Toxic Waste Dumping: What You Need to Know

Toxic waste dumping refers to the illegal disposal of hazardous materials that can cause harm to humans and the environment. It may involve chemicals, heavy metals, medical waste, or other toxic substances being dumped illegally on public or private property instead of being properly disposed of through approved hazardous waste management programs.

Clean Water Act (CWA)

The objective of the Clean Water Act (CWA) is to restore and maintain the integrity of US waters. The CWA regulates discharges of pollutants into surface waters, sets wastewater standards for industry, and requires permits to discharge pollutants to protect water quality. Discharging hazardous waste into waters of the US without a permit is prohibited under the CWA and subject to enforcement action.

In addition to these federal environmental statutes, most states have their own laws and regulations prohibiting the improper disposal of hazardous wastes. State agencies often work cooperatively with federal EPA and Department of Justice (DOJ) officials to investigate and prosecute serious cases of illegal dumping.

Toxic Waste Dumping Penalties

Given the threats posed by hazardous waste dumping, violations are taken very seriously by federal and state environmental enforcement agencies. Those caught illegally disposing toxic materials often face severe fines and even jail time. Civil penalties can easily exceed six figures, while criminal convictions can result in fines up to $250,000 per day and up to 15 years imprisonment for knowing endangerment violations.

Some examples of major cases and penalties for toxic dumping crimes in recent years include:

• In 2023, California Attorney General Rob Bonta announced a settlement requiring Kaiser Permanente to pay $47 million in fines and penalties for unlawfully disposing hazardous medical waste at landfills not permitted to accept such waste.
• In June 2023, the Los Angeles County District Attorney’s Office filed a lawsuit against Allan Company, alleging the metal recycling firm illegally dumped toxic waste at a high school campus in Watts. Students and teachers reported falling ill from exposure to the hazardous dust and fumes. If found liable, Allan Company faces steep civil penalties.
• In 2021, Texas-based Waste Management Inc. agreed to pay over $5.5 million in fines and restitution after pleading guilty to criminal violations of RCRA. The company was indicted for illegally disposing hazardous waste into area landfills not permitted to receive such waste.

Clearly, the risks associated with illegally dumping toxic waste far outweigh any potential benefits or cost savings. Violators face major fines, criminal prosecution, as well as responsibility for potentially expensive remediation. It’s critical to follow proper hazardous waste disposal protocols and use only approved receiving facilities.

Working with a Knowledgeable Environmental Crimes Attorney

If you or your business is being investigated for an environmental violation involving improper hazardous waste disposal, it’s essential to engage an experienced environmental crimes defense attorney as soon as possible. An attorney familiar with federal and state hazardous waste regulations can advise on potential defenses and negotiation strategies to achieve the best possible outcome.

Depending on the circumstances, possible defenses in illegal dumping cases may include:

• Lack of knowledge – Defendants may claim they were unaware the materials were considered hazardous wastes or subject to special disposal requirements under the law. Prosecutors must prove the defendant knowingly violated disposal regulations.
• Third-party liability – Parties may try to shift responsibility to other entities involved in waste handling/disposal decisions. However, companies are generally still responsible for ensuring their hazardous wastes are properly managed per regulations.
• No harm occurred – Demonstrating the illegal dumping created no actual environmental harm or health impacts may help achieve reduced charges/penalties. However, the act of illegally disposing hazardous waste is still unlawful, regardless of actual damages.

An experienced attorney can assess the specifics of your case, apply their expertise navigating complex environmental regulations, guide you through the investigation process, and build a strategic legal defense to seek the best possible outcome if charges are filed. They can also negotiate with regulators on your behalf to potentially mitigate penalties and avoid indictment.

If your business or organization has received an EPA information request, notice of violation, or grand jury subpoena related to waste disposal practices, engaging counsel promptly is key. Do not wait to involve an environmental attorney until formal criminal charges are filed against you.

Conclusion

Mishandling hazardous waste carries major liabilities and consequences under federal and state environmental laws. Penalties for violations like illegal dumping can involve enormous fines and even prison time. Any investigation into a company’s waste disposal procedures warrants immediately consulting an experienced environmental crimes lawyer to protect your interests. Reach out for a consultation today if you have received notice of a waste-related investigation or believe your organization may have improperly disposed hazardous materials. An attorney can advise on building an effective defense and navigating the enforcement process to achieve the best possible outcome. Don’t take chances when it comes to following America’s strict hazardous waste regulations.