A southeastern Kansas man is charged with unlawfully trying to dispose of hazardous waste by setting fire to it, and the truck hauling it.

U.S. Attorney Tom Beal said that Jack E. Smith, 37, Scammon, Kan. was charged in a grand jury indictment announced Tuesday.

Smith is charged with one count of unlawfully transporting hazardous waste and one count of unlawfully disposing of hazardous waste in violation of the Resource Conservation Recovery Act. The indictment alleges that Smith towed a panel truck containing polymers and paints used in the making of gymnasium floors to property owned by his uncle in Crawford County, Kan. Neither he nor his uncle had a permit to transport, store or dispose of hazardous waste.

Smith is alleged to have attempted to dispose of the hazardous waste by setting fire to the truck.

If convicted, he faces up to five years in federal prison and a fine up to $250,000.