San Marcos, CA – Warren Van Dam, former Chief Operating Officer of Diamond Environmental Services, a portable toilet servicing company, avoided prison time but received five years’ probation and 250 hours of community service for his role in a multi-year scheme to illegally dump waste into municipal sewer systems across Southern California. The case, brought to light by a federal investigation, revealed a calculated effort by Diamond Environmental to skirt disposal fees and gain an unfair economic advantage over competitors.
Between 2012 and 2016, Diamond Environmental executives directed drivers to bypass designated waste disposal facilities, instead illegally emptying portable toilet contents directly into city sewer systems. This practice allowed the company to avoid substantial fees routinely paid by legitimate waste management businesses, amassing an estimated $2.2 million in illicit profits. The scheme was ultimately uncovered through investigation and testimony, leading to criminal charges against multiple individuals and the company itself.
Executives Face Justice
Arie Eric De Jong III, the owner of Diamond Environmental Services, received a five-month federal prison sentence for his central role in the illegal dumping operation. In addition to Van Dam’s probation and community service, Ronald Fabor, the company’s Safety and Compliance Manager, was convicted on two counts of perjury for providing false testimony to a grand jury regarding the dumping. Fabor was sentenced to 60 months of probation. The coordinated sentencing reflects the severity of the crimes and the attempt to obstruct the investigation.
Financial Penalties and Restitution
The financial repercussions for the illegal activity are substantial. The court ordered the three defendants to collectively pay a $2.64 million fine and $2.25 million in restitution to five different sanitation agencies impacted by the illegal dumping. Diamond Environmental Services itself was sentenced to five years’ probation and forfeited the $2.2 million in profits gained through the fraudulent practice. The restitution aims to cover the costs incurred by the affected municipalities in dealing with the improperly disposed waste.
Legal Violations
The case centered on violations of several federal statutes. Warren Van Dam and other Diamond Environmental executives were charged under Title 18 U.S. Criminal Code, specifically 42 U.S.C. 7413(c)(4), which addresses the unlawful disposal of pollutants. Additionally, prosecutors brought charges of 18 U.S.C. 1341 (mail fraud) and 18 U.S.C. 1621 (false statements to federal investigators) to encompass the broader scope of the criminal activity and attempts to conceal it. The prosecution successfully argued that the illegal dumping constituted a deliberate and harmful act impacting public health and infrastructure.
Key Facts
- Defendant: Warren Van Dam, Diamond Environmental Services
- Crime: Illegal dumping of portable toilet waste into municipal sewer systems.
- Location: Southern California
- Years Active: 2012-2016
- Illicit Profits: $2.2 million
- Penalties: $2.64 million fine, $2.25 million in restitution, 5 years probation for Van Dam, 5 months prison for De Jong, 60 months probation for Fabor, company probation and forfeiture of profits.
- Statutes Violated: 42 U.S.C. 7413(c)(4), 18 U.S.C. 1341, 18 U.S.C. 1621
This case serves as a stark reminder that environmental regulations are not merely suggestions but legally binding requirements. The prosecution of Diamond Environmental and its executives demonstrates the commitment of federal authorities to holding companies and individuals accountable for prioritizing profit over environmental responsibility and public safety.
Source: EPA ECHO Enforcement Case Database
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