BLANDING, UT – Gordon S. Bird, Jr., the owner and operator of Xtron Corporation, was convicted in 1993 of illegally storing and disposing of hazardous waste at the company’s gallium recovery facility in Blanding, Utah. The case, pursued by the Environmental Protection Agency (EPA), highlighted a blatant disregard for environmental regulations and public safety.
Xtron Corporation, incorporated in Utah, specialized in recovering gallium, a rare metal used in electronics. The recovery process generated significant hazardous waste, specifically containing arsenic and cadmium – both known toxins. Rather than adhering to strict regulatory protocols, Bird knowingly bypassed requirements for permitted storage and disposal, opting for cheaper, illegal methods.
The investigation, which led to a two-count indictment on January 16, 1992, revealed that Xtron was operating without the necessary permits for handling hazardous materials. Prosecutors alleged that Bird not only directed the improper disposal but actively participated in the violations. The indictment specifically cited violations of the Resource Conservation and Recovery Act (RCRA), a cornerstone of federal environmental law.
The trial commenced on November 30, 1992, and after four days of testimony and evidence presentation, a jury found Bird guilty on one count of knowingly violating RCRA and a second count of aiding and abetting the illegal disposal. The prosecution successfully demonstrated that Bird was aware of the hazardous nature of the waste and intentionally chose to flout environmental regulations to cut costs and maximize profits.
Penalties and Aftermath
On February 12, 1993, Judge sentenced Bird to 1,000 hours of community service, specifically focused on environmental protection initiatives. In addition to the substantial community service requirement, Bird was placed on 36 months of probation. While the sentence didn’t include imprisonment, it sent a clear message that environmental crimes would not be tolerated. The EPA also pursued civil penalties against Xtron, though details of those settlements were not readily available.
The case serves as a stark reminder of the potential dangers of unregulated hazardous waste handling. Environmental advocates at the time praised the EPA’s enforcement action, hoping it would deter other companies from similar practices. The incident also prompted increased scrutiny of industrial facilities in the Blanding area and a review of existing hazardous waste management practices within the state of Utah.
Key Facts
- Defendant: Gordon S. Bird, Jr.
- Company: Xtron Corporation
- Location: Blanding, Utah
- Crime: Illegal storage and disposal of hazardous waste (arsenic and cadmium)
- Statutes Violated: 42 U.S.C. 6928(d)(2)(A) – Resource Conservation and Recovery Act (RCRA)
- Penalties: 1,000 hours community service, 36 months probation
- Conviction Date: November 30, 1992
- Sentencing Date: February 12, 1993
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect communities from hazardous waste violations.
Source: EPA ECHO Enforcement Case Database
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