Denver Sanitary Company, Environmental Crime, CO 1988

Denver, CO – A decades-old case of illegal hazardous waste disposal by Denver Sanitary Company has resurfaced, revealing a pattern of deliberate environmental violations and cover-ups. The case, originating in 1987 and concluding with sentencing in 1988, highlights the dangers of unchecked industrial waste management and the lengths to which companies will go to avoid regulatory compliance.

The Environmental Protection Agency (EPA) investigation uncovered that Denver Sanitary Company, a waste hauling and disposal firm, was systematically dumping hazardous waste into local sewer systems – a practice known as an illegal discharge to a Publicly Owned Treatment Works (POTW). This not only violated environmental regulations but also posed a significant risk to public health and the integrity of the city’s wastewater treatment facilities.

The initial indictment in April 1987 charged the company, along with Vice President Anthony Giardino and supervisors Robert Hughes and Michael Fedorowicz, with a total of 22 counts. These included conspiracy (18 U.S.C. 371), transporting hazardous waste to an unpermitted facility in violation of the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(1) – and making false statements (18 U.S.C. 1001). Further charges related to willful and negligent discharge of pollutants into the POTW under the Clean Water Act (33 U.S.C. 1317(b) and (d) and 1319(c)(1)), unpermitted storage of hazardous waste (42 U.S.C. 6928(d)(2)(A)), and additional false statements under RCRA (42 U.S.C. 6928(d)(3)).

While the company initially pled guilty to a reduced set of charges in July 1987 – one count of making a false statement, two counts of illegal transportation, and one count of illegal storage – the EPA pressed forward with individual charges against Giardino, Hughes, and Fedorowicz. A superseding information filed in February 1988 alleged that all three men continued to engage in illegal activity and actively worked to obstruct the investigation, charging them as accessories after the fact (18 U.S.C. 3). Fedorowicz was the first to succumb to the pressure, pleading guilty in March 1988 to all three counts and receiving a sentence of 12 months probation, 300 hours of community service, and a $2,500 fine.

Giardino and Hughes followed suit, also pleading guilty to all charges in March 1988. Giardino was fined $7,500, while Hughes received a $3,000 fine. The company itself was initially fined $85,000, with $40,000 suspended contingent on full compliance with environmental laws for a 36-month probationary period, and was also ordered to perform community service. While seemingly a victory for the EPA, critics at the time argued that the penalties were insufficient given the scale and deliberate nature of the violations.

Table of Contents

Key Facts

Defendant: Denver Sanitary Company, Anthony Giardino, Robert Hughes, Michael Fedorowicz
Crime: Illegal Hazardous Waste Disposal & False Statements
Location: Denver, Colorado
Year: 1988
Statutes Violated: Resource Conservation and Recovery Act (RCRA), Clean Water Act, 18 U.S.C. 371 (Conspiracy), 18 U.S.C. 3 (Accessory After the Fact)
Penalties: Company fined $85,000 ($40,000 suspended), Giardino fined $7,500, Hughes fined $3,000, Fedorowicz – 12 months probation, 300 hours community service, $2,500 fine.

This case serves as a stark reminder of the importance of rigorous environmental enforcement and the need for corporate accountability. The deliberate dumping of hazardous waste, coupled with attempts to mislead investigators, demonstrates a blatant disregard for both the law and the well-being of the community. While the case concluded over three decades ago, its lessons remain relevant in an era of increasing environmental concerns and the ongoing struggle to protect our natural resources.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases