Merlyn Pollock, Toxic Disposal, MO 1988

St. Louis, MO – Merlyn Pollock avoided jail time but received significant financial penalties after pleading guilty to federal charges stemming from the improper disposal of hazardous chemicals in Missouri. The case, originating from the shuttered Posch Foundry, highlights the ongoing struggle to regulate industrial waste and hold individuals accountable for environmental crimes.

According to court documents, Pollock purchased the Posch Foundry laboratory and subsequently oversaw the illegal dumping of chemical byproducts. Rather than adhering to stringent federal regulations governing toxic substance disposal, the chemicals were discarded at a local sanitary landfill – a practice explicitly prohibited under the law – and abandoned in an open field, posing a potential risk to public health and the environment. The Environmental Protection Agency (EPA) initiated the investigation that ultimately led to Pollock’s indictment.

Pollock was initially indicted on June 23, 1987, facing two counts of violating the Toxic Substances Control Act (TSCA), specifically 15 U.S.C. 2614 and 2615, and one count under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(d). Federal prosecutors alleged that Pollock knowingly failed to properly manage and dispose of the hazardous materials inherited with the Posch Foundry property, demonstrating a disregard for established environmental safeguards.

The case took a turn on November 9, 1987, when Pollock entered a guilty plea to the two TSCA violations. He later received a suspended sentence of 12 months probation on each count, to be served concurrently, effectively avoiding incarceration. However, the court levied a substantial financial burden. Pollock was ordered to pay a $25 administrative fine per count, totaling $50, as well as a hefty $35,000 fine, to be paid off within the first ten months of his probationary period.

The prosecution also included a charge of making false statements – a violation of 18 U.S.C. 1001 – suggesting Pollock may have attempted to mislead investigators regarding the nature and extent of the chemical waste. While the details of those statements remain sealed, they contributed to the severity of the charges and ultimately influenced the sentencing decision. The relatively lenient sentence, despite the potential for jail time, has raised questions among environmental watchdogs about the effectiveness of current penalties in deterring similar offenses.

This case serves as a stark reminder that the responsibility for proper hazardous waste management extends beyond the operation of a facility to its eventual ownership transfer. The EPA continues to aggressively pursue enforcement actions against individuals and companies that violate environmental laws, prioritizing the protection of communities and ecosystems from the dangers of toxic pollution.

Table of Contents

Key Facts

Defendant: Merlyn Pollock
Location: Missouri
Year: 1988
Laws Violated: 15 U.S.C. 2615, 42 U.S.C. 6928(d)(2)(A), 18 U.S.C. 1001
Crime: Improper disposal of hazardous chemicals from Posch Foundry.
Penalty: 12 months suspended probation (concurrent on two counts), $50 administrative fine, $35,000 fine.
Disposal Methods: Chemicals were disposed of at a sanitary landfill and abandoned in an open field.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases