Gary, Indiana – Kenneth Morrison was sentenced in November 1995 following a protracted legal battle stemming from a significant environmental incident in June 1993. Morrison illegally discharged approximately 1,000 gallons of oil into the Schuylkill River during a tank salvaging operation, demonstrating a blatant disregard for both environmental regulations and public safety.
The incident occurred while Morrison was dismantling large storage tanks containing both tar and oil. Instead of immediately reporting the spill to the appropriate authorities – a crucial step in mitigating environmental damage – Morrison attempted a makeshift containment effort. He constructed a sand berm, a tactic that ultimately proved ineffective in preventing the oil from spreading and contaminating the waterway. This delay in notification exacerbated the impact of the spill, hindering swift and effective cleanup efforts.
The case gained momentum on August 2, 1994, when Morrison was formally indicted on nine separate counts. These charges included violations of the Clean Water Act (CWA) – specifically 33 U.S.C. 1311 for knowingly violating the act, 33 U.S.C. 1319 concerning illegal discharge, and 33 U.S.C. 1321(b)(5) for failing to notify the authorities as required by law. Additionally, the indictment included a violation of the Clean Air Act (CAA), 42 U.S.C. 7413(c)(1), for knowingly violating provisions of that act.
Facing trial, Morrison unexpectedly entered a guilty plea on January 30, 1995 – the very day before jury selection was scheduled to begin. He admitted guilt to two counts: one count of violating the Clean Water Act for failing to report the oil spill, and one count of violating the Clean Air Act. Prosecutors agreed to dismiss the remaining seven counts against him as part of the plea bargain. The plea likely stemmed from the overwhelming evidence and the severity of the potential penalties.
On November 20, 1995, Judge [Judge’s name not available in source data] handed down the sentence. Morrison received 12 months and one day of incarceration on each of the two counts to which he pleaded guilty, with the sentences to run concurrently. This means Morrison served a combined sentence of just over one year. Beyond imprisonment, the court ordered Morrison to pay $50,000 in restitution to the National Fund Center, a fund designed to support environmental remediation projects, and levied a $100 special assessment fee.
Key Facts
- Defendant: Kenneth Morrison
- Location: Schuylkill River, Indiana
- Date of Spill: June 1993
- Amount of Oil Spilled: Approximately 1,000 gallons
- Statutes Violated: 33 U.S.C. 1311, 33 U.S.C. 1319, 33 U.S.C. 1321, 42 U.S.C. 7413(c)(1)
- Penalty: 12 months and 1 day incarceration (concurrent sentences), $50,000 restitution, $100 assessment fee
- Failed Action: Defendant attempted ineffective containment with a sand berm instead of notifying authorities.
This case serves as a stark reminder of the serious consequences associated with environmental crimes. The deliberate failure to report a hazardous spill, coupled with the discharge itself, demonstrates a reckless disregard for the environment and the laws designed to protect it. The EPA’s successful prosecution of Morrison underscores its commitment to enforcing environmental regulations and holding polluters accountable for their actions.
Source: EPA ECHO Enforcement Case Database
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