Golden, Colorado – Great Western Inorganics, Inc., a chemical manufacturer, and its president, Roger W. Vernon, were convicted in February 1990 of multiple violations of the Resource Conservation and Recovery Act (RCRA). The case, brought by the Environmental Protection Agency (EPA), revealed a pattern of knowingly storing, treating, and disposing of hazardous waste without the legally required permits or interim status.
The company, specializing in chemicals like mercury oxide, arsenic trichloride, and experimental metal salts, operated a facility in Golden. According to court documents, Great Western Inorganics failed to adhere to federal regulations designed to protect human health and the environment from the dangers of improper hazardous waste management. The EPA’s investigation uncovered evidence that the company had been operating outside the bounds of the law for an undetermined period.
Timeline of Events
On February 21, 1990, both the corporation and Vernon were formally charged. Vernon faced two counts of accessory to the violations, specifically for making false statements regarding the company’s hazardous waste handling practices. Great Western Inorganics was charged with four counts of knowingly engaging in the illegal storage, treatment, and disposal of hazardous waste. The charges centered around violations of RCRA sections 3008(d)(2)(A) [42 U.S.C. 6928(d)(2)(A)] and 3008(d)(3) [42 U.S.C. 6928(d)(3)], coupled with 18 U.S.C. 3 for the false statements made by Vernon.
Remarkably, both defendants entered guilty pleas to all charges just one week later, on February 27th. This quick resolution suggests a potential attempt to mitigate penalties or avoid a more protracted legal battle. The guilty pleas, however, did not shield them from significant consequences. On April 19, 1990, the court handed down its sentences.
Penalties and Cleanup
Roger W. Vernon received 24 months of probation, was ordered to perform 100 hours of community service, and fined a substantial $125,000, in addition to a $100 special assessment. The corporation faced a much steeper penalty: a fine of $200,000 *per count*, totaling $800,000. However, $150,000 of the fine *per count* was suspended, contingent on the company’s full compliance with a mandated cleanup plan and its financial responsibility for the remediation efforts. A further $800 special assessment was levied against the company. This arrangement demonstrates the EPA’s willingness to prioritize environmental remediation alongside punitive measures.
Key Facts
- Defendant: Great Western Inorganics, Inc. and Roger W. Vernon
- Location: Golden, Colorado
- Year: 1990
- Violated Laws: 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(3), 18 U.S.C. 3 (Resource Conservation and Recovery Act)
- Penalties: Vernon – 24 months probation, $125,000 fine, 100 hours community service. Great Western Inorganics – $800,000 fine (with $100,000 suspended), 60 months probation, mandated cleanup.
- Hazardous Materials: Mercury oxide, arsenic trichloride, experimental metal salts
This case serves as a stark reminder of the importance of adhering to environmental regulations and the potential consequences of prioritizing profit over responsible waste management. The EPA continues to pursue enforcement actions against companies that endanger public health and the environment through illegal hazardous waste practices.
Source: EPA ECHO Enforcement Case Database
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