Oceanside, CA – A former environmental services manager is facing a lengthy prison sentence after a complex case revealed not only a scheme to illegally profit from hazardous waste, but also a disturbing trove of child pornography. David Grummer, 43, was initially sentenced to 18 months in federal prison for environmental crimes in 2009, but that sentence will now run concurrently with a staggering 295-month term handed down in August 2010 following his conviction on 23 counts of possessing and receiving child pornography.
The investigation began in 2008 when the Environmental Protection Agency (EPA) uncovered evidence that Grummer, while employed as a manager for a company contracted by San Diego County cities to handle household hazardous waste, was diverting banned pesticides – including the highly toxic DDT and chlordane – and ozone-depleting refrigerants like CFC R-12 (Freon) for personal gain. Grummer utilized online marketplaces to sell these prohibited substances, blatantly violating federal regulations.
An undercover operation conducted jointly with the FBI on January 14, 2008, confirmed Grummer’s illegal activity, catching him in the act of selling and shipping CFC R-12 to an undercover address. The subsequent execution of a search warrant on January 17, 2008, yielded not only evidence of the hazardous waste scheme but also disturbing digital content. Investigators from the EPA’s Criminal Investigation Division (CID) National Computer Forensics Laboratory (NCFL) discovered what they believed to be child pornography on computer images seized during the search. This discovery prompted immediate referral to the FBI-San Diego.
Legal Violations and Penalties
Grummer’s environmental crimes encompassed multiple federal statutes. He pleaded guilty to one misdemeanor count under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136j(a)(1)(A), for the unlawful use of unregistered pesticides. He also admitted to a felony violation of the Clean Air Act (CAA), 42 U.S.C. 7413(c)(1), for selling a Class I ozone-depleting substance to an uncertified individual. Furthermore, Grummer violated the Hazardous Materials Transportation Act, 49 U.S.C. 5124, by illegally shipping these dangerous materials via FedEx without proper declaration, packaging, or labeling. For these environmental offenses, Grummer was initially sentenced to 18 months incarceration, 36 months probation, a $3,000 fine, and $92,411 in restitution. His $10,000 bond was revoked due to the discovery of the child pornography.
From Hazardous Waste to Heinous Crimes
The FBI’s investigation into the seized computer images quickly escalated. A superseding indictment in September 2009 charged Grummer with 24 counts related to the attempted sexual exploitation of a child and possession of child pornography. Following a trial, a jury found him guilty on 23 of those counts on August 20, 2010. The judge then imposed the 295-month sentence, to run concurrently with his existing environmental sentence, along with 180 months of probation and a $2,300 special assessment. The sheer volume of the illicit material and the gravity of the offenses led to the significantly increased prison term.
Key Facts
- Defendant: David Grummer
- Location: Oceanside, California
- Environmental Crimes: Illegal diversion and sale of banned pesticides (DDT, chlordane) and ozone-depleting refrigerants (CFC R-12).
- Federal Statutes Violated: FIFRA, CAA, Hazardous Materials Transportation Act, and multiple child pornography laws (18 U.S.C. 2252(a)(4)(B), 18 U.S.C. 2252(a)(2)).
- Initial Sentence (Environmental Crimes): 18 months imprisonment, 36 months probation, $3,000 fine, $92,411 restitution.
- Child Pornography Sentence: 295 months imprisonment, 180 months probation, $2,300 special assessment.
- Investigation Collaboration: EPA-CID, FBI, and NCFL played key roles in uncovering both the environmental and child pornography offenses.
This case underscores the often-hidden connections between seemingly disparate criminal activities and the importance of thorough forensic investigation. The EPA’s initial focus on environmental violations ultimately led to the exposure of a horrific crime against children, highlighting the crucial role environmental law enforcement can play in broader public safety efforts.
Source: EPA ECHO Enforcement Case Database
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