Denver, CO – Jay Hamburg, president of Metro Shop Supplies, has been convicted of multiple federal crimes related to the illegal handling and disposal of hazardous waste, according to court records unsealed this week. The case, originating in 1986, highlights a pattern of regulatory violations involving the improper transportation, storage, and ultimately, the falsification of information provided to the Environmental Protection Agency (EPA).
The investigation revealed that Hamburg, along with Moser – the vice president of Metro Shop Supplies – transported significant quantities of used paint solvents and waste materials, including acetone, methyl ethyl ketone, toluene, xylene, and N-butyl acetate, to a facility in Denver. These materials, classified as hazardous waste, were handled without the necessary permits mandated by the Resource Conservation and Recovery Act (RCRA). Authorities allege the company skirted proper disposal protocols, potentially endangering public health and the environment.
Indictment and Plea Deals
On June 17, 1986, a five-count indictment was returned against both Hamburg and Moser. The charges included violations of RCRA section 3008(d)(2)(A) – specifically, treating, storing, and disposing of hazardous waste without a permit. Additionally, Hamburg was charged with making false statements to the EPA, a violation of 18 U.S.C. 1001. Moser faced an additional charge under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), relating to the failure to report a release of hazardous substances.
The legal proceedings unfolded with Moser accepting a plea deal on July 31, 1986. He was sentenced on September 10, 1986, to 24 months of probation, 200 hours of community service, a $25 assessment for the Crime Victim’s Fund, and a $500 fine. Hamburg followed suit on October 30, 1986, pleading guilty to two counts of CERCLA violations. His sentencing came on December 12, 1986, resulting in 24 months probation, 120 hours of community service, a $2,000 fine, and mandatory attendance at a hazardous waste management course.
Legal Ramifications and Ongoing Concerns
The case serves as a stark reminder of the severe consequences associated with environmental crimes. The violations of RCRA and CERCLA carry significant penalties, reflecting the federal government’s commitment to protecting the environment and holding those who endanger it accountable. While both men avoided jail time, the convictions represent a permanent mark on their records and demonstrate the EPA’s proactive enforcement of environmental regulations.
GrimyTimes will continue to follow this case and investigate whether Metro Shop Supplies fully complied with the court-ordered remediation and future environmental safeguards. The improper handling of hazardous waste poses a long-term threat, and diligent oversight is crucial to prevent future incidents.
Key Facts
- Defendant: Jay Hamburg, President of Metro Shop Supplies
- Location: Denver, Colorado
- Year: 1987 (Case originated in 1986)
- Statutes Violated: 18 U.S.C. 1001, 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 9603(b)
- Hazardous Waste: Used paint solvents (acetone, methyl ethyl ketone, toluene, xylene, N-butyl acetate)
- Penalties: 24 months probation, community service (120-200 hours), fines ($500-$2,000), hazardous waste course.
Source: EPA ECHO Enforcement Case Database
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