Jack Kessel, Hazardous Waste Violation, Texas 2010

Alvin, TX – Texas Oil & Gathering, Inc. (TOG), a hazardous waste transporter and used oil handler, was sentenced following a federal investigation into illegal waste disposal practices, culminating in a guilty plea and substantial fines in July 2010. The case, originating from a deadly 2003 explosion, revealed a pattern of negligent and knowing violations of environmental regulations, endangering both workers and the public.

The investigation stemmed from an incident at BLSR, a Rosharon, Texas facility with permitted Class II injection wells for oil and gas production waste. In January 2003, an explosion during the offloading of waste materials claimed the lives of two truck drivers and severely injured three BLSR employees. The explosion was attributed to a vapor cloud ignited by backfiring truck engines – engines that lacked proper electronic grounding. A subsequent witness statement pointed fingers at TOG for allegedly illegally disposing of hazardous waste at the BLSR facility, prompting a deeper federal probe.

Federal prosecutors discovered that the scope of TOG’s illegal activities extended beyond the BLSR incident. The company, owned by Jack Kessel and managed by Edgar Pettijohn, was found to have been illegally treating and disposing of hazardous wastes collected from multiple sources. The investigation revealed a deliberate disregard for proper handling and disposal procedures, violating the Resource Conservation and Recovery Act (RCRA).

On November 14, 2007, TOG, Kessel, and Pettijohn were indicted on 14 counts, including conspiracy (18 U.S.C. 371) and multiple violations of RCRA (42 U.S.C. 6928(d)(1) for negligent violations and 42 U.S.C. 6928(d)(2)(A) for knowingly violating regulations), as well as 42 U.S.C. 300h2(b)(2). All three defendants ultimately pled guilty to all counts.

The sentencing, handed down on July 21, 2010, saw Texas Oil & Gathering fined $40,000 and placed on five years of probation. Jack Kessel received a personal fine of $40,000 and a five-year probationary sentence. Edgar Pettijohn was also sentenced to five years probation. The penalties reflect the severity of the violations and the potential environmental and health risks associated with improper hazardous waste management.

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Key Facts

Defendant: Texas Oil & Gathering, Inc.
Location: Alvin, Texas
Incident Origin: 2003 explosion at BLSR facility resulting in fatalities and injuries
Laws Violated: 18 U.S.C. 371 (Conspiracy), 42 U.S.C. 6928(d)(1) & (d)(2)(A) (RCRA violations), 42 U.S.C. 300h2(b)(2)
Penalties: TOG – $40,000 fine, 5 years probation; Kessel – $40,000 fine, 5 years probation; Pettijohn – 5 years probation.
Hazardous Waste: Illegally transported and disposed of hazardous waste from multiple companies.

The case serves as a stark reminder of the critical importance of adhering to environmental regulations and the potentially devastating consequences of negligence and criminal activity within the hazardous waste industry. GrimyTimes will continue to follow developments in environmental crime and hold polluters accountable.

Source: EPA ECHO Enforcement Case Database

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