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United States v. Hayes International Corp.

786 F.2d 1499 (1986)

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United States v. Hayes International Corp.

United States Court of Appeals for the Eleventh Circuit
786 F.2d 1499 (1986)

  • Written by Sharon Feldman, JD

Facts

Hayes International Corp. (Hayes) (defendant) operated an airplane-refurbishing plant. Hayes generated waste from draining fuel tanks and cleaning paint guns. L.H. Beasley (defendant) was the Hayes employee responsible for hazardous-waste disposal. Performance Advantage (Performance), a recycling company, agreed to pay for the fuel and remove paint waste at no charge. Beasley had fuel and paint waste transported to Performance eight times. Beasley and Hayes were charged with violating the Resource Conservation and Recovery Act (RCRA) by knowingly transporting hazardous waste to a facility that lacked a permit. There was evidence that: (1) after Performance unsuccessfully tried to run the paint waste through its recycling system, it no longer wanted to take the paint waste; (2) a Hayes compliance memorandum required hazardous waste with no resale value to be hauled to a site approved by the Environmental Protection Agency and a manifest to be completed and returned; (3) Beasley did not comply with manifesting procedures; (4) Performance illegally disposed of the paint waste; and (5) Beasley was told the waste was not being recycled. Beasley and Hayes were convicted. The district court granted defense motions for judgments of acquittal. The government (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Kravitch, J.)

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