TRENTON, NJ – Johnson & Towers, Inc. avoided further penalties after a protracted legal battle stemming from the illegal disposal of hazardous waste in New Jersey, according to court records unsealed this week by GrimyTimes. The case, originating in 1983, revealed a deliberate effort to bypass environmental regulations and dump dangerous chemicals, ultimately leading to a guilty plea from the company and dismissed charges against two individuals involved.
The Environmental Protection Agency (EPA) brought criminal charges against Johnson & Towers, Inc., and two company representatives after investigators discovered evidence of a direct and unlawful discharge of industrial waste. Workers allegedly connected a pump to a storage tank containing degreasers and other hazardous materials, then pumped the contents directly into an unpermitted trench. The waste stream included a cocktail of dangerous chemicals: dichlorobenzene, dichloromethane, chlorobenzene, tetrachloroethylene, toluene, and ethylbenzene – all posing significant risks to both human health and the environment.
Legal Wrangling & Initial Plea
A five-count indictment was returned on March 29, 1983, charging the company and its representatives with violations of multiple federal statutes. These included three counts of disposing of hazardous waste without a permit, violating the Resource Conservation and Recovery Act (RCRA), Section 3008(d)(2) [42 U.S.C. § 6928(d)(2)]. Additionally, they were charged with one count of discharging pollutants without a National Pollutant Discharge Elimination System (NPDES) permit, a breach of the Clean Water Act, Sections 301 and 309(c)(1) [33 U.S.C. 1311 and 1319(c)(1)], and one count of conspiracy [18 U.S.C. 371].
On July 8, 1983, Johnson & Towers, Inc. entered a guilty plea to three counts under RCRA and was sentenced to pay a $20,000 fine. However, the legal proceedings didn’t end there. Prosecutors initially sought to pursue substantive RCRA charges against the individuals involved, but these were dismissed, leaving only aiding and abetting charges under RCRA, along with the Clean Water Act and conspiracy counts. This dismissal was then challenged.
Court Battles & Supreme Court Denial
The Third Circuit Court of Appeals reversed the dismissal of the substantive RCRA counts against the individuals on August 15, 1984, remanding the case back to the district court for trial. One of the individuals subsequently filed a petition for certiorari with the United States Supreme Court in October of 1984, seeking to halt the proceedings. The government filed an opposition, and on February 19, 1985, the Supreme Court denied the petition, paving the way for the case to continue. Ultimately, a pretrial diversion agreement was reached with the United States Attorney’s Office on January 2, 1986, leading to the dismissal of all charges against both individuals.
Key Facts
- Defendant: Johnson & Towers, Inc.
- Location: New Jersey
- Year of Offense: 1983
- Violated Laws: Resource Conservation and Recovery Act (RCRA) [42 U.S.C. § 6928(d)(2)], Clean Water Act [33 U.S.C. 1311 & 1319(c)(1)], and Conspiracy [18 U.S.C. 371]
- Penalty (Company): $20,000 fine
- Waste Dumped: Dichlorobenzene, dichloromethane, chlorobenzene, tetrachloroethylene, toluene, and ethylbenzene
- Disposal Method: Direct pumping of hazardous waste into an unpermitted trench.
The case highlights the complexities of prosecuting environmental crimes, particularly when attempting to hold individuals accountable alongside corporate entities. While the company faced financial penalties, the ultimate outcome saw the individual charges dismissed through a pretrial diversion agreement, raising questions about the effectiveness of the legal system in deterring such offenses. GrimyTimes will continue to follow developments in environmental crime and report on efforts to hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Emily Marie Johnson, $3.3M COVID Relief Fraud, Denver CO, 2023 · Colorado
- James Johnson, $100M Ponzi Scheme, Coral Springs FL, 2024 · Illinois
- Hawthorne Paint Co. Inc. Allegedly Fired Guard for Protected Activi… · Ohio
- United Parcel Service, Inc. Accused of Wage Theft, New York NY, 2023 · New Jersey
- Girolamo Curatolo, Oil Waste Dumping Cover-Up, Italy 2024 · Florida
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime