Athens, TN – Selective Structures, L.L.C., a Tennessee-based manufacturer of billboard and roadside sign supports, has been sentenced following a guilty plea to illegally storing hazardous waste at its facility. The company was penalized for violations of the Resource Conservation and Recovery Act (RCRA), a federal law governing the disposal of solid and hazardous waste.
According to court documents and statements from the Department of Justice, Selective Structures accumulated spent Xylene solvent – a highly flammable and potentially harmful chemical – on its property for over five years, from January 2003 to April 2008. Instead of utilizing a licensed hazardous waste disposal service as required by RCRA, the company stockpiled the solvent, ultimately amassing over sixty 55-gallon drums. A disturbing attempt was then made by employees to improperly dispose of the waste by mixing it with sawdust using pitchforks, a practice deemed “completely unacceptable” by officials.
The illegal activity came to light following an inspection by the Tennessee Department of Environment and Conservation. Subsequent to the state’s findings, special agents from the U.S. Environmental Protection Agency’s (EPA) Criminal Investigation Division executed a search warrant in April 2008, confirming the presence of illegally stored hazardous waste. The investigation revealed that Selective Structures failed to adhere to basic environmental regulations designed to protect both human health and the environment.
Penalties and Sentencing
On June 8, 2010, U.S. District Judge Thomas Varlan sentenced Selective Structures to a $80,000 criminal fine and an additional $179,174.18 in penalties and damages payable to the Tennessee Department of Environment and Conservation. The company was also placed on 37 months of probation. As part of the probationary terms, Selective Structures is mandated to hire an independent environmental consultant to conduct quarterly compliance audits and submit the results to the Department of Justice.
RCRA Violations and Legal Ramifications
The company pleaded guilty to knowingly violating 42 U.S.C. 6928(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA). RCRA establishes a “cradle-to-grave” system for managing hazardous waste, requiring proper identification, storage, transportation, treatment, and disposal. Failure to comply with these regulations can result in significant criminal and civil penalties. Xylene, a solvent used in the company’s manufacturing process, is a listed hazardous waste due to its ignitability and potential health effects, including skin irritation, headaches, dizziness, nausea, and vomiting.
Statements from Officials
“Companies that handle hazardous waste must follow the proper procedures in order to appropriately dispose of the materials,” stated Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “We will continue to prosecute companies and individuals that choose to ignore the law and put human health and the environment at risk.” James R. Dedrick, U.S. Attorney for the Eastern District of Tennessee, echoed this sentiment, emphasizing the Department of Justice’s commitment to aggressively investigating and prosecuting environmental violations. Maureen O’Mara, Special Agent-in-Charge of EPA’s criminal enforcement program, added that those who disregard environmental regulations “put the public and the environment at risk and they will be prosecuted.”
Key Facts
- Defendant: Selective Structures, L.L.C.
- Crime: Illegal storage and improper disposal of hazardous waste (spent Xylene solvent).
- Location: Athens, Tennessee
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Penalties: $80,000 criminal fine, $179,174.18 in penalties/damages to TN Dept. of Environment & Conservation, 37 months probation, and mandatory environmental audits.
- Timeline: Illegal activity occurred from January 2003 to April 2008; sentencing on June 8, 2010.
The case was jointly investigated by the EPA’s Criminal Investigation Division and prosecuted by the Environmental Crimes Section of the Justice Department, along with the U.S. Attorney’s Office for the Eastern District of Tennessee.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Edward Miller, Hazardous Waste Disposal, NE 2020 · New York
- Vernon John Masterson, Hazardous Waste Disposal, TN 2007 · Tennessee
- George Mills, Hazardous Waste Violation, AL 1985 · Alabama
- Johnnie James Williams, Hazardous Waste Crime, TN 2011 · Tennessee
- Arville O. Thomas, Hazardous Waste Violation, AL 2012 · Alabama
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime