Cleveland, TN – Simpson Construction, a Tennessee-based road and bridge construction company, and its president, Claude Simpson, were sentenced in 2001 following a federal investigation into the illegal disposal of hazardous waste. The case, prosecuted by the Environmental Protection Agency (EPA), revealed a pattern of knowingly circumventing environmental regulations, resulting in significant financial penalties and mandated environmental remediation.
According to court documents, Simpson Construction and a former employee, identified as Hicks, illegally burned solvent and paint wastes in a pit located at the company’s facility. This practice, a clear violation of federal law, bypassed proper hazardous waste disposal procedures and posed a potential threat to both human health and the environment. The EPA’s investigation began after evidence surfaced suggesting a deliberate attempt to conceal the improper waste disposal from regulatory oversight.
The charges were initially filed in January 2000, with Simpson Construction and Hicks charged with violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing treatment, storage, or disposal of hazardous waste without a permit. Claude Simpson was additionally indicted under 18 U.S.C. 4, for knowingly concealing the commission of a felony. Hicks was later implicated in further violations, including accessory after the fact (18 U.S.C. 2 & 3) and failure to file required environmental reports (42 U.S.C. 6928(d)(4)).
In January 2001, both Simpson Construction and Claude Simpson entered guilty pleas to the federal charges. Hicks also pled guilty to misdemeanor counts related to his involvement in the cover-up and failure to maintain accurate records. The guilty pleas paved the way for sentencing in July 2001, where Judge [Editor’s Note: Judge’s name not available in source data] levied a substantial financial penalty against the company and its leader.
Environmental Remediation & Penalties
The total penalty imposed on Simpson Construction and Claude Simpson amounted to $867,320.83. However, rather than solely issuing a fine, the court mandated a comprehensive plan for environmental improvement. $75,000 was allocated to developing an environmental compliance program for Simpson Construction employees, aimed at preventing future violations. An additional $100,000 was designated for the creation of training videos for construction workers throughout Tennessee, promoting best practices in environmental stewardship. The bulk of the penalty, $667,320.83, was directed towards the restoration and conversion of the Cleveland Ready Mix site into a public park – a direct benefit to the local community impacted by the illegal dumping. A final $25,000 was paid as a criminal fine.
Hicks received a lighter sentence, being sentenced to 12 months of probation and ordered to pay a $100 special assessment fee. While the penalties levied against Simpson Construction and Claude Simpson were significant, the case serves as a stark reminder of the importance of adhering to environmental regulations and the consequences of prioritizing profit over responsible waste management.
Key Facts
- Defendant: Simpson Construction & Claude Simpson
- Location: Cleveland, Tennessee
- Year: 2001
- Crime: Illegal disposal of hazardous waste (solvent and paint waste)
- Statutes Violated: 42 U.S.C. 6928(d)(2)(A), 18 U.S.C. 4, 18 U.S.C. 2 & 3, 42 U.S.C. 6928(d)(4)
- Penalty: $867,320.83 in fines and environmental improvement projects. Hicks received 12 months probation and a $100 fee.
- Remediation: Funds used for employee training, construction worker education videos, and conversion of a contaminated site into a park.
