South Georgia Waste Collection Site Closed, Company Sentenced for Improperly Storing Hazardous Chemicals

ALBANY, Ga. – A New Jersey-based hazardous waste collection and disposal corporation with locations in Valdosta, Georgia, and Lumberton, North Carolina, was sentenced in federal court for violating federal law in its handling of dangerous chemicals.

Care Environmental Corporation, through its authorized representative Francis J. McKenna, Jr., was sentenced to five years of probation, a $50,000 fine and $135,0000 restitution for remediation and cleanup by Senior U.S. District Court Judge Hugh Lawson on Jan. 17, after it previously pleaded guilty to one count of knowingly storing carbon disulfide, a hazardous material, without a permit on Aug. 14, 2023.

“Care Environmental Corporation put Valdosta residents and the South Georgia ecosystem at risk when it failed to properly dispose of hazardous waste and then compounded that failure after state and federal authorities highlighted its wrongdoings and offered a plan to correct its actions,” said U.S. Attorney Peter D. Leary. “Working with our federal, state, and local partners, our office will hold corporations accountable for criminal actions which hurt the environment and put people at risk.”

“Improperly handling and storing hazardous waste not only violates environmental regulations but places surrounding communities at risk of an accidental release, explosion or worse,” said Special Agent in Charge Charles Carfagno of EPA-CIDs Regional Office in Atlanta, GA. “I hope this sentencing reminds all those that mishandle hazardous waste that EPA and its partners will work to hold wrongdoers accountable to the fullest extent of the law.”

“This case demonstrates how local, state, and federal agencies work together to uphold and enforce laws designed to protect human health and the environment. The Georgia Environmental Protection Division appreciates and would like to acknowledge the hard work and dedication of the staff who collectively held Care Environmental Corporation accountable for its actions and developed plans to remediate this facility. Such blatant violations of our environmental laws pose serious risk to the surrounding community and to the natural resources of the State of Georgia and must be redressed,” said Sara Lips, Director of Communications and Community Engagement, Georgia DNR Environmental Protection Division.

According to court documents, Care—a hazardous waste disposal corporation headquartered in Hackettstown, New Jersey—leased a warehouse in Valdosta from 2004 to 2019, where they collected and stored pesticides, poisons, chemicals and other wastes collected from homes and generators throughout the eastern United States. McKenna is the sole officer, director, owner and operator of Care.

In Dec. 2018, Care ceased receiving materials at the facility pursuant to a voluntary closure and a 12-month plan entered into with the Georgia Environmental Protection Division (GAEPD) that called for Care to properly dispose of all of the hazardous materials stored at the facility. In connection with that plan, CARE underwent regular inspections of the facility by GAEPD and the Environmental Protection Agency (EPA) and made regular reports to GAEPD and EPA that reflected the amount of the stored hazardous waste that had been shipped for disposal and the amount remaining. During that time, Care continued to store the waste, including hazardous waste materials.

An inspection of the Valdosta facility in Oct. 2019 found approximately 2,100 55-gallon drums, 200 large totes, and two storage tanks containing waste substances in the warehouse. GAEPD and EPA Emergency Response Coordinator inspectors observed improperly stored hazardous materials inside the warehouse and office areas of the building that presented a threat to human health and the environment, and serious fire and explosion hazards. The integrity of a number of the drums and totes were compromised, resulting in leaking and potential spillage. Inspectors found a large jug containing carbon disulfide, a Resource Conservation and Recovery Act (RCRA) listed hazardous waste. The knowing storage of the carbon disulfide in the amount found at the warehouse was in violation of the provisions of RCRA. Inspectors also found quantities of various other chemicals, including red and yellow phosphorus, carbon tetrachloride, hydrogen sulfide, cyanide, mercuric cyanide and elemental mercury. The warehouse was shut down in Dec. 2019.

The condition of the warehouse resulted in remediation efforts by the EPA, which included containment and cleanup. CARE operated another warehouse facility in Lumberton, North Carolina, that also required remediation and cleanup. The cost of remediation and cleanup was $43,625.28 for Valdosta and $90,590.70 for Lumberton, North Carolina, for a total of $134,215.98.

The case was investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA CID) and the Georgia Environmental Protection Division (GAEPD).

Criminal Chief Leah McEwen prosecuted the case for the Government.