On June 4, 2013, MICHAEL J. REDDING, JR., was sentenced to complete a three-year term of probation with a special condition of six months’ home detention. He also was ordered to pay $9,000 in restitution for clean-up costs.  Redding previously pleaded guilty to two RCRA violations stemming from the transportation and abandonment of hazardous waste. In early 2010, the defendant acquired equipment and assets from a bankrupt printing business.  In April, he directed a five-man crew to remove items from the buildings, including drums containing hazardous waste.  Those drums were then transported, without manifests, to another facility that was not permitted to store hazardous waste.  This case was investigated by the United States Environmental Protection Agency Criminal Investigation Division.  It is being prosecuted by Assistant U.S. Attorney Dianna Collins.

It is interesting to note that this activity as described above is a violation not only of the USEPA’s hazardous waste regulations, but also the Hazardous Materials Regulations of the PHMSA/USDOT.  The transportation of a hazardous waste without a Uniform Hazardous Waste Manifest (or some other shipping paper in the case of a Conditionally Exempt Small Quantity Generator) is itself a violation of the HMR.  It is not mentioned in the article, but is safe to assume that the transportation of the hazardous waste included other violations of the HMR as well, such as:

• No HazMat Labels or required markings on the containers identifying them as a hazardous material and a hazardous waste.
• No placards on the truck though the quantity in the image makes it likely they were required.
• No emergency response information or phone number provided to the carrier.
• Incorrect segregation and securement of hazardous materials in the vehicle (just look at that picture!)
• No HazMat Employee training for anyone involved in the transportation of the hazardous material/hazardous waste.  HazMat Employee training for the driver of the vehicle would also require Driver Training.
• It is possible that a HazMat Safety Permit may be required (take this survey to see if it applies to you).
• It is likely that registration as a shipper and a carrier of HazMat would be required (take this survey to see if it applies to you).

The transportation of a hazardous waste is subject to the regulations of both the USEPA (and your state) and the PHMSA/USDOT.  Violations of one Agency’s regulations could result in the violation of another’s, quickly compounding your violations, fines, and headaches.  Be sure you are in compliance with the regulations of both agencies, attend one of my Training Seminars, schedule Onsite Training, or register for my Web-Based Training.  No matter what you choose you will meet the training requirements of the respective agencies and you will learn what you need to maintain compliance at your facility year-round.