Glassboro, NJ – Thomas Toy, the former president and owner of Superior Barrel and Drum Company, Inc., was sentenced to 30 days in federal prison for illegally storing hazardous waste at his New Jersey facility, according to court documents unsealed this week. The case, investigated by the Environmental Protection Agency (EPA), highlights the ongoing struggle to enforce regulations surrounding industrial waste management and protect public health.
Toy, 62, pleaded guilty to violating the Resource Conservation and Recovery Act (RCRA), a federal law enacted in 1976 to govern the disposal of solid and hazardous waste. Superior Barrel and Drum specialized in cleaning, reconditioning, and reselling used drums to various industrial clients. However, authorities discovered that Toy failed to secure the necessary permits for storing hazardous waste generated during the cleaning process, effectively turning his facility into an illegal dumping ground.
The EPA initiated a removal action in September 2013, culminating in the removal of approximately 1,800 containers of waste from the Superior facility by September 2014. Subsequent analysis revealed that a significant portion of this waste was deemed hazardous, posing a potential threat to the surrounding environment and local community. The cleanup operation carried a hefty price tag, exceeding $4.2 million.
Details of the Violation
As owner and president, Toy was directly responsible for overseeing all aspects of Superior’s operations, including the handling and disposal of waste materials. Despite lacking the required RCRA permits – specifically violating 42 U.S.C. 6928(d)(2)(A) – Toy knowingly allowed hazardous waste to accumulate on the property. This blatant disregard for environmental regulations not only endangered public health but also shifted the financial burden of cleanup onto the taxpayers.
The sentencing, handed down on February 5, 2020, included a three-year term of supervised release, with the first 30 days to be served under home confinement. More significantly, Toy was ordered to pay $4.2 million in restitution to cover the costs incurred by the EPA during the hazardous waste removal. Federal prosecutors emphasized the severity of the offense, noting that Toy’s actions demonstrated a reckless indifference to environmental safety.
RCRA and its Importance
The RCRA law is crucial for protecting communities from the dangers of improperly managed hazardous waste. It establishes a “cradle-to-grave” system, tracking hazardous materials from their generation to their ultimate disposal. Facilities that generate, transport, treat, store, or dispose of hazardous waste are required to obtain permits and adhere to strict regulations. Cases like Toy’s serve as a stark reminder of the consequences for those who choose to flout these rules.
Key Facts
- Defendant: Thomas Toy
- Crime: Illegal Storage of Hazardous Waste
- Location: Glassboro, New Jersey
- Year: 2020
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- EPA Cleanup Cost: Over $4.2 million
- Sentence: 30 days imprisonment, 3 years supervised release (with 30 days home confinement), $4.2 million restitution
- Waste Removed: Approximately 1,800 containers
Source: EPA ECHO Enforcement Case Database
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