State v. Uretek, Inc.

543 A.2d 709, 207 Conn. 706, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21483, 1988 Conn. LEXIS 157
CourtSupreme Court of Connecticut
DecidedJune 7, 1988
Docket13183
StatusPublished
Cited by44 cases

This text of 543 A.2d 709 (State v. Uretek, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Uretek, Inc., 543 A.2d 709, 207 Conn. 706, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21483, 1988 Conn. LEXIS 157 (Colo. 1988).

Opinion

Shea, J.

The defendants, Uretek, Inc. (Uretek), and John Andrews, a vice-president of Uretek, were convicted by the trial court of the crime of knowingly storing hazardous waste without a permit to do so, a violation of General Statutes § 22a-131a (b).1 In this appeal from the judgment, the only issue is whether the court erred in concluding that there was sufficient evidence to support the finding of guilt as to each defendant. We conclude that there was sufficient evidence to support the conviction of Uretek, but that insufficient evidence was adduced before Andrews rested his case to establish his guilt. Accordingly, we find error in part and remand the case to the trial court with direction to render a judgment of acquittal in favor of Andrews.

The trial court found the following facts. From May 15, 1984, to August 22, 1984, the time period specified in both the information and the bill of particulars, Uretek was a corporation doing business in the city of New Haven and was engaged in the process of coating fabrics with urethane. Andrews was responsible for the management of the chemicals employed in this manufacturing process. On May 15,1984, and also on August 3,1984, representatives of the state department of environmental protection (DEP) inspected the Uretek premises, and interviewed several officials of that corporation, including Andrews. On August 3, [708]*7081984, agents of the DEP took a sample from each of six different fifty-five gallon drums, which were all located out-of-doors in the north yard of the Uretek premises. Each of the six samples taken was placed into two separate containers. These samples were later found to contain several hazardous chemicals that are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6901 et seq. (1982), which is specifically incorporated into General Statutes § 22a-131a (b).2 Including the bar[709]*709rels that were sampled, there were approximately 300 barrels in the north yard, fewer than ten of which were empty. All of the barrels were fifty-five gallon size drums.

As applied to the informations charging each defendant with violating its provisions, § 22a-131a (b) imposes criminal penalties upon “[a]ny person who knowingly . . . stores or disposes of any hazardous wastes without a permit required under” the RCRA. In each information, the state charged that the defendant had “knowingly stored and disposed of more than ten containers of hazardous waste without a permit to do so” in violation of the statute. The trial court concluded that [710]*710each element of the offense as charged had been proved beyond a reasonable doubt for both defendants.

I

Uretek, Inc.

Uretek does not challenge the sufficiency of the evidence to establish the “knowingly” requirement of the statute. Uretek contends, however, that the state failed to meet its burden of proof beyond a reasonable doubt in regard to four other essential elements of the crime as charged in the information. It maintains that the state failed to prove: (1) that Uretek had “stored” more than fifty-five gallons of hazardous waste by keeping such materials on its premises for longer than one year; (2) that more than ten containers of hazardous waste were stored on its premises; (3) that the chemicals in the containers were “spent,” a requirement of the “hazardous waste” definition in 40 C.F.R. § 261.31, or that they were “discarded,” a requirement of such definition in 40 C.F.R. § 261.33; and (4) that more than 1000 kilograms of hazardous waste had accumulated on its premises so that the permit requirement of the RCRA and § 22a-131a (b) would be applicable. The state claims that it proved these four elements beyond a reasonable doubt.

“In reviewing claims concerning the sufficiency of the evidence, we will construe the evidence in the light most favorable to sustaining the [judgment], and will affirm that [judgment] if it is reasonably supported by the evidence and the logical inferences drawn therefrom. State v. Vincent, 194 Conn. 198, 206, 479 A.2d 237 (1984); State v. Perez, 182 Conn. 603, 606, 438 A.2d 1149 (1981).” State v. Cates, 202 Conn. 615, 627, 522 A.2d 788 (1987).

[711]*711A

STORAGE FOR MORE THAN ONE YEAR

Section 22a-131a (b) applies to a person who either “stores or disposes” of hazardous waste. The informations charged that each defendant had both “stored and disposed” of such material. The trial court concluded that the term “stored” must be related to the definitions of “short-term storage” and “long-term storage” in General Statutes § 22a-115. Section 22a-115 (5) defines “short-term storage” to mean “the holding of individual containers of hazardous waste in such a manner as not to constitute disposal of such hazardous waste.” “[A]ny facility used only for the short-term storage of hazardous waste” is excluded by General Statutes § 22a-117 (b) (3) from the application of General Statutes §§ 22a-114 through 22a-130, which pertain to the certification, construction and operation of hazardous waste facilities. The trial court, accordingly, did not rely upon short-term storage but upon its finding of long-term storage in concluding that the defendants had violated § 22a-131a (b).

Section 22a-115 (6) provides that “long-term storage” means “the holding of more than fifty-five gallons or five hundred pounds, whichever amount is greater, of hazardous waste at one site for longer than one year.” Such long-term storage without a necessary permit would constitute a basis for finding that a person had stored hazardous waste in violation of § 22a-131a (b). It would also support the finding of such a violation upon the alternative statutory ground that one had disposed of hazardous waste, because the term “disposed” is defined by § 22a-115 (3) to include “long-term storage . . . of hazardous waste” as one of several alternative methods of such disposition. Thus, the trial court properly concluded that its finding of long-[712]*712term storage warranted the conclusion that Uretek had both stored and disposed of hazardous waste as the information charged, although either act would constitute a violation of § 22a-131a (b) and support the conviction. The trial court found that substantially more than ten fifty-five gallon, drums of hazardous waste had been stored in the north yard of Uretek for longer than one year for long-term storage. Uretek contends that there was insufficient evidence to support this finding.3

To prove the duration of the period for which hazardous waste had been stored by Uretek, the state presented Gerald Hanahan, an inspector from the office of the chief state’s attorney, who testified that Andrews had told him on September 4,1984, that approximately 150 of the barrels in the north yard were fire-damaged virgin (brand new) stock that had been there since a fire took place at Uretek in 1979.

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Bluebook (online)
543 A.2d 709, 207 Conn. 706, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21483, 1988 Conn. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-uretek-inc-conn-1988.