BOWLING GREEN, KY – RAD Services, Inc., a chemical manufacturing company, has been penalized following a federal investigation into the illegal storage and transportation of hazardous waste. The case, originating in 1982, culminated in guilty pleas and sentencing in late 1986, highlighting a pattern of environmental violations that spanned several years. Federal authorities uncovered that RAD Services knowingly stored toxic dust containing lead and cadmium – byproducts of their manufacturing process – without the necessary permits or adherence to safety regulations.
The investigation, led by the Environmental Protection Agency (EPA), revealed that RAD Services used a warehouse in Bowling Green as an unapproved repository for the hazardous materials. This practice directly violated the Resource Conservation and Recovery Act (RCRA), the cornerstone of federal hazardous waste regulation. The EPA’s scrutiny extended to key personnel within the company, specifically targeting executive president, Sciullo, and the head of the chemical division, Gary, both of whom faced individual charges related to the illicit activities.
Indictment and Plea Bargains
On April 25, 1986, a five-count indictment was filed in the Western District of Kentucky. RAD Services was charged with three counts of storing hazardous waste without a permit (42 U.S.C. 6928(d)(2)), one count of transporting hazardous waste to an unpermitted facility (42 U.S.C. 6928(d)(1)), and one count of conspiracy (18 U.S.C. 371). Sciullo and Gary also faced individual charges, including RCRA violations and conspiracy to commit said violations. After months of legal proceedings, plea agreements were reached. RAD Services admitted guilt to two counts of RCRA storage violations. Gary pled guilty to a single count of improper storage, while Sciullo confessed to one count of conspiracy and one count of RCRA storage violations.
Sentencing and Penalties
The sentencing, handed down on December 1, 1986, reflected the severity of the offenses. RAD Services was ordered to pay a substantial fine of $75,000, to be remitted within one year. Gary received a 24-month sentence under the custody of the U.S. Attorney General, with all but 30 days suspended. He was also levied a $10,000 fine, ordered to perform 200 hours of community service, and placed on 24 months of probation. Sciullo faced a similar fate, receiving two concurrent 24-month prison terms with all but six months suspended, a $10,000 fine, 200 hours of community service, and 24 months probation.
Implications and Ongoing Enforcement
This case serves as a stark reminder of the EPA’s commitment to enforcing environmental regulations and holding companies accountable for improper handling of hazardous materials. The penalties levied against RAD Services, Sciullo, and Gary are intended to deter similar violations and emphasize the importance of adhering to stringent waste management protocols. The EPA continues to prioritize investigations into potential RCRA violations, recognizing the significant risks posed by improperly stored and transported hazardous waste to both public health and the environment.
Key Facts
- Defendant: RAD Services, Inc.
- Location: Bowling Green, Kentucky
- Year of Violation: 1982 (discovery and subsequent enforcement in 1986-1987)
- Statutes Violated: 18 U.S.C. 371 (Conspiracy), 42 U.S.C. 6928(d)(2)(A) (Illegal Storage of Hazardous Waste), 42 U.S.C. 6928(d)(1) (Illegal Transportation of Hazardous Waste)
- Hazardous Waste: Lead and cadmium emission control dust
- Penalties: RAD Services – $75,000 fine; Gary – $10,000 fine, partial jail sentence, community service, probation; Sciullo – $10,000 fine, partial jail sentence, community service, probation.
GrimyTimes will continue to follow developments in environmental crime and report on efforts to protect communities from hazardous waste violations.
Source: EPA ECHO Enforcement Case Database
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