Charleston Man and Airport Service Business Sentenced for Hazardous Waste Charge

Updated 1 week ago From a Release by U.S. Attorney's Office for Southern District of WV

CHARLESTON, W.Va. –  Brian Scott Miller, the President of Executive Air Terminal, Inc., was sentenced Friday to sixty days of incarceration and was fined $5000, and Executive Air Terminal, Inc. was fined $20,000 and placed on corporate probation for three years, announced United States Attorney Mike Stuart.    

Executive Air provided fueling and other services for private and commercial airplanes at Yeager Airport in Charleston. Miller was the owner and president of Executive Air.   On May 3, 2018, both Mr. Miller individually and Executive Air as a corporation pled guilty to the felony offense of Aiding and Abetting the Storage of Hazardous Waste without a Permit.  After the guilty pleas, Yeager Airport terminated the lease with Executive Air as the fixed base operator for Yeager Airport.  Stuart praised the work of the Environmental Protection Agency (EPA), West Virginia Department of Environmental Protection, and the Yeager Airport Police Department.

“We will protect the environment by enforcing federal environmental laws,” said United States Attorney Mike Stuart.  “Proper disposal of hazardous waste ensures our environment and the public are protected. Business owners have a responsibility to comply with environmental laws and regulations governing hazardous waste disposal.  Violators will be held accountable.”

“By refusing to comply with laws that ensure the safe handling and storage of hazardous waste, the defendant put the unsuspecting public at serious risk,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in West Virginia. “Special agents found numerous containers filled with hazardous waste materials including oil, aviation gas and jet fuel. EPA and its law enforcement partners are committed to protecting local communities by holding accountable those who disregard the harm they pose to public health and the environment.”

Executive Air’s business of  fueling and servicing planes generated hazardous waste.  The waste was stored in unlabeled 55 gallon drums that were kept on site.   By September of 2015, Executive Air had accumulated 37 drums of waste fluid, of which 27 drums were hazardous under federal law.  The 27 drums of hazardous waste included a mix of oil, aviation gas, and jet fuel, and each drum was hazardous because it was either ignitable, toxic, or both.   Executive Air did not have the federally required permit to store such a large quantity of hazardous waste.   Miller previously admitted that he knew about the drums of waste material at Executive Air.  In his plea agreement, Miller admitted that he directed that employees of Executive Air  to dispose of the waste drums in September of 2015.  Instead of hiring a licensed hazardous waste hauler, the employees moved the drums in the middle of the night to a farm outside Charleston, West Virginia.  The drums were further moved to a building in Charleston where they were discovered by the U.S. Environmental Protection Agency Criminal Investigation Division in November 2015.  Once discovered, the drums were then sent to a licensed hazardous waste disposal facility for proper disposal.

Special Assistant United States Attorney Perry D. McDaniel and Assistant United States Attorney Erik S. Goes are handling the prosecution. Judge Joseph R. Goodwin presided over the proceedings.

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