ELR Citation: ELR 20285
No(s). 81-5162 (4th Cir. Feb 19, 1982)

The court upholds the conviction of a transformer dealer for the unlawful roadside dumping of polychlorinated biphenyl (PCB) transformer oil in violation of §§6 and 15 of the Toxic Substances Control Act (TSCA) and PCB disposal regulations. It finds sufficient evidence to show that the oil was dumped at the places alleged in the indictment, on or about the date alleged, that defendant was an active participant in the disposal scheme, and that the oil contained more than 500 parts per million of PCBs. In addition, the federal prosecution of defendant under TSCA following his acquittal on state charges did not violate the Double Jeopardy Clause of the Constitution since the elements of the state and federal offenses are different.

Counsel for Appellee
Anne S. Almy, Peter Steenland, Nancy S. Bryson; Anthony C. Liotta, Acting Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4427

Counsel for Appellant
Rober W. Smith, Wade M. Smith, Elizabeth F. Kuniholm
Harrington, Smith & Hargrove
P.O. Box 1151, Raleigh NC 27602
(919) 821-4711

Chapman, J., joined by Bryan and Ervin, JJ.