Strasburg, CO – Former automotive body shop owner Mark Everett Waite was sentenced to probation and ordered to pay restitution after admitting to illegally storing hazardous waste at his residence and attempting to mislead authorities. The case, stemming from a 2005 investigation, highlights the dangers of improper hazardous material disposal and the potential for environmental and public health risks.
According to court documents, Waite, who operated an automotive body and repair shop, moved at least twelve 55-gallon drums containing paint thinner generated from his business to his property in Strasburg, Colorado. Instead of properly disposing of the waste, Waite allegedly relocated the drums, initially claiming to authorities that they had been removed and treated. However, investigators discovered the drums were simply moved into the garage attached to his residence, and an additional four drums were found on another property owned by Waite.
The illicit storage practice allowed the volatile contents of the drums to evaporate, creating a potential air quality hazard and raising concerns about soil and water contamination. Authorities were alerted to the situation and initiated an investigation which revealed Waite’s deceptive statements regarding the disposal of the hazardous waste. The deliberate relocation of the drums, coupled with the false claim of proper treatment, led to additional charges.
Legal Ramifications
On November 4, 2005, Waite was formally charged with one count of violating the Colorado Hazardous Waste Act, specifically C.R.S. 25-15-310, which prohibits the storage of hazardous waste without the necessary permits. He was also charged with attempting to influence public servants, a violation of C.R.S. 18-8-306, due to his false statements to investigators. These charges carry significant penalties, including potential jail time and substantial fines.
Plea and Sentencing
On April 17, 2006, Waite entered a guilty plea to the charge of violating the Colorado Hazardous Waste Act. As part of the plea agreement, the charge of attempting to influence public servants was dropped. Adams County Court sentenced Waite to 12 months of probation and ordered him to pay $138 in restitution. Of that amount, $50 was directed to the Colorado Victim Compensation Fund, providing financial assistance to victims of crime.
Environmental Concerns & Future Implications
While the immediate threat posed by the evaporating paint thinner has been addressed with the removal of the drums, this case serves as a stark reminder of the importance of responsible hazardous waste management. The EPA and state environmental agencies continue to prioritize enforcement actions against individuals and businesses who attempt to circumvent environmental regulations, aiming to protect both public health and the environment. Further investigation into potential soil or water contamination at the properties involved is ongoing.
Key Facts
- Defendant: Mark Everett Waite
- Location: Strasburg, Colorado
- Crime: Illegal storage of hazardous waste and attempting to influence public servants.
- Statutes Violated: C.R.S. 25-15-310 (Colorado Hazardous Waste Act), C.R.S. 18-8-306 (Attempt to Influence Public Servants)
- Penalty: 12 months probation, $138 restitution ($50 to Victim Compensation Fund)
- Hazardous Material: Approximately 16 drums of paint thinner
Source: EPA ECHO Enforcement Case Database
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