Di Giorgio Corporation, Clean Water Act Violation, CO 1990

Henderson, Colorado – In 1990, Di Giorgio Corporation, operating as Guaranteed Products of Colorado, faced federal charges for violations of the Clean Water Act and improper hazardous waste handling. The case, stemming from activities at their Henderson facility, resulted in significant financial penalties and mandated environmental remediation.

The investigation revealed that Di Giorgio, a manufacturer of aluminum extrusion products including window frames and doors shipped nationally, knowingly stored and disposed of hazardous wastes in a manner that violated federal regulations. These wastes included RCRA-listed corrosive and ignitable substances, posing a potential threat to both the environment and public health. While the exact nature of the discharge impacting waterways wasn’t detailed in available records, the violations centered on improper storage and disposal practices which *could* lead to water contamination.

On November 15, 1989, Di Giorgio waived its right to a grand jury indictment and entered into a plea agreement with federal prosecutors. The corporation pleaded guilty to two counts of knowingly storing and disposing of hazardous waste in violation of the Resource Conservation and Recovery Act (RCRA), specifically Section 3008(d)(2) – codified as 42 U.S.C. 6928(d)(2)(A). This admission of guilt paved the way for a sentencing hearing and a comprehensive remediation plan.

The court accepted the plea agreement on January 12, 1990, and formally sentenced Di Giorgio Corporation on February 16, 1990. The penalties included a $40,000 fine payable to the United States Treasury, as well as a $400 special assessment directed towards the Crime Victim’s Fund. However, the financial burden didn’t end there. As part of the agreement, Di Giorgio was also ordered to invest $452,670 in remedial measures and compliance initiatives, as directed by a separate compliance order issued by the Colorado Department of Health.

Table of Contents

Key Facts

Defendant: Di Giorgio Corporation d/b/a Guaranteed Products of Colorado
Location: Henderson, Colorado
Crime: Clean Water Act & Hazardous Waste Violations (RCRA)
Statutes Violated: 42 U.S.C. 6928(d)(2)(A)
Plea Date: November 15, 1989
Sentencing Date: February 16, 1990
Fine: $40,000
Remediation & Compliance Costs: $452,670
Facility Status: No longer in operation

Notably, the Henderson facility involved in the violations is no longer operational. The case serves as a stark reminder of the environmental risks associated with industrial manufacturing and the importance of strict adherence to hazardous waste regulations. Federal and state agencies continue to prioritize enforcement actions against companies that prioritize profit over environmental protection, especially concerning the discharge of pollutants into vital water resources.

GrimyTimes will continue to follow environmental enforcement cases and report on the accountability of corporations that endanger public health and the environment. Further details about the specific hazardous materials involved and the extent of the environmental damage remain limited in publicly available records, highlighting the need for greater transparency in environmental enforcement proceedings.

Source: EPA ECHO Enforcement Case Database

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