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FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: Texas Oil & Gathering, Inc.
S.D. Texas 4:07CR00466-001
S.D. Texas 4:07CR00466-001
2. DEFENDANT: Edgar Pettijohn
S.D. Texas 4:07CR00466-001
S.D. Texas 4:07CR00466-001
3. DEFENDANT: John Kessel
S.D. Texas 4:07CR00466-001
S.D. Texas 4:07CR00466-001
On July 21, 2010, Texas Oil and Gathering was sentenced to pay a criminal fine of $80,000 and was given five years probation for illegally transporting hazardous waste to an unauthorized facility in violation of the Resource Conservation and Recovery Act and for conspiracy.
Jack Kessel, owner of Texas Oil and Gathering, was sentenced to five years probation and fined $50,000 for violating the Safe Drinking Water Act and for conspiracy. Edgar Pettijohn, the company manager, was sentenced to five years probation for the same violations. Texas Oil and Gathering is a hazardous waste transporter and used oil handler located in Alvin, Texas. The facility has a distillation tower and numerous storage tanks, one of which is designated to store fluids before they are fed into the distillation process. BLSR, a company located in Rosharon, Texas, has Class II injection wells permitted to dispose of wastes which are brought to the surface in connection with oil and natural gas exploration and production. In January 2003, wastes transported to BLSR exploded as they were being offloaded, resulting in the deaths of two truck drivers and severe burn injuries to three other facility employees. The cause of the explosion was thought to have been due to the creation of a vapor cloud during the offloading process. The vapor cloud caused the truck engines, which were not electronically grounded, to speed up and backfire, sparking the explosion. Subsequent to the explosion, a witness alleged that TOG had been illegally disposing of hazardous wastes at BLSR. While this case was initiated due to the explosion incident, the subsequent investigation revealed illegal treatment and disposal by TOG of hazardous wastes from other companies.
Jack Kessel, owner of Texas Oil and Gathering, was sentenced to five years probation and fined $50,000 for violating the Safe Drinking Water Act and for conspiracy. Edgar Pettijohn, the company manager, was sentenced to five years probation for the same violations. Texas Oil and Gathering is a hazardous waste transporter and used oil handler located in Alvin, Texas. The facility has a distillation tower and numerous storage tanks, one of which is designated to store fluids before they are fed into the distillation process. BLSR, a company located in Rosharon, Texas, has Class II injection wells permitted to dispose of wastes which are brought to the surface in connection with oil and natural gas exploration and production. In January 2003, wastes transported to BLSR exploded as they were being offloaded, resulting in the deaths of two truck drivers and severe burn injuries to three other facility employees. The cause of the explosion was thought to have been due to the creation of a vapor cloud during the offloading process. The vapor cloud caused the truck engines, which were not electronically grounded, to speed up and backfire, sparking the explosion. Subsequent to the explosion, a witness alleged that TOG had been illegally disposing of hazardous wastes at BLSR. While this case was initiated due to the explosion incident, the subsequent investigation revealed illegal treatment and disposal by TOG of hazardous wastes from other companies.
November 14, 2007
The defendants were indicted on charges of conspiracy, a violation of 18 U.S.C. 371; violating RCRA {42 U.S.C. 6928(d)(1) - negligent violation and 42 U.S.C. 6928(d)(2) - knowingly violates} and 42 U.S.C. 300h2(b)(2)
CITATION: 18 U.S.C. 371, 42 U.S.C. 300h2(b)(2), 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A)
July 21, 2010
Texas Oil & Gathering pled guilty to all 14 counts and was sentenced to 36 months probation and ordered to pay a $40,000 federal fine. Pettijohn pled guilty to 14 counts and was sentenced to 60 months probation. Kessel pled guilty to 14 counts and was sentenced to 60 months probation and ordered to pay a $40,000 federal fine.
STATUTE:
- Resource Conservation and Recovery Act (RCRA)