David Enriquez Ortiz, Pollution, Colorado 2008

Grand Junction, CO – A Colorado man with a history of evading justice has finally faced the consequences for illegally dumping industrial waste into the Colorado River. David Enriquez Ortiz, former plant manager of Chemical Specialties, Inc. (CSI), was originally convicted in 2003, but spent years as a fugitive before being apprehended and re-sentenced in 2008.

Ortiz, the sole employee of CSI – a propylene glycol recycling facility – was responsible for the daily operations of the plant. CSI operated as a “zero discharge” facility, meaning it was prohibited from releasing *any* industrial wastewater into the city’s sewer system. However, an investigation by the City of Grand Junction’s pretreatment program revealed a suspicious discharge originating from a storm drain that led directly into the Colorado River. The source was traced back to CSI, where investigators discovered plumbing connecting the facility’s bathroom to the storm drain system – a deliberate bypass of established environmental regulations.

Initially charged in September 2003 with two counts of violating the Clean Water Act (33 U.S.C. 1319(c)(1)(A) for negligent violation and 33 U.S.C. 1311(a)), Ortiz was convicted on both counts by a jury in October of the same year. He received a 12-month prison sentence and a $2,000 fine. However, Ortiz quickly violated the terms of his supervised release, prompting a federal warrant for his arrest in 2004. A complex series of appeals followed, including a post-verdict motion for acquittal and challenges to the initial sentencing.

The U.S. 10th Circuit Court of Appeals reversed the original judgment in November 2005, remanding the case for re-sentencing. Ortiz remained at large, becoming a fugitive from justice. It wasn’t until May 2008, following an arrest in Adams County, Colorado for driving with a suspended license and driving under the influence, that Ortiz was finally brought back to face his environmental crimes. While serving time in Adams County Jail for the traffic offenses, a federal hold was placed on him, alerting U.S. Marshals to his outstanding warrant.

Upon re-sentencing in U.S. District Court, Ortiz received 12 months incarceration on Count One and 24 months on Count Two, to be served concurrently, along with one year of supervised release and the original $2,000 fine. The case highlights the persistent efforts of both local and federal authorities to enforce environmental regulations and hold polluters accountable, even in the face of lengthy evasion attempts. The illegal discharge posed a potential threat to the Colorado River ecosystem and public health, underscoring the importance of stringent monitoring and enforcement of the Clean Water Act.

Table of Contents

Key Facts

Defendant: David Enriquez Ortiz
Crime: Illegal discharge of industrial waste into the Colorado River in violation of the Clean Water Act.
Location: Grand Junction, Colorado
Year: 2008 (original charges filed 2003)
Statutes Violated: 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1311(a)
Penalties: 12-24 months incarceration (concurrent sentences), $2,000 fine, 1 year supervised release.
Company Involved: Chemical Specialties, Inc. (CSI) – a propylene glycol recycling facility.
Evasion: Ortiz spent years as a fugitive after initial conviction, delaying final sentencing.

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases