CORPORATIONS,ORGANIZED CRIME,AND THE DISPOSAL OF HAZARDOUS WASTE: AN EXAMINATION OF THE MAKING OF A CRIMINOGENIC REGULATORY STRUCTURE*

This paper explores the relationship between legitimate corporations that generate hazardous waste and elements of organized crime with whom they contract for the removal, treatment, or disposition of those wastes. The scope and importance of hazardous waste as a social problem is first described and the variety of organized crime participation in waste handling is summarized. The paper then explores the factors that enabled organized crime to become active in this sector of the economy. Lax implementation and en forcement, the most common explanations, are discussed. The formation of the Resource Conservation and Recovery Act of 1976 is analyzed to show that there was a prior and more fundamental factor: large corporate generators of hazardous waste fought for a regulatory structure that would prove to be highly vulnerable to organized crime intrusion. This fact is then used to discuss and critique two current explanations of the relationship of corporate generators to organized crime waste handlers: “ignorance” and “powerlessness.” Finally, it is argued that although generators did not consciously intend to facilitate organized crime entry into hazardous waste hauling, they did subsequently enjoy tangible benefits from that entry.