Two Entities Declare Bankruptcy After Being Penalized for Dumping Radioactive Waste

by San Antonio Attorney

The two entities each subjected to a $2.65 million penalty for unlawfully dumping radioactive wastes at landfills in Ketucky landfills filed for Chapter 7 bankruptcy on March 10, 2017.

The radioactive waste product was from fracking, which involves pressurized wells of gas and oil.

Last November, Kentucky Cabinet for Health and Family Services (CHFS) ordered Advanced TENORM Services LLC and Cory David Hoskins to pay for dumping the radioactive wastes.

Hoskins operates Advanced TENORM via another entitiy called BES LLC, which also declared bankruptcy.

Court filings show that Hoskins has $100,000 in assets and  about $1 million in liabilities.  Advanced TENORM and BES separately list assets of under $50,000, but liabilities of an estimated $1 million.

Environmental activists believe that the bankruptcy filing is an attempt to evade the penalty.

There are seven other  organizations that were penalized in amounts between $30,000 to $1 million, for a total amount of an estimated $7.65 million.

CHFS attorney Jennifer Wolsing accused Hoskins  for deliberate violation of the state law.  She said during a public meeting in November that it is the reason  why the company was penalized with the largest amount ever.

Hoskins confirmed to Estill County’s Blue Ridge Landfill that the waste product was was not hazardous, the state officials said at the public meeting.

The landfill is close both to a school and a river, which is a source of drinking water.

State officials, together with utility companies, have said no increased radiation has been found on the  in the water from the river or the school campus.

Some attendees in the meeting showed frustration that the responsible companies were only fined with civil penalties.  They said they want criminal charges against deliberate violators.

BUt Kentucky Attorney General Andy Beshear’s office reviewed the case, the criminal charges were not pursued.  The CHFS then carried the case and imposed civil penalties .

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