Portland, OR – A hazardous waste handling and transportation company, Drum Recovery, Inc., along with three of its executives, faced federal charges in 1984 and 1985 for a series of environmental and financial crimes. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, revealed a pattern of illegal dumping, improper storage, and fraudulent practices that jeopardized public health and the environment.
The investigation began to unravel in January 1984, when a 39-count indictment was filed against Drum Recovery, Inc., its president Van Lom, general manager Tienken, and sales manager Tuttle. The charges stemmed from the company’s reckless handling of dangerous materials, specifically sodium hydroxide and polychlorinated biphenyls (PCBs). Authorities discovered evidence of sodium hydroxide being illegally dumped directly onto streets, posing an immediate threat to both citizens and infrastructure. Equally concerning was the improper labeling, storage, and ultimate disposal of PCBs, a known carcinogen.
The legal violations were numerous and severe. The indictment alleged violations of the Toxic Substances Control Act (TSCA) – specifically 15 U.S.C. 614 – relating to the mishandling of PCBs. Additionally, Drum Recovery, Inc. and Van Lom were charged with violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund – 42 U.S.C. 603(b) – related to the illegal dumping. Furthermore, the company and its executives were accused of mail fraud (18 U.S.C. 1341) and conspiracy (18 U.S.C. 371) to conceal their unlawful activities. Finally, violations of the Hazardous Materials Transportation Act (HMTA) – 49 U.S.C. 1809(b) – were alleged concerning the unsafe transport of these hazardous substances.
Rather than contest the charges, several of the defendants entered guilty pleas. In March 1984, Tuttle pled guilty to one count of violating TSCA for improperly labeling PCBs. Tienken followed suit shortly after, admitting guilt to five TSCA violations concerning the improper storage of the same hazardous material. Van Lom also entered a guilty plea, but to a superseding information charging him with one count each of violating CERCLA and HMTA. These pleas appeared to be a strategic move to mitigate potential penalties.
The sentencing phase saw varying degrees of punishment. Tuttle received 60 months of probation, with the stipulations that he remain out of the hazardous waste business during the probationary period, contribute one-third of the cleanup costs, and perform 100 hours of community service. Van Lom received a one-year prison sentence followed by 60 months of probation, also with the condition of staying out of the hazardous waste industry and contributing to cleanup expenses. Tienken received a 90-day incarceration sentence and 60 months of probation, with a similar financial obligation. Notably, however, the charges against Drum Recovery, Inc. itself were dismissed in February 1985, the reasons for which remain unclear from available records.
Key Facts
- Defendant: Drum Recovery, Inc., Van Lom, Tienken, Tuttle
- Location: Oregon
- Year: 1985
- Crimes: Illegal dumping of sodium hydroxide, improper handling of PCBs, mail fraud, conspiracy, and violations of hazardous materials transportation regulations.
- Laws Violated: TSCA (15 U.S.C. 614), CERCLA (42 U.S.C. 603(b)), Mail Fraud (18 U.S.C. 1341), Conspiracy (18 U.S.C. 371), HMTA (49 U.S.C. 1809(b))
- Penalties: Van Lom – 1 year imprisonment + 60 months probation; Tienken – 90 days imprisonment + 60 months probation; Tuttle – 60 months probation. All required to pay one-third of cleanup costs.
- Company Status: Charges against Drum Recovery, Inc. were dismissed.
GrimyTimes will continue to follow up on this case and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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