Marine Corps Logistics Base Albany (MCLBA) rebuilds and repairs ground combat and combat-support equipment. Refurbishing and repairing equipment requires stripping the paint, which generates waste processed by the MCLBA's industrial wastewater treatment plant (IWTP). The IWTP discharges treated wastewater to the City of Albany under the terms of its permit. The sludge is treated and stored as an f 109 RCRA-listed waste.

The IWTP operates a rake-style clarifier (or settling tank) that separates liquids from solids. In May 2021. the rake malfunctioned, requiring the removal of both liquid and semi solid wastes for repair. MCLBA contracted with Diversified Service Contracting, Inc. which then contracted with Horizon Environmental Services (HES) to remove the material in order to make the repairs. HES was not authorized or permitted to handle hazardous waste.

Employees pumped 30,000 gallons of the liquid layer down a manhole rather than routing it back through the IWTP. They pumped the sludge from the tank into sludge boxes. and transported it to the HES facility, without properly manifesting the shipment. They stored the sludge boxes at HES for approximately 10 days. During this time. HES attempted to arrange for a properly licensed company to take the sludge boxes. But since HES was not permitted to handle the waste, this other company could not legally take the waste. The owner of HES directed employees to take the sludge back to MCLBA where it was abandoned.

• Resource Conservation and Recovery Act (RCRA)
• Title 18 U.S. Criminal Code (TITLE 18)