SILVERTON, OR – A network of individuals operating in the forested hills above Silverton, Oregon, received sentences earlier this year following a federal investigation into the illegal burning of stolen government wire and subsequent release of hazardous lead into the environment. The case, prosecuted by the Environmental Protection Agency (EPA), revealed a deliberate and dangerous scheme to strip valuable copper from the wire while disregarding environmental regulations and public health.
The investigation, which culminated in guilty pleas on January 10, 2009, focused on the defendants’ practice of illegally burning the wire at multiple remote locations. This process, employed to efficiently recover the copper, released substantial amounts of lead – a highly toxic heavy metal – into the air, soil, and potentially water sources. Authorities believe the wire was initially stolen from government facilities, adding theft to the list of federal crimes committed.
Gregory Kjos was among those sentenced for their role in the operation. He received three years of probation and was ordered to pay $1,000 in restitution. While Kjos received a relatively lenient sentence, other defendants faced more severe penalties. Guss Volk was sentenced to one day of incarceration alongside two years of probation and a $1,000 restitution order. Jerry Finlay received 4 ½ years probation and a $1,000 restitution order. Michael McLoughlin faced the harshest sentence, receiving nine months imprisonment, 31 months probation, and a substantial $7,702 restitution order. Michael Elstand was sentenced to three years probation.
The prosecution hinged on violations of the Resource Conservation and Recovery Act (RCRA), the primary federal law governing the disposal of solid and hazardous waste. Specifically, the defendants were charged with, and pled guilty to, conspiracy to damage an energy facility, a charge stemming from the hazardous nature of the burning and its potential impact on local infrastructure and the environment. The illegal burning constituted improper hazardous waste management, directly contravening RCRA’s provisions designed to protect human health and the environment from the dangers posed by such materials.
While the specific details of the stolen wire’s origin remain somewhat obscured, investigators confirmed the wire contained lead-based coatings and insulation, making its burning a clear violation of environmental regulations. The restitution orders are intended to cover the costs of environmental remediation and potential health monitoring in the affected areas. The EPA has not released a full environmental impact assessment stemming from the illegal burning, but officials state ongoing monitoring is in place.
This case highlights the ongoing threat posed by illegal hazardous waste disposal and the serious consequences for those who prioritize profit over environmental safety. The EPA continues to investigate similar cases nationwide, emphasizing its commitment to enforcing federal environmental laws and holding violators accountable.
Key Facts
- Defendant: Gregory A Kjos, along with Guss Volk, Jerry Finlay, Michael McLoughlin, and Michael Elstand.
- Location: Forest areas above Silverton, Oregon.
- Year: 2009
- Statutes Violated: Resource Conservation and Recovery Act (RCRA), Conspiracy to damage an energy facility.
- Penalties: Sentences ranged from probation and restitution to imprisonment and extended probation. Restitution amounts varied from $1,000 to $7,702.
- Crime: Illegal burning of stolen government wire, releasing hazardous lead into the environment.
GrimyTimes will continue to follow this case and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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