Elmer, New Jersey, Man Sentenced For Illegally Storing Hazardous Waste At Former Glassboro Drum Reconditioning Company

CAMDEN, N.J. – The former President and owner of a Glassboro, New Jersey, drum reconditioning company was sentenced today to 30 days’ imprisonment for illegally storing hazardous waste, U.S Attorney Craig Carpenito, and Deputy Assistant Attorney General Jean E. Williams of the Environment and Natural Resources Division of the U.S. Department of Justice, announced.

Thomas Toy, 75, of Elmer, New Jersey, previously pleaded guilty before Judge Renee M. Bumb to one count of storing hazardous waste at Superior Barrel and Drum Company, Inc.’s Glassboro, New Jersey, facility, in violation of the Resource Conservation and Recovery Act (RCRA). Judge Bumb imposed the sentence today in Camden federal court.

According to court documents filed in this case and statements made in court:

RCRA was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste. RCRA was designed to protect human health and the environment and provided controls on the management and disposal of hazardous waste. RCRA prohibits the treatment, storage or disposal of any hazardous waste without a permit.

Superior received drums from various industrial customers, cleaned and processed those drums, and then resold them. As the President and owner of Superior, Toy’s responsibilities included making decisions about the storage and disposal of waste, including hazardous waste, at Superior’s facility. Superior did not have a permit to store hazardous waste at Superior’s facility.

Between on or about September 27, 2013, and on or about September 25, 2014, the United States Environmental Protection Agency (EPA) conducted a removal action of waste stored at Superior’s facility. In total, approximately 1,800 containers of waste were removed from Superior’s facility. Much of the waste was found to be hazardous. The direct cost to EPA of the removal action was over $4.2 million.

In addition to the prison term, Judge Bumb sentenced Toy to three years of supervised release, with a special condition of 30 days’ home confinement. She also ordered him to pay $4.2 million in restitution.

U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency, under the direction of Special Agent in Charge Tyler C. Amon, with the investigation leading to today’s sentencing.

The Government is represented by Senior Environmental Counsel Kathleen P. O'Leary and Special Assistant United States Attorney Jason Garelick of the U.S. Attorney's Office Government Fraud Unit in Newark, and Trial Attorney Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.