PECOS, TX – A Texas battery recycling facility operator and key personnel have been sentenced for abandoning a massive stockpile of hazardous waste, creating a significant environmental hazard. Kathlene Ann Cox, former Vice President of Finance and Operations at Battery Reclamation, Inc. (BRI), was among those convicted for violations of the Clean Air Act (CAA).
The case stems from the 2004 abandonment of the BRI facility in Pecos, Texas. Following the denial of a hazardous waste storage permit renewal by the Texas Commission on Environmental Quality (TCEQ), BRI’s leadership – including owner Herb Larsen and President Curry – ceased operations and walked away, leaving behind an estimated 7,000 tons of unprocessed batteries, battery components, and associated hazardous materials. Many of these materials had been imported from Taiwan.
An investigation revealed the facility had been left in a state of disrepair, with hazardous substances exposed to the elements. This posed a potential threat of air pollution through the negligent release of hazardous air pollutants. Federal prosecutors alleged the defendants knowingly disregarded environmental regulations and the potential harm to the surrounding community.
Timeline of Events
The legal proceedings unfolded over several years. On April 13, 2010, Cox and Larsen were formally charged with violating section 42 U.S.C. 7413(c)(4) of the Clean Air Act, which prohibits the negligent release of hazardous air pollutants. Curry was charged with a similar violation on July 8, 2010, and subsequently pled guilty. Cox and Larsen followed suit, entering guilty pleas on December 3, 2012.
Sentencing & Penalties
On December 12, 2012, all three defendants – Cox, Larsen, and Curry – were sentenced to 12 months of probation. Notably, no fines were imposed despite the scale of the environmental damage and the significant cost of eventual cleanup efforts. Critics have questioned whether the penalties adequately reflect the severity of the offense and the potential long-term health risks associated with the abandoned hazardous waste.
Key Facts
- Defendant: Kathlene Ann Cox, Herb Larsen, and Curry
- Location: Pecos, Texas
- Year: 2013 (Sentencing)
- Statute Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act (CAA) – negligent release of hazardous air pollutant.
- Waste Amount: Approximately 7,000 tons of batteries, components, and hazardous materials.
- Penalty: 12 months probation for each defendant; no fines imposed.
The case highlights the challenges faced by environmental regulators in holding companies and individuals accountable for improper hazardous waste management and the lasting consequences of industrial abandonment. The GrimyTimes will continue to follow developments regarding the ongoing cleanup of the BRI facility and any potential appeals related to the sentencing.
Source: EPA ECHO Enforcement Case Database
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