## Facts

- Frank Fiorillo, president of West Coast Industries, operated a warehouse storage business; Arthur Krueger owned SafeWaste Corp., a waste-disposal company.
- Fiorillo and Krueger contracted with Diversey Corp. to handle, transport, and dispose of hazardous cleaning-product wastes, including freight to a disposal site.
- Evidence showed Fiorillo undertook, and Krueger participated in, arranging and performing transportation of eleven truckloads of hazardous waste from Diversey’s facility.
- Only two truckloads were disposed of at a proper facility; nine truckloads were stored on the floor of West Coast’s warehouse in drums and large containers.
- Inspectors found large quantities of hazardous waste in the warehouse, including leaking containers and conditions creating environmental and safety risks.
- West Coast’s warehouse lacked a RCRA permit to store hazardous waste.
- Inspectors conducted a warrantless search of the warehouse after receiving consent from West Coast’s receptionist and from Fiorillo.

## Issues

1. Whether “cause to be transported” in 42 U.S.C. § 6928(d)(1) is limited to generators who arrange transport by others, or also covers persons who arrange and participate in transporting hazardous waste to an unpermitted facility.
2. Whether the warrantless warehouse search violated the Fourth Amendment notwithstanding claimed lack of consent (and related privacy/authority objections).
3. Whether the evidence was sufficient to prove RCRA felony elements, including knowledge and transport to, and storage at, a non-permitted facility.
4. Whether the district court erred in applying environmental-offense sentencing enhancements based on risk, harm, or cleanup expenditures.

## Decision

- The Ninth Circuit affirmed the convictions and sentences.
- The court held § 6928(d)(1) is not limited to “generators”; it reaches any person who knowingly transports or causes hazardous waste to be transported to a non-permitted facility, including those who contract for and carry out transportation themselves.
- The court upheld denial of the suppression motion, concluding the warrantless search was valid based on consent from the receptionist and Fiorillo.
- The court rejected sufficiency challenges, finding the record supported knowing violations and the non-permitted status of the warehouse.
- The court upheld sentencing determinations, including guideline enhancements tied to environmental risk and cleanup-related consequences.

## Legal Principles

- Under 42 U.S.C. § 6928(d)(1), “cause to be transported” is interpreted broadly and is not confined to generator–transporter arrangements; liability extends to any person who knowingly initiates or orchestrates hazardous waste movement to an unpermitted facility.
- RCRA criminal provisions apply to “any person” whose knowing conduct results in prohibited transportation or storage of hazardous waste, and statutory text controls absent limiting language.
- A warrantless search is permissible when voluntary consent is given by a person with apparent authority over the premises; consent by a principal with control over the site further supports validity.
- Evidence is sufficient if, viewed in the light most favorable to the government, a rational jury could find each element beyond a reasonable doubt, including knowledge of hazardous character and non-permitted facility status.
- Environmental-offense guideline enhancements may be applied when the offense conduct creates substantial environmental risk/harm or involves substantial cleanup expenditures.

## Conclusion

The Ninth Circuit affirmed RCRA felony convictions where defendants arranged and participated in transporting hazardous waste and then stored most of it at an unpermitted warehouse, holding that § 6928(d)(1) broadly covers anyone who causes such transportation, and that a consent-based warrantless search of the commercial premises was constitutional.


United States v. Fiorillo, 186 F.3d 1136 (9th Cir. 1999)