Denver, CO – Leigh Industries, a custom fiberglass and plastic molding company, and its Denver facility president, have been penalized for the illegal disposal of hazardous waste and failure to report a release of toxic substances, according to court documents unsealed this week. The case, originating in 1987, highlights a pattern of environmental violations that led to both corporate and individual accountability.
The Environmental Protection Agency (EPA) brought charges against Leigh-Denver, a subsidiary of Ohio-based Leigh Industries, Inc., and its president, identified as Demshar, in April 1987. Initial charges focused on the unlawful dumping of barrels containing toxic and corrosive hazardous wastes at an unpermitted facility in Denver. Investigators discovered evidence indicating a deliberate disregard for proper waste disposal protocols, posing a significant risk to both the environment and public health.
The investigation quickly expanded to include a failure to notify authorities of the hazardous substance release, a key requirement under federal law. In July 1987, a superseding information document was filed, adding two counts under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. Demshar subsequently pled guilty to both counts related to the failure to notify. Leigh-Denver itself entered a guilty plea to one count of violating the Resource Conservation and Recovery Act (RCRA) concerning the improper disposal of hazardous waste.
Legal Ramifications
The violations fall under 42 U.S.C. 6928(d)(2)(A), pertaining to the disposal of hazardous waste at unpermitted facilities under RCRA, and 42 U.S.C. 9603(b), addressing the failure to report releases of hazardous substances under CERCLA. While the financial penalties appear minimal by today’s standards, the case established a precedent for holding corporate officers personally accountable for environmental crimes.
Sentencing and Aftermath
In August 1987, Leigh-Denver received a symbolic sentence of a $200 special assessment coupled with a $1.00 fine. Demshar, however, faced a more substantial $10,000 fine for his role in the violations. While the financial repercussions were relatively low, the conviction carries lasting implications for the company’s reputation and potential future regulatory scrutiny. The EPA has not released details regarding any remediation efforts undertaken at the Denver facility following the discovery of the illegal dumping.
Key Facts
- Defendant: Leigh Industries (Leigh-Denver facility) and Demshar (President)
- Location: Denver, Colorado
- Year: 1987
- Violations: Illegal disposal of hazardous waste (RCRA) and failure to report hazardous substance release (CERCLA)
- Statutes Violated: 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 9603(b)
- Penalties: $201 fine for Leigh-Denver, $10,000 fine for Demshar
- The dumped waste was described as toxic and corrosive.
GrimyTimes will continue to follow this case for any further developments or potential long-term environmental impacts.
Source: EPA ECHO Enforcement Case Database
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