Safety-Kleen, Hazardous Waste Fraud, NY 2007

ITHACA, NY – Safety-Kleen Corporation, formerly known as Laidlaw Environmental Services, Inc., has been convicted of federal crimes related to the improper handling and mislabeling of hazardous waste. The case, originating from an incident in 1998 but resolved in 2007, highlights ongoing concerns about environmental regulations and corporate accountability in the waste management industry.

According to court documents, on June 3, 1998, a Safety-Kleen employee collected hazardous waste from a facility in Ithaca, New York. This waste was known to be contaminated with mercury, a highly toxic substance. Instead of properly identifying the waste’s hazardous properties, Safety-Kleen employees deliberately mislabeled the shipment, omitting the required RCRA designation D009 – the specific code for mercury-contaminated waste.

The deliberate mislabeling constitutes a violation of the Resource Conservation and Recovery Act (RCRA), the primary federal law governing the disposal of solid and hazardous waste. Prosecutors argued that Safety-Kleen knowingly made false statements on the hazardous waste manifest, a document crucial for tracking and ensuring the safe handling of dangerous materials. The omission of the D009 designation effectively concealed the true nature of the waste, potentially endangering workers and the environment.

The case remained under investigation for nearly a decade before charges were formally filed on August 15, 2007. Safety-Kleen was charged with one count of violating 42 U.S.C. 6928(d)(3), which specifically addresses knowingly making false statements related to hazardous waste management. Faced with the evidence, the company entered a guilty plea.

The sentencing, handed down shortly after the guilty plea, included a $400 special assessment fee and a substantial $250,000 federal fine. While the financial penalties represent a degree of accountability, environmental advocates argue that such fines are often insufficient to deter large corporations from similar offenses. The incident raises questions about Safety-Kleen’s internal oversight and whether adequate measures were in place to prevent the intentional mislabeling of hazardous materials.

This case serves as a reminder of the critical importance of accurate hazardous waste documentation and the potential consequences of non-compliance with environmental regulations. The EPA continues to aggressively pursue enforcement actions against companies that attempt to circumvent environmental laws, aiming to protect public health and the environment from the dangers of improperly managed hazardous waste.

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Key Facts

Defendant: Safety-Kleen Corporation (formerly Laidlaw Environmental Services, Inc.)
Location: Ithaca, New York
Year of Incident: 1998
Year of Conviction: 2007
Statute Violated: 42 U.S.C. 6928(d)(3) – Knowingly making false statements regarding hazardous waste. RCRA designation D009 (mercury contamination) omitted.
Penalties: $400 special assessment fee and $250,000 in federal fines.
Crime: Hazardous waste fraud and mislabeling.

GrimyTimes will continue to follow developments in environmental crime and corporate accountability.

Source: EPA ECHO Enforcement Case Database

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