Draper, UT – Donald Scott Hanks, former general manager of Materials Packaging Corporation’s (MPC) Draper, Utah facility, was sentenced on August 17, 2010, following a guilty plea to charges stemming from the falsification of air quality reports. The case, investigated by the Utah Division of Air Quality, revealed a deliberate effort to mislead regulators regarding the facility’s production output.
MPC, a multi-state operation specializing in the bulk purchasing, processing, and packaging of cement, sand, and other materials, operates under strict air permits designed to limit pollution. The Draper facility’s permit stipulated a monthly production cap of 200,000 tons of dry mix products, averaged over a rolling 12-month period. Investigators discovered that between 2006 and May 2008, MPC consistently exceeded this limit.
According to court documents, Hanks actively participated in a scheme to falsify production records submitted to the Utah Division of Air Quality. These altered records intentionally misrepresented the facility’s output, showing compliance with permit limitations when, in reality, they were being routinely violated. The false reports were part of the company’s mandatory reporting requirements, designed to ensure adherence to environmental regulations.
Legal Ramifications
Hanks was initially charged with two counts of violating Utah Code Ann. 19-2-115(4)(a), a third-degree felony offense related to making material false statements. However, the charges were amended prior to the plea. Hanks ultimately pled guilty to two counts of *attempted* material false statement, a Class A misdemeanor. The sentence handed down included 12 months of incarceration, *suspended*, 12 months of probation, and a substantial $5,000 fine payable to the state of Utah.
Investigation and Aftermath
The investigation into MPC’s reporting practices began after discrepancies were identified during a routine audit of permit compliance data. The Utah Division of Air Quality initiated a deeper review, ultimately uncovering the systematic falsification of records. While Hanks was the only individual criminally charged in the matter, the incident raises questions about the extent of knowledge and involvement within MPC’s upper management.
Key Facts
- Defendant: Donald Scott Hanks
- Company: Materials Packaging Corporation (MPC)
- Location: Draper, Utah
- Years of Violation: 2006 – 2008
- Statute Violated: Utah Code Ann. 19-2-115(4)(a) – Material False Statement
- Original Charge: Third-degree felony
- Plea & Sentence: Guilty to attempted misdemeanor; 12 months suspended incarceration, 12 months probation, $5,000 fine
- Nature of Crime: Falsifying air quality reports to conceal exceeding production limits.
The case serves as a cautionary tale regarding the importance of accurate reporting and compliance with environmental regulations. The Utah Division of Air Quality continues to emphasize its commitment to vigorously pursuing individuals and companies who attempt to circumvent environmental laws for financial gain.
Source: EPA ECHO Enforcement Case Database
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