United States v. Robert Roach

After a bench trial, Robert Roach was convicted of one count of storing and causing the storage of hazardous waste without a permit in violation of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6928 (d)(2)(A). On this appeal, Roach argues that the statutory definition of “storage” expressly excludes acts constituting “disposal” of hazardous waste, and that he was guilty of disposal and therefore not of storage. Our review of the record persuades us that Roach was guilty of storing hazardous waste and that he was properly convicted of that offense.

BACKGROUND

1. Roach’s Business

All Metals Processing Company (“AMP”) was an electroplating business located in Burbank, California, for which Roach served as an owner, officer, and director. In those capacities, Roach was involved in hazardous waste management. The AMP facility, which was located in a building at 264 West Spazier Avenue, included a “drum storage area” containing hundreds of receptacles filled with potentially hazardous substances. From 1990 through -2007, however, AMP did not have a permit to store hazardous waste.

On January 18, 2007, the executor of the Estate of Helen L.-Powers (“Powers…