Mobile, Alabama – Larry Clay Lavender, president of American Bumper Company (ABC), was sentenced in July 1991 following a guilty plea to federal charges of illegally storing hazardous waste. The case, investigated by the Environmental Protection Agency (EPA), highlights a deliberate disregard for environmental regulations and poses significant risks to public health and safety.
According to court documents, Lavender knowingly maintained approximately 68 drums containing dangerous substances – including chromic acid, cyanide, and various heavy metals – on the ABC electroplating facility grounds for over 90 days without the required permits or authorization. The Resource Conservation and Recovery Act (RCRA) mandates strict protocols for the handling and storage of hazardous waste to prevent contamination of soil, water, and air. ABC, as an automobile bumper electroplating facility, generated substantial hazardous waste as a byproduct of its operations.
The EPA initiated its investigation after discovering the unpermitted storage during a routine compliance inspection. The prolonged, improper storage of these materials presented a clear and present danger, increasing the potential for leaks, spills, and subsequent environmental damage. Investigators found no evidence that ABC had implemented adequate containment measures or emergency response plans to address a potential release of the hazardous substances.
Lavender was formally charged on April 26, 1991, with a one-count information alleging violation of 42 U.S.C. 6928(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA). He promptly entered a guilty plea, acknowledging his responsibility for the illegal storage practices. The prosecution argued that Lavender’s actions demonstrated a pattern of negligence and a willingness to prioritize cost savings over environmental protection.
Sentencing and Restitution
On July 11, 1991, Judge delivered a sentence of six months confinement in a community correctional facility, followed by a five-year probationary period. Beyond incarceration, Lavender was ordered to pay a substantial restitution of $114,761.90 to the United States, specifically earmarked for site remediation and cleanup efforts related to the RCRA violations. This restitution reflects the considerable cost associated with mitigating the environmental damage caused by ABC’s actions.
The case of Larry Clay Lavender and American Bumper Company serves as a stark reminder of the serious consequences associated with violating environmental laws. The EPA continues to aggressively pursue enforcement actions against individuals and companies that endanger public health and the environment through improper handling and storage of hazardous waste. The incident underscores the importance of strict adherence to RCRA regulations and the necessity of proactive environmental compliance programs within industrial facilities.
Key Facts
- Defendant: Larry Clay Lavender, President of American Bumper Company
- Location: Mobile, Alabama
- Year: 1991
- Crime: Illegal storage of hazardous waste
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Hazardous Materials: Chromic acid, cyanide, and heavy metals
- Quantity: Approximately 68 drums
- Sentence: 6 months confinement, 54 months probation
- Restitution: $114,761.90
- Company: American Bumper Company (ABC) – automobile bumper electroplating facility
Source: EPA ECHO Enforcement Case Database
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