Robert B. Whiteman, Unlawful Storage of Hazardous Waste without a Permit, Virginia 2009

Gloucester, VA – Former metal plating company owner Robert B. Whiteman was sentenced in April 2009 following a guilty plea related to the illegal storage and abandonment of hazardous waste at his now-defunct Control Products USA facility in Gloucester, Virginia. The case, investigated by the Environmental Protection Agency (EPA), revealed a blatant disregard for environmental regulations and public safety, leaving a costly and dangerous cleanup in its wake.

Whiteman was initially charged with three counts of violating the Resource Conservation and Recovery Act (RCRA) on September 9, 2008. The charges stemmed from the discovery of numerous 55-gallon drums containing a cocktail of toxic and corrosive substances, including sulfuric acid, nickel, lead, chrome, and arsenic. Authorities found the drums improperly stored and ultimately abandoned on the property, posing a significant threat of soil and water contamination.

The EPA’s investigation revealed that Whiteman knowingly failed to obtain the necessary permits for treating, storing, and disposing of the hazardous waste generated by Control Products USA. He also allegedly transported the waste without proper manifests, further violating federal regulations designed to track and control the movement of dangerous materials. The abandonment of the drums left the responsibility – and the financial burden – of remediation to the public.

On April 17, 2009, Whiteman pled guilty to one count of unlawful storage of hazardous waste without a permit – specifically, a violation of 42 U.S.C. §6928(d)(2)(A). The remaining charges – 42 U.S.C. §6928(d)(1)(A) (illegal transportation of hazardous waste) and 42 U.S.C. §6928(d)(5) (transportation without a manifest) – were dismissed as part of the plea agreement.

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Sentencing & Restitution

Following the guilty plea, Whiteman received a sentence of 12 months and one day of incarceration, followed by a three-year probationary period. More significantly, the court ordered Whiteman to pay $128,217 in restitution. This sum covered the extensive costs incurred by authorities in cleaning up the contaminated site, including the proper disposal of the drums and a substantial quantity of polluted soil. The cleanup was crucial to prevent further environmental damage and safeguard the health of the local community.

Key Facts

Defendant: Robert B. Whiteman
Location: Glouster, Virginia
Crime: Illegal storage and abandonment of hazardous waste
Statutes Violated: 42 U.S.C. §6928(d)(2)(A), 42 U.S.C. §6928(d)(1)(A), 42 U.S.C. §6928(d)(5)
Sentence: 12 months and 1 day incarceration, 3 years probation
Restitution: $128,217
Hazardous Materials: Sulfuric acid, nickel, lead, chrome, and arsenic

This case serves as a stark reminder of the serious consequences for violating environmental laws and underscores the EPA’s commitment to holding individuals accountable for endangering public health and the environment through irresponsible hazardous waste management practices.

Source: EPA ECHO Enforcement Case Database

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