Durbin Hartell, Violating the Clean Water Act, Oregon 2009

Portland, OR – Durbin Hartell, former plant manager at Spencer Environmental, a used oil recycling and wastewater disposal company in Portland, Oregon, has been sentenced to one year of probation and a $1,250 fine following a guilty plea to a misdemeanor violation of the Clean Water Act. The case, stemming from a 2003 investigation triggered by a tragic workplace fatality, highlights a pattern of environmental negligence and regulatory breaches at the facility.

The investigation began in July 2003 when an employee died several weeks after cleaning a tank using a pressure washer at the Spencer Environmental plant. While the initial incident focused on workplace safety, it quickly expanded to reveal systemic issues with the company’s handling of hazardous waste and wastewater. Investigators discovered a history of improper storage and disposal practices, leading to multiple criminal charges.

Hartell was charged on May 12, 2009, with one count of violating the Clean Water Act – specifically, failing to adhere to effluent limitations (33 U.S.C. 1311(a)) – and one count of making false statements in official dealings with authorities (18 U.S.C. 1001(a)(2)). He subsequently pleaded guilty to both counts on July 13, 2009, and received his sentence the same day. The guilty plea brings a close to the criminal portion of the investigation, but raises questions about oversight of waste management facilities in the region.

This sentencing is the final chapter in a series of legal repercussions for Spencer Environmental. The company’s owner previously received a six-month prison sentence for knowingly allowing the storage and treatment of approximately 33,000 gallons of waste oil and gasoline in an unapproved pit. This pit routinely overflowed, releasing contaminants into the environment. Spencer Environmental itself was also penalized, paying a $150,000 criminal fine after pleading guilty to violations of the Resource Conservation and Recovery Act (RCRA), relating to the illegal treatment and disposal of hazardous wastes and improper handling of used oil.

The case underscores the critical importance of adhering to environmental regulations and the potential consequences of prioritizing profit over safety and compliance. The Environmental Protection Agency (EPA) has been increasingly focused on holding individuals accountable for environmental crimes, rather than solely targeting corporations. Hartell’s conviction demonstrates this trend. GrimyTimes will continue to follow developments regarding environmental enforcement and potential civil suits related to the Spencer Environmental case.

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Key Facts

Defendant: Durbin Hartell
Crime: Clean Water Act violation, False Statements
State: Oregon
Year: 2009
Statutes Violated: 33 U.S.C. 1319(c)(1)(A), 18 U.S.C. 1001(a)(2)
Penalty: 12 months probation, $1,250 fine
Related Incident: Workplace fatality at Spencer Environmental in 2003
Company Fine: Spencer Environmental paid $150,000 for RCRA violations

Authorities have not released details regarding the specific false statements made by Hartell. Further investigation into the extent of the environmental damage caused by Spencer Environmental’s practices is ongoing.

Source: EPA ECHO Enforcement Case Database

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