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Tier Environmental, Hazardous Waste Violation, OH 2019

Bedford, OH – Tier Environmental LLC has been penalized for a significant violation of hazardous waste regulations, stemming from operations at its Cuyahoga County facility between 2013 and 2017. The company pleaded guilty in January 2019 to one felony count of recklessly violating its hazardous waste permit, a case brought forth by the Ohio Environmental Protection Agency (EPA) and investigated by the Ohio Bureau of Criminal Investigation (BCI) and the U.S. EPA’s Criminal Investigation Division.

The investigation revealed that Tier Environmental exceeded its permitted hazardous waste storage capacity by over 130,000 gallons during a three-month period – March through May of 2015. This blatant disregard for established limits raised serious concerns about potential environmental contamination and public safety. The facility, designed for the transfer, storage, and disposal of hazardous materials, was operating outside the bounds of its legal authorization.

The Ohio Attorney General’s office secured a plea agreement requiring Tier Environmental to pay $20,000 in restitution to the Ohio EPA and BCI to cover the costs of the extensive investigation. In addition to restitution, the company was ordered to pay a $25,000 fine, though $15,000 of that amount was suspended. While the financial penalties represent a degree of accountability, critics argue they may not fully reflect the potential risk posed by the prolonged overstorage of hazardous waste.

Legal Ramifications & Individual Accountability

The company’s violation specifically centered around Ohio Revised Code Chapter 3734, pertaining to the handling and management of hazardous waste, and specifically citations STATE (373411) and STATE (290906). These statutes govern permissible storage volumes and require strict adherence to permit conditions. The felony conviction underscores the severity of the offense and the legal consequences for failing to comply with environmental regulations.

Beyond the corporate penalties, two company executives faced individual repercussions. In November 2018, Joe Madrak, President of Tier Environmental, and Peter Massaro, Vice President, each pleaded no contest to charges of criminal endangering, a second-degree misdemeanor. The Bedford Municipal Court found them guilty and sentenced them to a $500 fine, $3,100 in restitution, and 40 hours of community service. This demonstrates an attempt to hold individuals within the company accountable for the hazardous conditions created by the overstorage of waste.

Ongoing Concerns and Future Oversight

The case of Tier Environmental serves as a stark reminder of the critical importance of diligent oversight and enforcement of hazardous waste regulations. While the company has paid fines and restitution, questions remain regarding the long-term environmental impact of the overstorage incident and the adequacy of preventative measures implemented to avoid similar violations in the future. The Ohio EPA will likely continue to monitor Tier Environmental’s operations to ensure full compliance with all applicable laws.

Key Facts

  • Defendant: Tier Environmental LLC
  • Location: Bedford, Ohio (Cuyahoga County)
  • Year of Offense: 2015 (violation occurred between March-May)
  • Statutes Violated: Ohio Revised Code Chapter 3734, STATE (373411), STATE (290906)
  • Hazardous Waste Overstorage: Exceeded permitted capacity by over 130,000 gallons
  • Corporate Penalties: $20,000 restitution + $25,000 fine ($15,000 suspended)
  • Individual Penalties: Joe Madrak & Peter Massaro – $500 fine, $3,100 restitution, 40 hours community service

Source: EPA ECHO Enforcement Case Database

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