Portland, OR – Spencer Environmental Inc. and its founder, Donald Spencer, faced federal charges and penalties in 2008 following a years-long pattern of environmental violations at their Portland recycling and wastewater treatment facility. The case, investigated by the Environmental Protection Agency (EPA), revealed a systemic disregard for proper hazardous waste handling procedures, ultimately leading to a significant fire and waterway contamination.
According to court documents, between April 2000 and June 2003, Spencer Environmental Inc. routinely violated the Resource Conservation and Recovery Act (RCRA) at its Foster Road plant. Employees repeatedly spilled used oil, overfilled waste pits designated for oily waste, and failed to adequately clean up these spills. These negligent practices resulted in the release of used oil beyond the facility’s boundaries, including a documented spill that impacted a neighboring appliance retail business.
The EPA’s investigation highlighted Spencer’s direct control over all waste handling procedures at the facility. As president of Spencer Environmental Inc., he was demonstrably aware of the ongoing violations but failed to implement corrective actions. This negligence wasn’t merely an oversight; it created a dangerous situation that culminated in a devastating fire after the facility was sold.
In September 2007, both Spencer Environmental Inc. and Donald Spencer were charged with multiple counts of violating RCRA. Specifically, the charges included knowingly treating, storing, or disposing of hazardous waste without a permit (42 U.S.C. 6928(d)(2)(A)) and knowingly handling used oil in violation of RCRA standards (42 U.S.C. 6928(d)(7)(B)). The facility’s subsequent fire, ignited by a welding spark contacting residual used oil in a pit, rapidly spread due to the accumulated flammable materials, causing extensive damage.
The fire’s impact extended beyond the facility itself. Runoff from the blaze contaminated Johnson Creek, a tributary of the Willamette River, known to be a habitat for threatened salmonid species. This added an additional layer of environmental damage and increased the severity of the penalties levied against the defendants. Both Spencer Environmental Inc. and Donald Spencer ultimately entered guilty pleas.
In June 2008, Donald Spencer was sentenced to six months of incarceration, followed by a year of probation. Spencer Environmental Inc. was ordered to pay $150,000 in fines, with $75,000 specifically designated as community service to the Oregon Governor’s Fund for the Environment. The case serves as a stark reminder of the serious consequences associated with environmental crimes and the importance of adhering to regulations designed to protect public health and the environment.
Key Facts
- Defendant: Spencer Environmental Inc. and Donald Spencer
- Location: Portland, Oregon
- Years of Violation: April 2000 – June 2003
- Statutes Violated: 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(7)(B) – Resource Conservation and Recovery Act (RCRA)
- Penalties: Donald Spencer – 6 months incarceration, 12 months probation. Spencer Environmental Inc. – $150,000 fine ($75,000 to Oregon Governor’s Fund for the Environment)
- Environmental Impact: Release of used oil onto neighboring property and contamination of Johnson Creek, impacting threatened salmonid habitat.
Source: EPA ECHO Enforcement Case Database
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