Honolulu, HI – A former Hawaii businessman and his company were penalized for a decade-long scheme involving the illegal storage and transportation of hazardous waste, culminating in a federal court sentencing and hefty fines. Jerome Anches, 70, president of Martin Warehousing and Distribution (MWD), and Stephen Swift, 55, owner of RRL, Inc., were both found culpable in the mishandling of tetrachloroethylene, a dangerous chemical commonly used in dry cleaning.
The case originated in August 2001 when a forklift accident at MWD’s Sand Island facility punctured a 55-gallon drum of tetrachloroethylene. While the Honolulu Fire Department and a specialized environmental cleanup company, Pacific Environmental Company (PENCO), were promptly contacted to contain the spill, Anches allegedly prioritized cost savings over proper disposal. PENCO determined the spilled material was hazardous waste and offered to transport it for destruction for approximately $16,500. Anches refused the offer, leaving the waste container on his property for nearly four years.
In February 2005, as Anches prepared to sell the MWD property, he contracted RRL, Inc. and its owner, Stephen Swift, to legally remove the hazardous waste. However, rather than proper disposal, Swift orchestrated a series of illegal moves, relocating the container first to a street near RRL’s offices and then to a property he owned in Waianae – all without the required hazardous waste manifests. This unlawful storage continued for over three years until the EPA discovered the waste in May 2008.
Legal Ramifications and Penalties
Anches pleaded guilty to one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), for the illegal storage of hazardous waste. On February 22, 2010, he was sentenced to five years of probation, a $300,000 federal fine, and ordered to pay $84,000 in restitution to cover cleanup costs. Swift, after a seven-day trial, was convicted on all counts, including transporting hazardous waste without a manifest and storing hazardous waste without a permit. He received a 27-month prison sentence, 36 months of supervised release, a $7,500 fine, and a $300 special assessment fee.
Investigation and Cooperation
The investigation, led by the EPA’s Criminal Enforcement Program and with assistance from the Hawaii Department of Health, highlighted the dangers of improper hazardous waste handling. According to trial testimony, exposure to tetrachloroethylene can cause serious health issues, including death, and poses a significant threat to groundwater contamination if not managed correctly. Authorities emphasized the importance of tracking hazardous waste transportation to ensure safe disposal and prevent environmental damage.
Key Facts
- Defendants: Jerome Anches (Martin Warehousing and Distribution), Stephen Swift (RRL, Inc.)
- Crime: Illegal storage and transportation of hazardous waste (tetrachloroethylene)
- Location: Hawaii
- Year: 2010 (Incident spanned 2001-2008)
- Statutes Violated: 42 U.S.C. 6928(d)(2)(A) (RCRA – illegal storage), 42 U.S.C. 6928(d)(5) (transportation without manifest), 18 U.S.C. 1341 (mail fraud)
- Penalties: Anches – 5 years probation, $300,000 fine, $84,000 restitution. Swift – 27 months imprisonment, 36 months supervised release, $7,500 fine, $300 assessment.
U.S. Attorney Florence T. Nakakuni urged the public to report any suspected illegal hazardous waste dumping or storage to the EPA, emphasizing the crucial role of community involvement in protecting Hawaii’s environment. The case serves as a stark reminder of the legal and environmental consequences associated with neglecting proper hazardous waste management protocols.
Source: EPA ECHO Enforcement Case Database
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