United States v. AMVAC Chemical Corporation, et al.

On October 25, 2024, a court sentenced AMVAC Chemical Corporation (AMVAC) to pay a $400,000 fine and to complete a three-year term of probation. The corporation pleaded guilty to a RCRA transportation violation (42 U.S.C. § 6928(d)(5)).

AMVAC is a pesticide manufacturer that produced a pesticide called “Thimet” in Alabama and exported it to Canada, Australia, and other countries. Thimet is an organophosphate insecticide used to control crop pests by absorption into the crop plants themselves. In 2013, authorities determined that AMVAC was importing tens of thousands of used containers of Thimet through Savannah, Georgia; Port Huron, Michigan; Boston, Massachusetts; and Los Angeles, California. Some of the containers were nearly empty, while others were partially full. The containers were designed to attach directly to farming equipment and then returned to AMVAC after they were emptied.

The containers were not labeled as containing hazardous waste but as containing product (pesticide) for reformulation. However, AMVAC was not authorized by the EPA to reformulate the Thimet. The active ingredient in Thimet is “phorate,” a RCRA acute hazardous waste. AMVAC is a large quantity generator of hazardous waste, with specific, known responsibilities under RCRA. AMVAC subsequently told EPA that the pesticide in the containers was being imported for disposal. AMVAC failed to use hazardous manifests to transport the containers of waste Thimet to its Alabama facility. The plea agreement settles the case with AMVAC through a felony plea to knowingly causing the transportation of hazardous waste without a hazardous waste manifest.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.