Charlotte, NC – Kaara Doolin-Smith, along with her then-husband Brian K. Smith, faced federal charges after abandoning a stockpile of hazardous waste in unsecured public storage units, a case that exposed a pattern of negligence and potential environmental risk. The couple operated Dove Environmental Management, Inc., a licensed hazardous waste transportation company, which authorities say failed to properly dispose of materials entrusted to them by various generators.
In October 2010, Charlotte CID received a tip regarding the abandoned storage units. An inspection revealed over 150 containers filled with regulated hazardous waste across four separate units. EPA investigators determined that 91, or 58%, of the containers held substances defined as hazardous waste under the Resource Conservation and Recovery Act (RCRA). Investigators traced the waste back to generators who claimed to have contracted Dove to handle disposal as early as 2007, yet had not received documentation confirming the waste was properly dealt with – a crucial element of legal hazardous waste management.
The Smiths had ceased making payments for the storage units by July 2010, and their last recorded access to the facility was in April 2010, indicating a deliberate abandonment of the hazardous materials. This neglect sparked a multi-agency investigation involving the EPA’s Criminal Investigation Division, the North Carolina State Bureau of Investigation, and the North Carolina Department of Environment and Natural Resources.
Legal Ramifications
Kaara Doolin-Smith pled guilty in June 2011 to one count of violating 42 U.S.C. 6928(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA), specifically for knowingly treating, storing, or disposing of hazardous waste without a permit. Brian Smith followed suit with a guilty plea to the same charge in September 2011. The illegal storage of the waste created a potential threat to public health and the environment, prompting a costly cleanup operation funded by those impacted.
Sentencing and Restitution
In August 2012, Kaara Doolin-Smith received a sentence of 24 months probation, including six months of home detention, and was ordered to perform 80 hours of community service. She was also assessed a $150 court fee and a substantial restitution order totaling $32,143.36. This restitution covered $17,643 for the compliance and disposal of the hazardous waste itself, and $14,500 to cover 75% of the legal fees incurred by the victim. Brian K. Smith received a similar probationary sentence in September 2012, along with a $2,000 federal fine and $17,643 in restitution for the waste disposal. Both individuals were held jointly and severally liable for the full restitution amount.
Key Facts
- Defendant: Kaara Doolin-Smith and Brian K. Smith
- Company: Dove Environmental Management, Inc.
- Location: Charlotte, North Carolina
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – RCRA violation for unlawful storage and disposal of hazardous waste.
- Waste Abandoned: Over 150 containers of regulated hazardous waste.
- Penalties: Up to five years imprisonment, $50,000 fine per day of violation, and supervised release. Kaara Doolin-Smith received 24 months probation + restitution, Brian Smith received 24 months probation + fine + restitution.
The case serves as a stark reminder of the critical importance of adhering to environmental regulations when handling hazardous materials. Federal authorities emphasize that companies operating in this sector must prioritize safe and legal disposal methods to avoid endangering the public and incurring severe legal consequences.
Source: EPA ECHO Enforcement Case Database
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