Alvin, TX – Texas Oil & Gathering, Inc. (TOG), a hazardous waste transporter and used oil handler, and two of its key personnel faced federal penalties following a multi-year investigation into illegal waste disposal practices. The case, originating from a deadly 2003 explosion, revealed a pattern of negligent and knowing violations of environmental regulations, culminating in guilty pleas and substantial fines in July 2010.
The investigation began after an explosion at a Rosharon, Texas facility operated by BLSR, a company permitted to dispose of oil and gas production waste via Class II injection wells. The blast, which occurred during the offloading of waste transported by TOG, tragically claimed the lives of two truck drivers and severely injured three BLSR employees. Investigators determined the explosion stemmed from a vapor cloud created during the offloading process, ignited by improperly grounded truck engines. A subsequent witness account alleged TOG was illegally disposing of hazardous waste at the BLSR site, prompting a deeper federal probe.
Federal prosecutors discovered TOG wasn’t simply utilizing BLSR for improper disposal following the explosion. The company was found to be illegally treating and disposing of hazardous wastes collected from multiple sources. The company’s Alvin, Texas facility, equipped with a distillation tower and numerous storage tanks, was central to the scheme. Evidence suggested TOG failed to properly manage and account for the hazardous materials in its care, ultimately circumventing regulations designed to protect both human health and the environment.
Legal Ramifications
On November 14, 2007, TOG, owner Jack Kessel, and company manager Edgar Pettijohn were indicted on multiple charges. These included conspiracy (18 U.S.C. 371), and violations of the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(1) for negligent violations and 42 U.S.C. 6928(d)(2)(A) for knowingly violating RCRA regulations. Additionally, 42 U.S.C. 300h2(b)(2) relating to hazardous waste handling was violated.
After pleading guilty to all 14 counts, Texas Oil & Gathering was sentenced on July 21, 2010, to a criminal fine of $40,000 and five years of probation. Jack Kessel received five years probation and a $40,000 fine, while Edgar Pettijohn also received five years probation. The penalties reflect the severity of the violations and the potential environmental and safety risks posed by TOG’s actions. The case underscores the EPA’s commitment to pursuing criminal enforcement against companies and individuals who knowingly disregard hazardous waste regulations.
Key Facts
- Defendant: Texas Oil & Gathering, Inc.
- Location: Alvin, Texas
- Incident Origin: 2003 explosion at BLSR facility resulting in fatalities and injuries.
- Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A), 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.
- Investigation Focus: Illegal treatment and disposal of hazardous waste, originating from a witness claim following the BLSR explosion.
GrimyTimes will continue to follow developments in environmental crime and regulatory enforcement.
Source: EPA ECHO Enforcement Case Database
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