Rocky Mountain Materials and Excavating, Pollution, CO 1986

Colorado construction firm Rocky Mountain Materials and Excavating, Inc. faced federal charges in 1986 for illegally discharging pollutants into Fountain Creek, a violation of the Clean Water Act. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of negligent waste disposal that contaminated both the creek’s banks and its adjacent floodplain.

According to court documents, the company discharged soil heavily contaminated with pentachlorophenol – a toxic chemical previously used as a wood preservative – directly onto the land surrounding Fountain Creek. This practice not only polluted the waterway itself but also posed a significant environmental risk due to potential runoff during periods of high water or flooding. The EPA’s investigation determined the discharge occurred without the required National Pollutant Discharge Elimination System (NPDES) permit, a key component of the Clean Water Act designed to regulate point source pollution.

The timeline of the case moved swiftly following the discovery of the illegal dumping. On December 23, 1985, Rocky Mountain Materials and Excavating entered a guilty plea to a single count information. The charge specifically cited the unauthorized discharge of pollutants, directly contravening the stipulations outlined in 33 U.S.C. §1311 and §1319(c)(1) of the Clean Water Act. This section of the Act prohibits the discharge of pollutants from any point source without a valid permit.

The severity of the pollution and the company’s lack of compliance prompted federal prosecutors to pursue penalties beyond simple remediation. While the long-term environmental impact of the pentachlorophenol contamination remains a concern, the immediate legal consequences for Rocky Mountain Materials and Excavating were delivered on February 13, 1986. The company was sentenced to a $10,000 fine, intended to serve as both a punitive measure and a deterrent to future violations. An additional $100 assessment was levied, directed towards the Crime Victim’s Fund.

Environmental advocacy groups at the time criticized the penalty as insufficient, arguing that the fine did not adequately reflect the potential damage caused by the toxic discharge. However, the EPA maintained that the prosecution served as an important signal that environmental crimes would be taken seriously. The case highlights the ongoing challenges faced by regulatory agencies in balancing enforcement with the economic realities of industrial operations.

The incident serves as a stark reminder of the importance of adhering to environmental regulations and the potentially devastating consequences of non-compliance. While the legal ramifications for Rocky Mountain Materials and Excavating were relatively limited by today’s standards, the case contributed to a growing body of legal precedent surrounding Clean Water Act enforcement.

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Key Facts

Defendant: Rocky Mountain Materials and Excavating, Inc.
Location: Fountain Creek, Colorado
Year: 1986
Crime: Illegal discharge of pollutants (pentachlorophenol) without an NPDES permit.
Statutes Violated: 33 U.S.C. §1311, 33 U.S.C. §1319(c)(1)
Penalty: $10,000 fine + $100 assessment to the Crime Victim’s Fund
Note: Pentachlorophenol is a highly toxic chemical previously used as a wood preservative.

Source: EPA ECHO Enforcement Case Database

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