San Diego, CA – Asgard Associates, LLC, a Delaware corporation, has completed a three-year probationary sentence and paid $176,412 in restitution following a guilty plea to illegally storing hazardous waste at a laboratory in Sorrento Valley. The case, brought by the U.S. Environmental Protection Agency (EPA) and investigated in conjunction with the Federal Bureau of Investigation and San Diego County Department of Environmental Services, revealed a shocking disregard for public health and environmental safety.
According to court records, between January 26, 2010, and March 18, 2010, Asgard Associates knowingly allowed over 2,500 containers of chemicals to accumulate at its Roselle Street laboratory without proper disposal. Despite being aware of the potential risks posed by these substances, the company refused to allocate funds for their safe removal. This negligence ultimately forced the EPA to intervene under the authority of the Superfund program, initiating a costly and dangerous cleanup operation in August 2010.
The EPA’s assessment of the site uncovered a disturbing array of unlabeled and improperly stored chemicals, including trimethyl Orthoformate, propylene oxide, and highly unstable compounds like lithium diisopropylamide. Several of these substances were deemed too dangerous to transport and required detonation by the EPA and the San Diego Fire Department Bomb Squad. The cleanup operation, which included the handling and disposal of these hazardous materials, cost the EPA $167,718.68, while the San Diego County Department of Environmental Health Services incurred $8,693.00 in inspection and sampling costs.
Legal Ramifications
Asgard Associates pled guilty to 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. The maximum penalty for a corporate entity convicted under this statute includes a fine of up to $50,000 per day of violation, a term of up to five years of probation, a $400 penalty assessment, and restitution for incurred costs. In addition to the financial restitution, United States District Judge M. James Lorenz mandated that Asgard employee Michael Conrad perform 240 hours of community service as a condition of the company’s probation.
A Pattern of Neglect?
While Asgard Associates has completed its sentence, the case raises concerns about the potential for similar lapses in oversight within the pharmaceutical and chemical industries. The sheer volume of hazardous waste discovered at the Roselle Street laboratory, coupled with the company’s deliberate refusal to fund proper disposal, suggests a systemic failure to prioritize environmental responsibility. Investigators are looking into whether this was an isolated incident or part of a larger pattern of neglect.
Key Facts
- Defendant: Asgard Associates, LLC
- Crime: Illegal Storage of Hazardous Waste
- Location: San Diego, California
- Year: 2013 (charges filed 2012, sentencing 2012)
- Statute Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Cleanup Costs: $176,412 (EPA & San Diego County DEH)
- Hazardous Materials: Over 2,500 containers of chemicals, some requiring detonation due to instability.
- Penalty: 3 years probation, $176,412 restitution, 240 hours community service.
This case serves as a stark reminder of the importance of strict adherence to environmental regulations and the potential consequences of prioritizing profit over public safety. The EPA continues to emphasize the need for responsible hazardous waste management to protect communities and the environment from the dangers posed by these materials.
Source: EPA ECHO Enforcement Case Database
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