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Krister Evertson, Hazardous Material Transportation Act Violation, Idaho 2006

Boise, ID – Krister Evertson was sentenced in 2007 following a federal conviction for illegally transporting and storing hazardous materials, putting both public safety and the environment at risk. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed a reckless scheme involving the purchase, improper handling, and shipment of highly reactive sodium metal.

Evertson, operating from Idaho, acquired ten metric tons of sodium metal from China with the intention of manufacturing sodium borohydride. However, his production process proved unsuccessful, leaving him with a large quantity of unsold, and dangerously stored, material. Instead of safely disposing of the hazardous substance, Evertson began selling the sodium metal online to customers across the United States. Critically, he failed to adhere to any safety protocols for packaging and transporting such a volatile material, specifically by commercial aircraft.

The EPA investigation uncovered that Evertson shipped the sodium metal without proper containment, violating federal regulations designed to prevent catastrophic incidents during air travel. Sodium metal reacts violently with water, posing a significant fire and explosion hazard. Had a package been damaged during transit, or come into contact with moisture, the consequences could have been devastating. The investigation further revealed that the remaining sodium was being stored improperly at the Steel and Ranch Supply facility in Idaho, leading to contamination and necessitating a costly Superfund cleanup.

Legal Ramifications & Cleanup Costs

Evertson was initially indicted on September 26, 2006, facing one count of violating the Hazardous Material Transportation Act (HMTA) – specifically 49 U.S.C. 5124 – and two counts of violating the Resource Conservation and Recovery Act (RCRA) under 42 U.S.C. 6928(d)(2)(A). These charges stemmed from his unauthorized transportation of hazardous materials and illegal storage and disposal of hazardous waste without a permit.

Following a trial, Evertson was convicted on all counts on June 18, 2007. On October 22, 2007, he received a 21-month prison sentence, followed by a 36-month probation period. In addition to incarceration, Evertson was ordered to pay a $300 special assessment fee and a substantial restitution of $421,049 to the EPA’s Superfund Emergency Response Unit. This restitution covered the significant expenses incurred during the cleanup of the Steel and Ranch Supply facility, which was contaminated by the improperly stored sodium metal and associated hazardous waste.

Key Facts

  • Defendant: Krister Evertson
  • State: Idaho
  • Year: 2008 (Conviction & Sentencing)
  • Laws Violated: 42 U.S.C. 6928(d)(2)(A) (RCRA), 49 U.S.C. 5124 (HMTA)
  • Hazardous Material: 10 metric tons of sodium metal
  • Restitution: $421,049 to the EPA Superfund Emergency Response Unit
  • Sentence: 21 months incarceration, 36 months probation

The case serves as a stark reminder of the critical importance of adhering to regulations governing the handling and transportation of hazardous materials. The EPA continues to prioritize enforcement actions against individuals and companies who knowingly endanger public safety and the environment through negligent or illegal practices. This incident underscores the potential for widespread harm when hazardous materials are mishandled, and the financial burden placed on taxpayers to remediate the resulting contamination.


Source: EPA ECHO Enforcement Case Database

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