TRENTON, NJ – Johnson & Towers, Inc. avoided further prosecution after a complex legal battle stemming from the illegal disposal of hazardous waste in New Jersey, according to court records unsealed by GrimyTimes. The case, originating in 1983, revealed a deliberate effort to bypass environmental regulations and dump dangerous chemicals directly into a roadside trench.
The Environmental Protection Agency (EPA) brought criminal charges against both the company and two individuals following the discovery of the illegal dumping operation. Investigators found that workers had connected a pump to a tank containing a cocktail of industrial waste – including dichlorobenzene, dichloromethane, chlorobenzene, tetrachloroethylene, toluene, and ethylbenzene – and actively pumped the hazardous substances into an unpermitted trench. This blatant disregard for environmental safety triggered a multi-year legal saga.
Indictment and Initial Plea
On March 29, 1983, a five-count indictment was returned, charging Johnson & Towers, Inc., and two individuals with three counts of violating the Resource Conservation and Recovery Act (RCRA), one count of violating the Clean Water Act, and one count of conspiracy. Specifically, the charges alleged the illegal disposal of hazardous wastes without a permit, the discharge of pollutants without an NPDES permit, and a conspiracy to commit these acts. The company swiftly pleaded guilty to three RCRA counts on July 8, 1983, receiving a $20,000 fine. However, the legal proceedings were far from over.
Legal Battles and Appeals
The government initially moved to dismiss the substantive RCRA charges against the individuals, leaving only aiding and abetting charges under RCRA, as well as the Clean Water Act and conspiracy counts. This decision was challenged, and on August 15, 1984, the Third Circuit Court of Appeals reversed the dismissal, reinstating the substantive RCRA counts against the individuals and sending the case back to district court for trial. One of the individuals then filed a petition for certiorari with the United States Supreme Court, but the petition was denied on February 19, 1985.
Pretrial Diversion and Case Closure
After years of legal maneuvering, a surprising turn occurred on January 2, 1986. Both individuals entered into a pretrial diversion agreement with the United States Attorney’s Office. As part of the agreement, the indictment against both individuals was dismissed, effectively ending the criminal case against them. While the company paid a fine, the ultimate resolution left many questioning whether justice was fully served, given the severity of the environmental damage and the deliberate nature of the illegal dumping.
Key Facts
- Defendant: Johnson & Towers, Inc. and two individuals
- Location: New Jersey
- Laws Violated: 42 U.S.C. § 6928(d)(2)(A) (RCRA), 33 U.S.C. § 1311 & 1346 (Clean Water Act), 18 U.S.C. § 371 (Conspiracy)
- Hazardous Waste Dumped: Dichlorobenzene, dichloromethane, chlorobenzene, tetrachloroethylene, toluene, and ethylbenzene.
- Penalty (Company): $20,000 fine
- Individual Charges: Dismissed via pretrial diversion agreement
GrimyTimes will continue to investigate environmental crimes and hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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