Everett, WA – A decades-old case of illegal hazardous waste dumping has resurfaced, revealing a pattern of deliberate environmental crime orchestrated by executives at Panama Machinery & Equipment Co., Inc. (dba The Everett Steel Companies) and carried out by a network of illicit transporters. The Environmental Protection Agency (EPA) brought criminal charges against multiple individuals and the company itself, culminating in prison sentences, substantial fines, and restitution orders in 1992.
The investigation uncovered that Panama Machinery & Equipment, under the leadership of President Manney Berman and Vice Presidents Leon and Leonard Berman, generated significant quantities of highly ignitable hazardous waste at their Everett, Washington facility. Rather than adhere to federal regulations governing the proper handling and disposal of such materials, the Bermans conspired to illegally dump the waste, shirking responsibility and endangering public health and the environment.
The scheme involved hiring transporters – Merlin D. Long, along with accomplices Lingle and Rieman – to haul 292 fifty-five-gallon drums of the hazardous waste a staggering 400 miles to a remote, rural pasture in southeastern Washington. The illegal dumping site was chosen specifically to avoid detection and circumvent costly, legally mandated disposal procedures. The waste posed a significant fire risk and potential for soil and water contamination, a blatant disregard for environmental safety.
Legal Ramifications
On January 16, 1992, a ten-count indictment was returned against Long, Lingle, and Rieman, charging them with conspiracy to violate the Resource Conservation and Recovery Act (RCRA) – specifically 18 U.S.C. 371 – and with the illegal storage, transportation, and disposal of hazardous waste in violation of 42 U.S.C. 6928(d). The Bermans followed swiftly with a guilty plea to a one-count information also charging conspiracy to violate RCRA (18 U.S.C. 371) on January 17, 1992. All involved eventually entered guilty pleas.
The sentences handed down in June and August of 1992 reflected the severity of the crimes. Manney Berman, Leonard Berman, and Leon Berman each received twelve months of incarceration. Panama Machinery & Equipment Co., Inc. was sentenced to five years of probation and ordered to pay $497,458.19 in restitution, presumably to cover the costs of cleanup and environmental remediation. Long received a six-month prison sentence, a $2,000 fine, and 36 months of probation. Lingle and Rieman faced lighter sentences – two months of incarceration with four months of work release, a $2,000 fine, and 36 months of probation.
Key Facts
- Defendant(s): Merlin D. Long, Manney Berman, Leon Berman, Leonard Berman, Panama Machinery & Equipment Co., Inc.
- Location: Everett, Washington & Southeastern Washington pasture
- Statutes Violated: 42 U.S.C. 6928(d), 18 U.S.C. 371 (Resource Conservation and Recovery Act – RCRA)
- Waste Type: Highly ignitable hazardous waste
- Quantity: 292 55-gallon drums
- Sentencing: Bermans – 12 months incarceration; Panama Machinery – 60 months probation & $497,458.19 restitution; Long – 6 months incarceration, $2,000 fine, 36 months probation; Lingle & Rieman – 2 months incarceration/4 months work release, $2,000 fine, 36 months probation.
This case serves as a stark reminder of the consequences of environmental crime and the EPA’s commitment to holding polluters accountable. While the events occurred over three decades ago, the principles of environmental responsibility and strict adherence to hazardous waste regulations remain crucial today.
Source: EPA ECHO Enforcement Case Database
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