Gary Lewis, Hazardous Waste Disposal, MT 1993

Butte, MT – Gary Lewis, operating as Lewis Construction Company, a road line marking and painting business, has been sentenced following a guilty plea to federal charges of illegally disposing of hazardous waste. The case, investigated by the Environmental Protection Agency (EPA), highlights ongoing concerns regarding improper waste management practices impacting Montana’s environment.

According to court documents, Lewis was charged on January 25, 1993, with one count of violating the Resource Conservation and Recovery Act (RCRA). The charges stemmed from evidence indicating Lewis Construction Company knowingly disposed of hazardous waste in an unauthorized manner, potentially contaminating soil and water resources. The company specialized in road marking and painting, generating waste containing lead and other toxic materials.

The EPA’s investigation uncovered a pattern of negligence in handling and disposal of these waste products. Rather than adhering to strict RCRA regulations requiring proper containment, transportation, and treatment at licensed facilities, Lewis allegedly opted for cheaper, illegal methods. Investigators believe the motive was to cut costs and maximize profits, disregarding the environmental and public health risks.

Lewis swiftly pled guilty to the single count on the same day he was formally charged, indicating a likely acceptance of responsibility, though the extent of the environmental damage remains under assessment. The guilty plea bypassed a potentially lengthy and costly trial, allowing for a quicker resolution of the criminal matter. However, the financial repercussions are significant.

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Sentencing and Restitution

On March 26, 1993, Judge [Reporter’s Note: Judge’s name not available in case data] handed down the sentence: a 60-month probationary period. As part of the terms, Lewis will spend the first four months under home detention, monitored electronically. Critically, Lewis was also ordered to pay $500,000 in restitution, intended to cover the costs of environmental remediation and cleanup related to the illegal disposal. The restitution payments will be made throughout the duration of his probation.

Legal Framework and Penalties

The prosecution relied heavily on a violation of 42 U.S.C. 6928(d)(2)(A), a specific section of the Resource Conservation and Recovery Act (RCRA) dealing with the unlawful disposal of hazardous waste. This statute carries significant penalties, including fines and imprisonment, designed to deter similar offenses. While Lewis avoided jail time, the substantial restitution and probationary period serve as a clear message that environmental crimes will not be tolerated.

Key Facts

Defendant: Gary Lewis (Lewis Construction Company)
State: Montana
Year: 1993
Crime: Illegal Disposal of Hazardous Waste
Statute Violated: 42 U.S.C. 6928(d)(2)(A) (RCRA)
Penalty: 60 months probation (4 months home detention), $500,000 restitution
Waste Type: Hazardous materials from road line marking/painting (lead, etc.)

The EPA continues to emphasize the importance of responsible waste management and encourages anyone with knowledge of environmental violations to report them to the appropriate authorities. This case serves as a stark reminder of the consequences of prioritizing profit over environmental protection.

Source: EPA ECHO Enforcement Case Database

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