Kaysville, UT – A Utah furniture restoration business and its owner have been penalized for illegally dumping hazardous waste, exposing workers to dangerous toxins and violating federal environmental regulations. Heritage Restoration, Inc., and its owner, Jay Atwater, were sentenced in March 2009 following a federal investigation into their waste disposal practices.
From January 2001 to April 2007, Atwater operated Heritage Restoration in Kaysville, stripping furniture using a potent solution containing between 70 and 76 percent methylene chloride. The resulting wastewater, a toxic mixture of the stripping solution and rinse water, wasn’t disposed of properly. Instead, Atwater directed employees to pump the waste into a hole in the shop floor, which connected to a pipe leading directly into the soil west of the business. This practice bypassed all established environmental safeguards and potentially contaminated local groundwater.
Illegal Dumping & Worker Endangerment
The Environmental Protection Agency (EPA) determined that the discharged solution constituted hazardous waste due to its high concentration of methylene chloride, exceeding the 10 percent threshold that triggers federal regulations. Methylene chloride is a known toxic substance, and its release posed a significant risk of “acute worker health or safety problems” according to court documents. The clandestine disposal method also violated the integrity of the Central Davis Sewer District.
Federal prosecutors charged Heritage Restoration, Inc. with one count of violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)). Atwater faced a more extensive indictment, including charges under the Clean Water Act (33 U.S.C. 1311(a)), the Safe Drinking Water Act (42 U.S.C. 300h-2(b)), and the Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A)). The charges stemmed from the illegal discharge of pollutants, failure to comply with underground injection control regulations, and the improper disposal of hazardous waste without a permit.
Sentencing & Penalties
In March 2009, Heritage Restoration, Inc. pled guilty to the Clean Water Act violation and was sentenced to three years of probation and ordered to pay a $25,000 federal fine. Jay Atwater also pled guilty, but to the RCRA charge, and received a harsher sentence: ten months of incarceration, followed by nineteen months of probation, and a $10,000 federal fine. The case highlights the serious consequences of neglecting environmental regulations and prioritizing profit over public health and safety.
Key Facts
- Defendant: Heritage Restoration, Inc. and Jay Atwater
- Location: Kaysville, Utah
- Years of Violation: 2001 – 2007
- Laws Violated: Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A)), Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A)), Safe Drinking Water Act (42 U.S.C. 300h-2(b))
- Hazardous Substance: Methylene Chloride
- Penalties: Heritage Restoration – 3 years probation, $25,000 fine. Jay Atwater – 10 months incarceration, 19 months probation, $10,000 fine.
The EPA continues to emphasize the importance of proper hazardous waste management and encourages businesses to adhere to all applicable environmental regulations to prevent similar incidents from occurring in the future.
Source: EPA ECHO Enforcement Case Database
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