A chemical company with a plant in Kansas City, Kan., pleaded guilty and was sentenced Thursday to pay a $1.5 million fine for violating a federal law regulating the storage of hazardous waste, U.S. Attorney Barry Grissom said. The company will serve two years on federal probation.
Harcros Chemicals Inc., 5200 Speaker Road in Kansas City, Kan., pleaded guilty to one count of storing hazardous waste without a permit.
Harcros manufactures industrial chemicals including surfactants, emulsifiers, antifoaming agents and custom organics. In addition to its manufacturing, the company operated eight laboratories for the development and testing of new chemical products.
In its plea, the company admitted that from at least May 5, 2006, through Jan. 30, 2009, the company stored waste chemicals including phosgene solution, ethylenediamine, 1,4-dioxane, butyl acrylate, acrylic acid and methacrylate at the facility. The company did not have a permit to store hazardous waste for more than 90 days as required by the Resource Conservation and Recovery Act.
“EPA’s commitment to protect the environment includes bringing to justice those who, in the course of breaking the law, disregard the harm they pose to public health,” said Michael Burnett, special agent in charge of EPA’s criminal enforcement program in Kansas. “The defendant’s illegal storage practices threatened groundwater supplies and put employees and the public at serious risk. Today’s plea demonstrates that those who knowingly engage in criminal activity must be willing to face the consequences in court.”
Grissom commended the Environmental Protection Agency – Criminal Investigation Division, the Kansas Department of Health and Environment, Jennifer A. Whitfield, senior trial attorney, Department of Justice Environment and Natural Resource Division, Environmental Crimes Section, and Assistant U.S. Attorney Tris Hunt for their work on the case.
The Harcros company sent out this response:
Harcros Chemicals Inc. has entered into a formal agreement with the U.S. Department of Justice and the U.S. Attorney’s Office in Kansas City, Kan., for a felony violation of the Resource Conservation and Recovery Act. The charge involved the storage of seven older chemicals at the company’s Kansas City, Kan., plant. Six of the chemicals were stored for use in laboratories for testing and one was an unused chemical product, which had been stored safely for many years.
Harcros operates a research and development laboratory where chemists perform testing for new products and quality control checks. The chemicals at issue were retained in cabinets and storage areas for potential future use. Shortly after a 2008 regulatory inspection, the chemicals were properly disposed off-site. None of the chemicals at issue were released into the environment, nor were any employees at risk.
As a result of the agreement, the company will pay a $1.5 million fine and face a probationary period. The fine payments will not adversely impact the company’s financial position or its 100 percent employee stock ownership program.
“We have fully cooperated with the government during its investigation and we are pleased that this agreement resolves the matter raised several years ago,” said Kevin Mirner, president and chief executive officer, Harcros Chemicals Inc. “We can now move forward, continuing to safely provide our customers with the quality products they’ve come to expect.”
