Joseph A. Lowery, Violating Ohio Revised Code 2909.06, Ohio 2006

Brown County, OH – Joseph A. Lowery, an operator at Tri-State Chemical Company, was sentenced following the discovery of a hazardous materials abandonment at a former company facility. The case, investigated after citizen reports, revealed a significant quantity of improperly stored and potentially dangerous chemicals left behind when Tri-State Chemical ceased operations at the Brown County location.

The investigation, launched in early July 2006, uncovered a scene described by authorities as a potential environmental and safety hazard. Responders found approximately thirty 300-gallon totes, two massive 20,000-gallon tanks, and several hundred 55-gallon drums. The sheer volume of containers raised immediate concerns regarding potential leaks, spills, and the overall stability of the site.

Adding to the danger, local fire department personnel detected flammable vapors within one of the 20,000-gallon tanks using an explosion meter. This finding elevated the situation from an environmental concern to an immediate public safety risk, prompting a swift response to assess and mitigate the threat. Authorities immediately began securing the site to prevent unauthorized access and potential ignition sources.

On July 6, 2006, Lowery was formally charged with one count of violating Ohio Revised Code 2909.06, a state environmental regulation pertaining to the improper handling and abandonment of hazardous waste. The charge stemmed from his role as an operator at Tri-State Chemical and his alleged responsibility for the conditions found at the abandoned facility. Investigators believe Lowery was aware of the improper storage and ultimate abandonment of the chemicals.

Just twelve days later, on July 18, 2006, Lowery entered a guilty plea to the single charge. The court sentenced him to six months of incarceration, however, the entire sentence was suspended. Instead, Lowery was placed on a 24-month probation period and ordered to pay a $500 fine to the state. The suspended sentence and relatively low fine have drawn criticism from some environmental advocacy groups who argue that the penalty does not adequately reflect the severity of the potential environmental damage and public safety risk created by the abandonment.

The case highlights the ongoing challenge of holding individuals accountable for environmental crimes and the difficulties in securing penalties that serve as both a deterrent and a just response to the harm caused. While Lowery avoided jail time, the incident serves as a cautionary tale for companies and individuals involved in the handling and disposal of hazardous materials.

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Key Facts

Defendant: Joseph A. Lowery
Company: Tri-State Chemical Company
Location: Brown County, Ohio
Statute Violated: Ohio Revised Code 2909.06 (Improper Hazardous Waste Handling/Abandonment)
Penalty: 6 months suspended incarceration, 24 months probation, $500 fine
Hazardous Materials: Approximately 30 300-gallon totes, 2 20,000-gallon tanks, and several hundred 55-gallon drums
Safety Concern: Flammable vapors detected in one of the 20,000-gallon tanks.

Source: EPA ECHO Enforcement Case Database

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