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Andrew Costa, Hazmat Abandonment, Utah 2011

Salt Lake City – Andrew Costa, 45, was sentenced to 21 months in federal prison and ordered to pay over $70,000 in restitution for illegally abandoning hazardous waste on the shoulder of a public road in Salt Lake City. The case, which unfolded between 2005 and 2010, highlights the dangers of improper hazardous waste disposal and the EPA’s commitment to prosecuting environmental crimes.

According to court documents, Costa owned two cargo trailers containing 67 drums filled with liquid and dry chemical substances. Beginning in May 2006, Costa deliberately parked the trailers on Wallace Road, leaving them unsecured and open to the elements. A Salt Lake City parking enforcement officer discovered the abandoned trailers in June 2006, noting a visible leak from one of the drums onto the roadway. The incident triggered a response from the Salt Lake Valley Health Department and a hazmat team from the Salt Lake City Fire Department.

Investigators quickly traced the hazardous waste back to Costa. He later admitted to abandoning the trailers and acknowledged the chemical contents met the EPA’s definition of hazardous waste. Crucially, Costa confessed he did not possess the required permits for the storage or disposal of such materials. The abandoned waste posed a significant risk to public health and the environment, necessitating a costly and complex cleanup operation.

Environmental Impact and Cleanup Costs

The U.S. Environmental Protection Agency (EPA) bore the brunt of the cleanup, spending over $70,000 to safely remove and dispose of the hazardous materials from the two trailers. This financial burden ultimately fell on taxpayers. Lori A. Hanson, Special Agent in Charge of the EPA’s Office of Criminal Enforcement in the Denver region, emphasized the agency’s dedication to pursuing those who disregard environmental regulations. “Illegally disposed hazardous waste presents a danger to public health and a threat to the environment,” Hanson stated.

Legal Ramifications and Sentencing

Costa was initially charged on September 30, 2009, with one count of violating the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing treatment, storage, or disposal of hazardous waste without a permit. He pled guilty on August 20, 2010, as part of a plea agreement that recommended a 21-month prison sentence and full restitution for the cleanup costs. U.S. District Judge Dee Benson handed down the agreed-upon sentence on December 14, 2010, adding 36 months of probation to Costa’s incarceration.

A Warning to Potential Offenders

U.S. Attorney Carlie Christensen underscored the severity of the crime, stating, “The sentence imposed today sends a message to all those who work with hazardous materials: paying the full price to properly dispose of hazardous waste is always cheaper than prison and paying for an environmental clean-up.” Prosecutors argued the sentence served as a deterrent, discouraging others from attempting to cut corners on hazardous waste disposal in favor of cheaper, illegal methods.

Key Facts

  • Defendant: Andrew Costa, 45
  • Location: Salt Lake City, Utah
  • Crime: Illegal abandonment of hazardous waste
  • Dates: Waste abandoned May 2006 – Case concluded Dec 2010
  • Statutes Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
  • Penalties: 21 months imprisonment, 36 months probation, $70,392.51 restitution
  • Cleanup Costs: Over $70,000 paid by the EPA
  • Evidence: Leaking drums discovered by parking enforcement, waste traced back to Costa

Source: EPA ECHO Enforcement Case Database

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