Federal Court in Camden

Mitchell H. Cohen Building and U.S. Courthouse in Camden

The former owner and president of a Glassboro drum reconditioning company was indicted Thursday for allegedly illegally storing and disposing of hazardous waste.

The indictment was announced by U.S Attorney Craig Carpenito and Acting Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division of the U.S. Department of Justice.

Thomas Toy, 73, of Elmer, Salem County, was charged with one count of illegal storage and disposal of hazardous waste in federal court in Newark, Essex County, at the site of Superior Barrel and Drum Company Inc. in Glassboro, Gloucester County, in violation of the Resource Conservation and Recovery Act, or RCRA, according to the release from the Justice Department.

According to the release, the indictment said:

Superior received drums from various industrial customers, cleaned and processed those drums, and then resold them.

Toy directed and supervised the operations of Superior, including the storage and disposal of large amounts of waste – including hazardous waste – at the company’s site.

Superior did not have a permit to store or dispose of hazardous waste there.

From Sept. 27, 2013, to Sept. 25, 2014, the U.S. Environmental Protection Agency removed waste stored at Superior’s site. Approximately 1,800 containers of waste were removed, and much of the waste was found to be hazardous. The EPA’s removal cost was $4.2 million.

Toy was charged under RCRA, which was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste.

The law is designed to protect human health and the environment and provided controls on the management and disposal of hazardous waste, the release said.

It prohibits the treatment, storage or disposal of any hazardous waste without a permit, the release said.

The charge on which Toy was indicted carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the gain or loss caused by the offense, the release said.

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

The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the Health Care and Government Fraud Unit in Newark County, and Trial Attorney Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.

Contact: 609-272-7202



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