Tampa, FL – Kempton Brothers, Inc. and its owner, Robert Kempton, were convicted of federal environmental crimes in 1999 following a disturbing case of groundwater contamination in Hillsborough County, Florida. The company operated an automobile parts cleaning facility where hazardous waste disposal practices led to the pollution of critical drinking water sources, impacting a nearby community.
According to court documents, Kempton Brothers employees routinely used gasoline and other dangerous solvents to clean automobile parts. Instead of proper disposal, these fluids – along with waste automobile fluids like transmission fluid, brake fluid, antifreeze, oil, and additional gasoline – were directed into an unlined gravel pit. This pit, concealed under a plywood cover, acted as an illegal dumping ground, allowing the toxic substances to seep into the surrounding environment.
An investigation triggered by concerns from local residents revealed the gravity of the situation. Groundwater studies confirmed that constituents of unleaded gasoline had contaminated both the shallow aquifer and the vital Floridian aquifer beneath the Kempton facility. These aquifers serve as the primary source of potable water for numerous wells in the surrounding neighborhood, raising significant health concerns for residents.
Legal Ramifications
The company and its owner faced charges under the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing violation of hazardous waste regulations. An indictment was issued on September 30, 1997, alleging two counts of RCRA violation. After over a year of legal proceedings, on September 18, 1998, both Kempton Brothers, Inc. and Robert Kempton entered guilty pleas.
Sentencing and Penalties
On January 15, 1999, the court handed down its sentences. Kempton Brothers, Inc. was sentenced to five years of probation and ordered to pay a substantial federal fine of $150,000. Robert Kempton received a 12-month prison sentence, followed by 36 months of probation. He was also personally liable for $3,514 in restitution to the Environmental Protection Commission of Hillsborough County and the Florida Department of Environmental Protection, in addition to a personal federal fine of $100,000.
Key Facts
- Defendant: Kempton Brothers, Inc. & Robert Kempton
- Crime: Illegal hazardous waste disposal, groundwater contamination
- Location: Hillsborough County, Florida
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) (RCRA)
- Contaminants: Gasoline, solvents, automobile fluids
- Impact: Contamination of shallow and Floridian aquifers, impacting local potable water supply
- Penalties: $150,000 corporate fine, $100,000 individual fine, 12 months imprisonment for Robert Kempton, restitution of $3,514, 5 years corporate probation, 3 years individual probation.
This case serves as a stark reminder of the severe consequences of neglecting environmental regulations and prioritizing profit over public health. The long-term effects of the groundwater contamination continue to be monitored, and the community remains vigilant in ensuring the responsible handling of hazardous waste in the future.
Source: EPA ECHO Enforcement Case Database
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