James Weaks, Trespassing, CO 1995

Leadville, CO – A former Culligan employee was penalized earlier this year after admitting to illegally trespassing on property within the Smeltertown Superfund site in Leadville, Colorado. James Weaks, 48 at the time of the offense, falsely presented himself as an Environmental Protection Agency (EPA) official to gain unauthorized access to the land and collect water samples.

According to court documents, Weaks’ actions took place in February 1995. He allegedly misrepresented his affiliation to secure the water samples, which he then intended to use in a sales pitch to Conzinco. The intent was to convince Conzinco to purchase a water treatment system, leveraging the analytical results obtained through the illicitly gathered samples. Investigators believe Weaks hoped to close a deal by presenting the data as if it originated from an official EPA assessment.

The Smeltertown site, a former lead smelting operation, is currently undergoing extensive remediation under the Superfund program, designed to clean up hazardous waste sites. Unauthorized entry onto the property is strictly prohibited due to ongoing environmental hazards and security concerns. The EPA has invested significant resources in securing the site and monitoring its progress, making Weaks’ deception a serious breach of security and potentially jeopardizing the integrity of the ongoing cleanup efforts.

While the EPA investigated the matter due to the sensitive nature of the location and the false impersonation of an agency official, the case was ultimately pursued under Colorado state law. On February 28, 1995, Weaks was formally charged with second-degree criminal trespassing. Rather than contest the charges, Weaks entered a plea of no contest, acknowledging the evidence against him without formally admitting guilt.

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Legal Ramifications

Weaks’ no-contest plea resulted in a sentencing of a $188 fine. While a relatively modest penalty, legal experts note that the case highlights the potential for state-level prosecution of individuals who attempt to exploit environmental concerns for personal gain or misrepresent themselves as federal officials. The specific statute violated was Colorado’s second-degree criminal trespassing law, which prohibits knowingly and unlawfully entering or remaining in a building or on property of another without permission.

Key Facts

Defendant: James Weaks
Location: Smeltertown Superfund Site, Leadville, Colorado
Crime: Second-degree criminal trespassing
Date of Offense: February 1995
Motive: To fraudulently obtain water samples and sell a water treatment system to Conzinco.
Statute Violated: Colorado Second-degree Criminal Trespassing
Penalty: $188 fine

The incident serves as a reminder that even seemingly minor offenses involving Superfund sites can carry significant legal and environmental consequences. Authorities continue to monitor the Smeltertown site closely, and trespassers face potential criminal charges and significant fines. The EPA encourages anyone with information regarding suspicious activity at Superfund sites to report it immediately.

Source: EPA ECHO Enforcement Case Database

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