HOUSTON, TX – Lyndell Harvie Basham, the former owner of D & D Plating, was sentenced in May 1999 after pleading guilty to multiple violations of the Resource Conservation and Recovery Act (RCRA). The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of illegal hazardous waste handling and disposal that spanned from his plating business to a subsequent television repair service.
According to court documents, Basham, following the sale of D & D Plating, illicitly transported hazardous wastes generated by the business to both his personal residence and another business location. Instead of proper disposal through permitted facilities, Basham opted to circumvent regulations, storing the dangerous materials improperly. The scheme escalated when Basham began disposing of the waste in small amounts within the regular trash stream at his television service business – a blatant disregard for environmental and public safety.
The investigation gained momentum on September 2, 1998, when Basham was indicted on federal charges. The indictment specifically cited violations of 42 U.S.C. 6928(d)(1), pertaining to the unlawful transportation of hazardous waste to an unpermitted facility. He was also charged with violating 42 U.S.C. 6928(d)(2)(A), which prohibits the treatment, storage, and disposal of hazardous waste without the necessary permits, and 42 U.S.C. 6928(d)(5), covering the illegal transportation of hazardous waste without a required manifest.
The EPA’s criminal enforcement program targets those who knowingly endanger human health and the environment through illegal waste management practices. Hazardous waste, often containing toxic chemicals and heavy metals, poses significant risks if not handled correctly. Improper disposal can contaminate soil, groundwater, and air, leading to severe health problems and ecological damage. The agency emphasized that holding individuals accountable for these violations is crucial to deterring future offenses.
On November 25, 1998, Basham entered a guilty plea, acknowledging his responsibility for the illegal activities. The sentencing, handed down on May 3, 1999, saw Basham receive a 24-month probationary period. In addition to probation, he was ordered to pay $2,000 in federal fines as a penalty for his actions. While a relatively light sentence, EPA officials hoped it would serve as a warning to others considering similar violations.
This case highlights the ongoing challenges faced by environmental regulators in ensuring compliance with hazardous waste laws. Despite stringent regulations, individuals continue to attempt to cut corners, putting communities and ecosystems at risk. The EPA continues to prioritize enforcement actions against those who prioritize profit over environmental protection.
Key Facts
- Defendant: Lyndell Harvie Basham
- Location: Texas
- Year: 1999
- Crime: Illegal transportation, storage, and disposal of hazardous waste.
- Statutes Violated: 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(5)
- Penalty: 24 months probation and $2,000 in federal fines.
- Business Involved: D & D Plating, Television Repair Service
Source: EPA ECHO Enforcement Case Database
