BLUEFIELD, VA – Robert S. Painter, the former president and sole shareholder of Abbs Valley Electric Company (AVE), was sentenced to prison in August 1993 for a scheme involving the illegal dumping of hazardous waste in rural Virginia. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate pattern of environmental violations driven by cost-cutting measures.
AVE, operating out of Bluefield, Virginia, specialized in the repair, maintenance, and resale of electric motors used in mining operations. A key component of their business generated hazardous waste – specifically, spent vapor degreasing chemicals. Instead of properly disposing of this waste through licensed facilities, Painter directed AVE employees to collect the chemicals in 55-gallon drums and illegally dump them over a hillside near Jenkins Jones, Virginia. This practice bypassed all environmental regulations and posed a significant risk to both human health and the surrounding ecosystem.
The EPA’s investigation, which led to Painter’s indictment on January 11, 1993, uncovered a clear pattern of knowingly violating federal law. Painter wasn’t simply negligent; authorities alleged a calculated effort to avoid the expenses associated with responsible hazardous waste management. The indictment included charges under the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(1) for knowingly transporting hazardous waste, 42 U.S.C. 6928(d)(2)(A) for treating, storing, and disposing of hazardous waste without a permit, and 42 U.S.C. 6928(d)(5) for transporting hazardous waste without a manifest.
Conspiracy and RICO Charges
Beyond the RCRA violations, Painter faced charges of conspiracy (18 U.S.C. 371) and, notably, violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. 1962(b). The RICO charge stemmed from the assertion that the illegal dumping was not an isolated incident, but rather a sustained pattern of criminal activity undertaken as part of AVE’s business operations – essentially, using illegal practices to gain a competitive advantage.
Guilty Plea and Sentencing
Facing mounting evidence, Painter ultimately pled guilty on June 7, 1993, to three counts: one RCRA violation (treating/disposing without a permit), one count of conspiracy, and one count of violating the RICO statute. This plea agreement acknowledged the severity of his actions and the deliberate nature of the environmental crimes. On August 31, 1993, Judge Robert G. Doumar sentenced Painter to 30 months of incarceration, followed by a 36-month period of supervised probation. The sentence reflects the seriousness with which federal authorities treat environmental crimes, particularly those involving the intentional disregard for public safety and environmental regulations.
Key Facts
- Defendant: Robert S. Painter
- Company: Abbs Valley Electric Company (AVE)
- Location: Bluefield and Jenkins Jones, Virginia
- Hazardous Waste: Spent vapor degreasing chemicals
- Laws Violated: 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(5), 18 U.S.C. 371, 18 U.S.C. 1962(b)
- Penalties: 30 months incarceration, 36 months probation
- The case highlights the EPA’s commitment to prosecuting individuals who prioritize profit over environmental responsibility.
Source: EPA ECHO Enforcement Case Database
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