Roof Depot, Unlawful Storage and Disposal of Hazardous Waste, Minnesota 2005

Minneapolis, MN – Roof Depot, a Minnesota-based building materials supplier, was sentenced in February 2005 following a guilty plea to federal criminal charges stemming from the unlawful storage and disposal of hazardous waste. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate effort to conceal dangerous materials, resulting in significant financial penalties and community service obligations.

According to court documents, in September 1998, Roof Depot accepted multiple pallet loads of hazardous waste – including roofing cement, strippers, and solvents – at its facility located on 28th Street in Minneapolis. Rather than properly disposing of these materials, the company employees stored them outside, concealed under a tarp, behind the building. This initial act of unlawful storage quickly escalated.

The situation worsened in March 1999, when Roof Depot employees illegally buried the hazardous waste within an unloading dock area that was undergoing filling and grading. This clandestine burial represented a direct violation of federal environmental regulations and posed a potential threat to both human health and the surrounding environment. The deliberate attempt to bury the waste suggests an intent to avoid the costs and responsibilities associated with proper hazardous waste disposal.

The EPA’s investigation led to a single count being filed against Roof Depot on September 27, 2004, charging the company with violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), concerning the unlawful storage and disposal of hazardous waste. The company entered a guilty plea on October 20, 2004, acknowledging its wrongdoing and triggering the sentencing phase of the case.

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Sentencing and Restitution

On February 16, 2005, Roof Depot received a sentence of 60 months probation. In addition to probation, the court levied substantial financial penalties, including a $75,000 federal criminal fine and a $400 special assessment fee. Further demonstrating the severity of the offense, the company was ordered to pay restitution totaling over $36,000 to both the Hennepin County Department of Environmental Services and the Minnesota Pollution Control Agency. A further $50,000 in restitution was directed to the Midwest Environmental Enforcement Association.

In a unique component of the sentencing, Roof Depot was also mandated to provide in-kind contributions valued at $190,000 to Twin Cities Habitat for Humanity. This requirement aimed to redirect the company’s resources toward a positive community impact, offsetting some of the environmental damage caused by their illegal actions. The case serves as a stark reminder of the serious consequences associated with improper hazardous waste management and the EPA’s commitment to enforcing environmental laws.

Key Facts

Defendant: Roof Depot
Crime: Unlawful storage and disposal of hazardous waste
State: Minnesota
Year: 2005
Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
Penalties: 60 months probation, $75,000 fine, $400 special assessment, $36,000+ restitution to state agencies, $50,000 restitution to MEEA, $190,000 in-kind donation to Habitat for Humanity
Waste Type: Roofing cement, strippers, and solvents

Source: EPA ECHO Enforcement Case Database

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