Gary Dawson, Hazardous Waste Handling and Transportation, Nevada 2009

Battle Mountain, NV – Gary Dawson, owner and operator of DFI, was sentenced on May 18, 2009, following a multi-year investigation into illegal hazardous waste handling and transportation. The case, originating from a search in California but culminating in a Nevada conviction, highlights the challenges of tracking and regulating hazardous materials across state lines.

Investigators with the Nevada Department of Environmental Protection (NDEP) discovered that Dawson was operating DFI as an unpermitted Treatment, Storage, and Disposal Facility (TSDF) in Battle Mountain. Despite lacking the necessary permits, Dawson falsely listed DFI as a permitted TSDF on numerous hazardous waste manifests originating from California. These manifests detailed shipments of Resource Conservation and Recovery Act (RCRA) hazardous waste, effectively creating a paper trail of legality for an illegal operation.

The investigation began on November 5, 2004, when the Alameda County District Attorney’s Office executed search warrants at Dawson’s Fairfield, California residence and his warehouse facility, Environex. Authorities uncovered 129 drums of plating waste illegally transported to and stored at Environex. Tracing the waste back to its source revealed the material originated from Electrochem, a plating company based in Union City, California. The drums contained hazardous substances subject to strict regulations under RCRA.

Dawson was initially charged in January 2005 with four counts of violating California state environmental regulations. He subsequently pled guilty to all counts. The protracted legal proceedings ultimately led to a sentence of 120 days in Alameda County Jail, five years of probation, and a total of $16,280 in fines and restitution. The restitution is intended to cover the costs associated with the proper disposal and remediation of the illegally stored waste.

The case underscores the importance of diligent tracking of hazardous waste shipments and the necessity for robust enforcement of RCRA regulations. The illegal operation not only posed a potential environmental threat but also created an unfair advantage for companies complying with the law. While the sentence brings a degree of closure to this particular case, authorities continue to emphasize the need for vigilance in preventing future incidents of illegal hazardous waste handling.

The investigation and prosecution were a collaborative effort between the NDEP, the Alameda County District Attorney’s Office, and other relevant agencies. The details of the transported waste quantity remain unknown, but the discovery of 129 drums at Environex suggests a substantial and ongoing pattern of illegal activity.

Table of Contents

Key Facts

Defendant: Gary Dawson
Location: Battle Mountain, Nevada & Fairfield, California
Year: 2009 (charges filed 2005)
Crime: Illegal Hazardous Waste Handling & Transportation
Statutes Violated: Resource Conservation and Recovery Act (RCRA) and California state environmental regulations.
Penalties: 120 days in jail, $16,280 in fines and restitution, 5 years probation.
Key Evidence: 129 drums of plating waste discovered at Environex warehouse.
Unpermitted Facility: DFI operated as an unpermitted TSDF.

Source: EPA ECHO Enforcement Case Database

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