Salem, OR – Roger Wayne Evans, along with Surgichrome, Inc., were sentenced to probation, community service, and substantial financial penalties after pleading guilty to illegally disposing of hazardous waste, contaminating a neighbor’s well water. The case, stemming from a 1995 investigation by the Oregon Department of Environmental Quality (DEQ), reveals a pattern of negligence and disregard for environmental regulations that impacted a local resident and necessitated a costly cleanup.
The initial trigger for the investigation was a complaint from a neighbor of the Surgichrome facility. The resident, struggling to sell their property, discovered in August 1990 that their well water contained dangerous levels of chromium. Subsequent testing confirmed the contamination persisted, directly impacting the property’s value and potentially the health of those relying on the water source. The DEQ traced the contamination back to Surgichrome, Inc., pinpointing a leak in the secondary containment system surrounding the company’s chromium storage tanks.
Investigators determined the chromium had infiltrated the groundwater due to hydrostatic pressure, effectively spreading the hazardous waste beyond Surgichrome’s property line. Crucially, Surgichrome was reportedly *aware* of the initial 1990 test results indicating the contamination, yet failed to take adequate steps to address the issue or prevent further spread. This inaction compounded the severity of the offense and led to the criminal charges filed in March of 1995.
Legal Ramifications
Evans and Surgichrome were charged with two counts of unlawful disposal, storage, or treatment of hazardous waste in the first degree, a violation of Oregon Revised Statutes section 468.926. On April 6, 1995, both the company and Evans entered guilty pleas. The sentencing included a 60-month probation period, requiring both parties to complete 100 hours of community service. Furthermore, a significant financial burden was imposed: $30,000 in restitution was ordered to be paid to the affected neighbor to compensate for the devaluation of their property and associated costs.
Ongoing Financial Responsibility
The penalties didn’t stop there. The court also mandated ongoing payments to the Oregon DEQ. Evans and Surgichrome were ordered to pay $3,000 per month, *plus* 40% of the company’s excess cash flow each quarter. This financial obligation continued until the completion of the site cleanup as outlined in a separate “Order on Consent” agreement between the DEQ and Surgichrome, highlighting the long-term cost associated with environmental crimes.
Key Facts
- Defendant: Roger Wayne Evans & Surgichrome, Inc.
- Location: Oregon
- Year: 1995
- Statute Violated: Oregon Revised Statutes 468.926 – Unlawful disposal, storage, or treatment of hazardous waste in the first degree.
- Contaminant: Chromium
- Victim: Neighboring property owner with contaminated well water
- Penalties: 60 months probation, 100 hours community service, $30,000 restitution, $3,000/month to DEQ + 40% of excess cash flow until cleanup completion.
This case serves as a stark reminder of the serious consequences associated with improper hazardous waste management and the importance of swift action to mitigate environmental damage. The long-term financial penalties imposed on Evans and Surgichrome underscore the lasting costs of environmental negligence and the DEQ’s commitment to holding polluters accountable.
Source: EPA ECHO Enforcement Case Database
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