Commerce City, CO – Derby Cleaners, Inc., a now-defunct dry cleaning business, and its owner have been penalized for illegally handling and disposing of hazardous waste, a case brought to light through Colorado state enforcement actions in 2008. The operation, located in Commerce City, systematically circumvented environmental regulations designed to protect both public health and the surrounding ecosystem.
According to court documents, Mahowald, the owner and operator of Derby Cleaners, knowingly disposed of used dry cleaning filters saturated with perchloroethylene (perc), a known hazardous substance, directly into the commercial trash. This practice alone violated state regulations. However, the illegal activity extended beyond simple improper disposal. When spills occurred within the business, Mahowald allegedly swept the contaminated waste into a hidden sump area beneath a wooden board.
The most egregious aspect of the case involved a makeshift system for discharging the perc waste. Using a sump pump, Mahowald directed the hazardous liquid *outside* the building and onto the ground, directly contaminating the soil and potentially groundwater. This deliberate act bypassed any containment or proper treatment protocols mandated for hazardous materials. Furthermore, Mahowald was obligated to maintain accurate temperature logs for the dry cleaning equipment, a crucial component of ensuring safe operation and regulatory compliance. Instead, he failed to collect the required data and submitted falsified reports to the State of Colorado, attempting to conceal his non-compliance.
Legal Ramifications
On March 7, 2008, Derby Cleaners was formally charged with violating state regulations. The company ultimately pled guilty to one count each of CRS 29-22-108(1) – hazardous substance incident and CRS 25-15-310(1)(b) – treating hazardous waste without a permit. The sentence, handed down on May 30, 2008, included 24 months of probation, $125 in restitution, and a state fine of $352.50. Mahowald also faced personal penalties, pleading guilty to violating CRS 25-7-122.1, the Colorado Clean Air Act. He received a misdemeanor deferred sentence, subject to update after two years of probation, and was ordered to pay a $1,378 fine.
Environmental Impact & Investigation
While the full extent of the environmental damage caused by Derby Cleaners’ actions remains unclear, the illegal dumping of perc poses significant risks. Perc is a volatile organic compound (VOC) and a likely human carcinogen. Soil and groundwater contamination can lead to long-term health problems for nearby residents and ecological damage to the surrounding area. The case underscores the importance of diligent environmental oversight and the consequences of prioritizing profit over responsible waste management.
Key Facts
- Defendant: Derby Cleaners, Inc. & Mahowald
- Location: Commerce City, Colorado
- Year: 2008
- Hazardous Substance: Perchloroethylene (perc)
- Violated Statutes:
- CRS 29-22-108(1) – Hazardous Substance Incident
- CRS 25-15-310(1)(b) – Treating Hazardous Waste Without a Permit
- CRS 25-7-122.1 – Colorado Clean Air Act
- Penalties: 24 months probation, $125 restitution, $352.50 state fine (Derby Cleaners); Misdemeanor deferred sentence, $1,378 fine (Mahowald)
GrimyTimes will continue to follow environmental crime cases and report on efforts to hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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