Donald Haugen, Knowing Release of a Hazardous Substance, Michigan 2013

Kalamazoo, MI – Donald Haugen was sentenced in August 2013 after a fire on his property triggered a costly Superfund cleanup and revealed a pattern of hazardous material mismanagement. The incident, stemming from a shed fire near Kalamazoo, led to felony charges brought by the Michigan Attorney General’s Office in 2011, alleging Haugen knowingly released dangerous substances into the environment.

The investigation began after firefighters responded to a blaze at a shed located on Haugen’s property. Upon extinguishing the fire, responders discovered a significant quantity of improperly stored and aging laboratory chemicals. The release of these hazardous substances necessitated an extensive and expensive environmental remediation effort, falling under the purview of the U.S. Environmental Protection Agency (EPA) as a Superfund site.

According to court documents, prosecutors argued Haugen was aware of the risks associated with storing the chemicals and failed to take adequate precautions to prevent their release. The charges centered on the claim that Haugen either knowingly released the substances or created a situation where their release was inevitable, potentially causing harm to individuals or property. The state alleged Haugen *should have known* the potential consequences of his actions, even if he didn’t directly intend to cause damage.

On July 13, 2011, Haugen was formally charged with Knowing Release of a Hazardous Substance, a violation of Michigan state law 32420139. After a period of legal proceedings, on May 6, 2013, Haugen entered a plea of nolo contendere to one count of the charge. In exchange for the plea, the Michigan Attorney General’s Office agreed to dismiss the remaining count. The nolo contendere plea, meaning “no contest,” does not constitute an admission of guilt but allows the court to proceed with sentencing.

On August 5, 2013, Judge [Judge’s name not provided in source material] handed down the sentence: one day of incarceration, served at the time of arrest, followed by a 60-month probation period. However, the most significant component of the sentence was the substantial financial penalty. Haugen was ordered to pay $2.65 million in restitution to the U.S. Environmental Protection Agency to cover the costs of the Superfund cleanup and an additional $52,000 to the Michigan Department of Environmental Quality for their investigative and response efforts.

Table of Contents

Key Facts

Defendant: Donald Haugen
Location: Near Kalamazoo, Michigan
Statute Violated: Michigan State Law 32420139 – Knowing Release of a Hazardous Substance
Charges Filed: July 13, 2011
Plea: Nolo Contendere to one count
Sentence: 1 day incarceration (time served), 60 months probation, $2.65 million restitution to EPA, $52,000 restitution to MI DEQ
Incident Trigger: Fire in shed containing improperly stored laboratory chemicals

This case serves as a stark reminder of the legal and financial repercussions associated with the improper handling and storage of hazardous materials. The substantial restitution order highlights the significant costs associated with environmental contamination and the EPA’s commitment to holding responsible parties accountable for cleanup efforts.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases