Portland, OR – Randy Propper, former shop manager at TFC Plating, has been sentenced to a $2,500 fine and three years of probation for a negligent discharge of wastewater into the sewer system, a violation of the Clean Water Act. The case, originating from events in 2017 and 2018, reveals a pattern of deliberate environmental misconduct and fraudulent practices at the metal-plating facility.
TFC Plating, authorized as a Categorical Industrial User, was permitted to discharge rinse water from its metal-plating operations – a process used to coat items with metal alloys for corrosion resistance – only after proper filtration and treatment. However, in August 2018, Propper directed employees to bypass these crucial treatment steps, instead discharging untreated rinse water directly into the municipal sewer system. This action constituted a clear violation of established environmental regulations designed to protect water quality.
The scheme extended beyond improper discharge. TFC also generated hazardous waste in the form of electroless nickel and nickel strip during operations. In May 2017, company owner Kenneth Johnson engaged in a calculated effort to reduce disposal costs. He solicited bids from two waste disposal companies, WasteXpress and Univar, for the removal of 84 drums of wastewater. WasteXpress, after analyzing samples, determined the drums contained significant levels of chromium, necessitating costly hazardous waste handling, and quoted a price of $39,937.
Johnson then sought a bid from Univar, but this time provided falsified paperwork certifying the waste as non-hazardous. Univar, relying on Johnson’s deceptive documentation without independent sampling, submitted a significantly lower bid of $7,876, which Johnson promptly accepted. The drums were subsequently transported to a disposal facility in Idaho and disposed of as non-hazardous waste, potentially exposing the environment and public health to dangerous contaminants.
Federal prosecutors successfully argued that Propper’s actions, combined with Johnson’s fraudulent misrepresentations, demonstrated a reckless disregard for environmental regulations and a deliberate attempt to circumvent the law for financial gain. Johnson and TFC Plating previously pleaded guilty to violating the Resource Conservation and Recovery Act for making false statements. They were sentenced to pay $22,640 in fines, with the company receiving a one-year probation and Johnson a five-year probation period, in addition to 100 hours of community service.
Propper’s sentencing marks the latest chapter in this case, underscoring the EPA’s commitment to pursuing criminal enforcement actions against individuals and companies who prioritize profit over environmental compliance. The incident highlights the importance of rigorous waste characterization and the potential consequences of relying on unverified information when handling hazardous materials. The case serves as a stark warning to other industrial facilities: cutting corners on environmental protection will not go unnoticed.
Key Facts
- Defendant: Randy Propper
- Location: Portland, Oregon (facility), Colorado (case brought)
- Statutes Violated: 33 U.S.C. §§ 1317(d), 33 U.S.C. §§ 1319(c)(1) (Clean Water Act)
- Penalties: $2,500 fine, three years probation
- Co-Defendant: Kenneth Johnson (TFC Plating owner) – previously sentenced
- Fraudulent Activity: Misrepresentation of hazardous waste as non-hazardous to reduce disposal costs.
- Improper Disposal: Untreated rinse water discharged directly into sewer system.
Source: EPA ECHO Enforcement Case Database
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