Environmental Criminal Enforcement: New Jersey-Based Hazardous Waste Collection/Disposal Corporation Sentenced for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The U.S. Attorney’s Office (Middle District of Georgia) issued a January 18th press release stating that Care Environmental Corporation (“CEC”), which is headquartered in Hackettstown, New Jersey, was sentenced for alleged violations of federal environmental law in handling hazardous waste.

CEC was sentenced by Senior U.S. District Court Judge Hugh Lawson after it pleaded guilty to one count of knowingly storing carbon disulfide (a hazardous material) without a permit.

CEC is described as a hazardous waste collection and disposal corporation with the following locations:

  • Valdosta, Georgia
  • Lumberton, North Carolina

CEC received the following sentence:

  • Five years of probation
  • $50,000 fine
  • $135,000 restitution for remediation/cleanup

The U.S. Attorney’s press release cites court documents indicating that CEC leased a warehouse in Valdosta, Georgia, from 2004 to 2019 where pesticides, poisons, chemicals and other wastes were collected and stored. The facility is stated to have stopped receiving materials in 2018 pursuant to a 12-month voluntary closure plan entered into with the Georgia Environmental Protection Division (“GAEPD”). The company is stated to have continued to store waste (including hazardous waste materials) during that time.

An October 2019 inspection is stated to have identified the following:

  • 2,100 55-gallon drums
  • 200 large totes
  • 2 storage tanks

These are stated to have contained waste substances.

GAEPD and the United States Environmental Protection Agency (“EPA”) Emergency Response Coordinator are stated to have observed improperly stored hazardous materials which presented a threat to human health and the environment. The integrity of certain drums and totes is stated to have been compromised, resulting in leakage and potential spillage. A large jug containing carbon disulfide (which constitutes a Resource Conservation and Recovery listed hazardous waste) was identified.

The press release states:

. . . The knowing storage of the carbon disulfide in the amount found at the warehouse was in violation of the provisions of RCRA.

Other quantities of chemicals such as red and yellow phosphorus, carbon tetrachloride, and others are stated to have been identified.

EPA was required to remediate the Valdosta warehouse and an additional facility in Lumberton, North Carolina.

A copy of the press release can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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