Denver, CO – James Joseph Duran, owner of Tri State Environmental Group and Aftermath Cleanup & Remediation Services, LLC, has been sentenced following a guilty plea to felony charges related to the illegal disposal of asbestos-containing waste material (ACWM). The case, investigated by a multi-agency task force, highlights the severe consequences for those who endanger public health and the environment through negligent and unlawful practices.
According to court documents and a press release from the Colorado Attorney General’s Office, Duran and his companies began improperly abandoning ACWM as early as 2009. Instead of adhering to strict regulations governing asbestos abatement and disposal, Duran knowingly bypassed safety protocols, leading to a series of hazardous substance incidents. The illegal dumping not only posed a direct threat to public health but also violated emissions standards set by the Colorado Air Quality Control Commission.
The investigation, a collaborative effort between the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), the Colorado Department of Public Health and Environment (CDPHE), and the Environmental Crimes Unit of the Attorney General’s Office, revealed a pattern of concealment. Duran and his companies actively worked to hide their violations from law enforcement and regulatory agencies. This obstruction of justice further compounded the severity of the offenses.
“Unsafe disposal of asbestos endangers human health,” stated Jeffery Martinez, Special Agent in Charge of EPA-CID in Colorado. “This sentence is some measure of justice for the communities, businesses and individuals impacted by the defendant’s conduct. When businesses break the law, the EPA and its partners will step in to protect the health and welfare of the American people.” The EPA emphasized its commitment to pursuing environmental crimes and holding perpetrators accountable.
Penalties and Legal Violations
Duran pleaded guilty to the charge of Causing and Contributing to a Hazardous Substance Incident, a felony under Colorado law. He received a sentence of 500 hours of community service, six years of probation, and was ordered to pay $2,538 in restitution. Both Aftermath Cleanup & Remediation Services and Tri State Environmental Group also pleaded guilty and were each fined $500,000. The violations extended beyond the initial illegal dumping, encompassing failures to comply with Colorado Department of Public Health and Environment regulations concerning the storage and handling of ACWM.
Key Facts
- Defendant: James Joseph Duran, Tri State Environmental Group, Aftermath Cleanup & Remediation Services, LLC
- Crime: Illegal disposal of asbestos-containing waste material (ACWM)
- State: Colorado
- Year: 2014
- Statutes Violated: Colorado law regarding Causing and Contributing to a Hazardous Substance Incident; Colorado Department of Public Health and Environment regulations.
- Penalties: Duran – 500 hours community service, 6 years probation, $2,538 restitution; Companies – $500,000 fine each.
- Agencies Involved: EPA-CID, CDPHE, Colorado Attorney General’s Office Environmental Crimes Unit
Colorado Attorney General John Suthers underscored the seriousness of the offense, stating, “We take our obligation to protect Colorado’s environment seriously…This conviction serves as a reminder that you cannot abandon asbestos in dumpsters and anyone doing so needs to be reported for committing a public health crime.” The case serves as a stark warning to other companies and individuals that environmental regulations are rigorously enforced in Colorado.
Source: EPA ECHO Enforcement Case Database
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