Fort Wayne, Indiana – Michelle Rousseff-Kemp, the owner and president of an environmental services company, has been sentenced to probation and fined for multiple federal crimes related to the illegal handling and fraudulent reporting of hazardous waste. The case, investigated by the Environmental Protection Agency (EPA) and brought to court in 2022, reveals a pattern of deceit and disregard for environmental regulations.
Rousseff-Kemp’s company presented itself as a comprehensive waste management solution, offering hazardous waste transportation and brokerage services. However, authorities discovered the business operated without the necessary permits to legally store hazardous materials. This lack of permitting was compounded by a deliberate scheme to mislead clients and regulatory bodies regarding the disposal of dangerous waste.
The fraud came to light after a client requested proof of disposal for hazardous waste picked up in June 2018. Instead of providing legitimate documentation, Rousseff-Kemp allegedly forged the signature of a representative from the designated Treatment, Storage, and Disposal (TSD) facility on a hazardous waste manifest. This falsified document claimed the waste had been delivered on July 15, 2018, despite the fact it remained unlawfully stored at Rousseff-Kemp’s facility. An employee refused to sign the manifest on behalf of the TSD facility, leading Rousseff-Kemp to commit the forgery herself.
The deception didn’t stop there. In March 2019, Rousseff-Kemp arranged for another transportation company to collect hazardous waste from a separate generator. This waste was then stored at her company’s facility – and other undisclosed locations – for several months. Facing an inspection from the Indiana Department of Environmental Management (IDEM) in May 2019, Rousseff-Kemp allegedly orchestrated a cover-up, directing the removal of three trailers filled with drums of waste, including the illegally stored material, to an off-site location just prior to the inspection. During the IDEM inspection, she falsely claimed the trailers were empty and had not been present that week.
Federal prosecutors successfully argued that Rousseff-Kemp knowingly violated federal laws designed to protect human health and the environment. She was found guilty of violating Title 18 U.S. Code Section 1001(a)(3), which prohibits knowingly making false statements to the federal government, and 42 U.S.C. 6928(d)(2)(A), part of the Resource Conservation and Recovery Act (RCRA) governing hazardous waste management. RCRA establishes a “cradle-to-grave” system to control hazardous waste from its generation to its final disposal.
Key Facts
- Defendant: Michelle Rousseff-Kemp
- Location: Fort Wayne, Indiana
- Crime: Fraudulent hazardous waste management and false reporting
- Statutes Violated: 18 U.S.C. 1001(a)(3), 42 U.S.C. 6928(d)(2)(A)
- Penalty: 24 months probation and a $5,500 fine
- Key Evidence: Forged hazardous waste manifest, concealment of waste prior to inspection, false statements to IDEM inspectors
- Date of Sentencing: June 16, 2022
The EPA’s criminal enforcement program aims to deter illegal activity and ensure compliance with environmental regulations. This case serves as a stark reminder that those who prioritize profit over environmental protection and public safety will be held accountable for their actions. The falsification of hazardous waste manifests not only undermines the integrity of the waste management system but also poses significant risks to communities and ecosystems.
Source: EPA ECHO Enforcement Case Database
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