Derby Cleaners, Illegal Haz Waste, CO 2008

Commerce City, CO – Derby Cleaners, Inc., a now-defunct dry cleaning business, and its owner, Mahowald, have been convicted of illegally handling and disposing of hazardous waste, and falsifying environmental reports, according to Colorado court records. The case, brought to light through state enforcement actions in 2008, reveals a pattern of disregard for environmental regulations and potential public health risks.

Investigators discovered that Derby Cleaners routinely disposed of used dry cleaning filters saturated with perchloroethylene (perc) – a known toxic substance – directly into the commercial trash. More alarmingly, perc spills within the business weren’t cleaned up properly. Instead, Mahowald directed employees to sweep the liquid waste into a hidden sump area beneath a wooden board. This sump was then connected to a pump which discharged the hazardous perc waste *onto the ground* outside the facility, potentially contaminating soil and groundwater.

The illegal disposal practices weren’t the only violations. Derby Cleaners was also mandated to maintain accurate temperature logs for its cleaning equipment, a standard procedure designed to ensure safe and compliant operation. However, Mahowald demonstrably failed to collect these critical temperature readings and subsequently submitted falsified reports to the State of Colorado, attempting to conceal his non-compliance.

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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 totaling $352.50.

Mahowald himself also faced criminal charges, pleading guilty to a violation of CRS 25-7-122.1, the Colorado Clean Air Act. He received a misdemeanor deferred sentence, contingent upon successful completion of his 24 months probation, and was ordered to pay a separate fine of $1,378. A deferred sentence means the conviction will be removed from his record if he meets the terms of his probation.

Key Facts

Defendant: Derby Cleaners, Inc. & Mahowald
Location: Commerce City, Colorado
Hazardous Substance: Perchloroethylene (perc)
Illegal Disposal Methods: Disposing of filters in regular trash, pumping liquid waste onto the ground
Violated Statutes: CRS 29-22-108(1), CRS 25-15-310(1)(b), CRS 25-7-122.1
Penalties: 24 months probation, $477.50 fines (company & owner combined), $125 restitution

This case serves as a stark reminder of the importance of proper hazardous waste management and the potential consequences of environmental negligence. While the penalties in this instance may seem relatively minor, the damage to the environment and potential health risks associated with perc contamination could be significant. Authorities continue to emphasize the need for businesses to adhere to strict environmental regulations to protect both public health and the environment.

Source: EPA ECHO Enforcement Case Database

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