage violations, January Environmental Services, Inc., January Transport, Inc., and company-owner Cris January (collectively Defendants) will pay civil penalties of $1.9 million, announced United States Attorney Robert J. Troester.
The United States and the Oklahoma Department of Environmental Quality (ODEQ) filed a complaint in federal district court in December 2020, alleging Defendants committed multiple violations of RCRA’s used oil and hazardous waste regulations. According to the complaint, Defendants transported and stored hazardous wastes without proper transport manifests or a RCRA permit, transported and processed used oil without proper testing to ensure that the oil did not contain hazardous waste, failed to maintain safe work spaces in the storage areas of the facility, and disposed of used oil filters mixed with other wastes at local landfills without first determining whether the mixture of wastes was hazardous.
The violations were uncovered through a series of inspections conducted by ODEQ and subsequent joint inspections by EPA and ODEQ. To settle the alleged violations and come into compliance with RCRA requirements, Defendants agreed to the entry of a consent decree by the Court (Consent Decree). Under the Consent Decree, Defendants must pay a civil penalty in the amount of $1.9 million. To come into compliance with the RCRA regulations, they must use proper methods to test for the presence of hazardous waste in the used oil they collect, transport to, and process at their facility.
Defendants must also hire an independent engineer to evaluate the facility’s spill prevention and containment preparedness and submit compliance reports to EPA and ODEQ. In addition, they must ensure that all used oil filters are properly processed and assessed for potentially hazardous waste prior to sending any of the filters off-site for disposal.
In reaching this settlement, Defendants did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The settlement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
The case was investigated by Environmental Protection Agency and the Oklahoma Department of Environmental Quality. Assistant U.S. Attorney Ronald R. Gallegos and Environmental and Natural Resources Division attorneys Jason Barbeau and Asia A. McNeil-Womack prosecuted the case on behalf of the United States.
Defendant Information: January Environmental Services, Inc., January Transport, Inc., and Cris January. The companies and individual will pay $1.9 million in civil penalties and correct hazardous waste violations. The violations include transporting and storing hazardous wastes without proper permits, failing to test used oil for hazardous waste, and disposing of used oil filters at local landfills without proper assessment.
Crime Date: December 2020
Sentence: Civil penalties of $1.9 million and comprehensive corrective measures.
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Key Facts
- State: Oklahoma
- Category: Environmental Crime
- Source: DOJ Press Release â†â€â€
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