The Bullet:

A Minnesota company providing recycling and waste disposal services pleaded guilty to fraudulently disposing of PCB-containing fluorescent light ballast.  Both the company and two co-defendants were sentenced to imprisonment, fines, and probation.

Who:

• Luminaire Environmental and Technologies, Inc.
• John D. Miller Jr. is the owner of Luminaire.
• Joseph V. Miller is an employee of Luminare and a co-defendant.
• This case investigated by EPA’s Criminal Investigation Division and the Hennepin County Department of Environmental Protection.
• Assistant U.S. Attorneys Benjamin F. Langner and Amber M. Brennan are prosecuting this case.

What:

A lighting ballast made before 1979 may contain PCBs

• After picking up loads of PCB ballasts from customers, John Miller instructed Luminaire employees to remove warning labels from the containers holding the PCB-ballasts, and then sell the PCB-ballasts as scrap metal to scrap yards and metal recycling facilities.
• Luminaire was sentenced to five years probation with special conditions, including an Environmental Compliance Plan and fined $10,000.
• John Miller was sentenced to 36 months imprisonment, fined $15,000 and ordered to pay $1,049,848.79 in restitution.
• Joseph Miller was sentenced to two years probation and fined $3,000.

“Luminaire defrauded its customers and, in doing so, exposed the community to the toxic chemicals they had been paid to safely destroy. The United States will vigorously pursue those who steal and pollute for their own profit,” said U.S. Attorney Erica MacDonald in a statement.

Where:

The Luminaire facility is located in Plymouth, Minnesota,

When:

• According to court documents the fraudulent activity took place between 2010 and 2015.
• Charges were filed on September 20, 2017.
• Guilty pleas were entered on October 12, 2018.
• Luminaire and John Miller were sentenced on March 22, 2019.
• Joseph Miller was sentenced on March 5, 2019.

Why:

• Because the PCBs contained in the ballasts are considered a toxic chemical, TSCA mandates special procedures and documentation for the transportation and disposal of PCB waste.
• As a result of the scheme, Luminaire fraudulently collected more than $1,000,000 in fees and additional profits.

How:

This case is the result of an investigation conducted by the U.S. Environmental Protection Agency and the Hennepin County Department of Environmental Protection.

Conclusion:

• Read the release from the U.S. Department of Justice:  Guilty Please Entered in Fraud Scheme Involving Local Environmental Company’s Improper Disposal of Toxic Chemicals
• Read my article:  Disposal of Lighting Ballast: Consideration of PCBs or DEHP
• A question from the field:  How do I manage lighting ballast removed from a demolition project?