ANCHORAGE, AK – A former Alaska businessman was sentenced to federal prison late last year for the illegal dumping of over 200,000 pounds of hazardous waste, leaving a trail of environmental and financial damage in his wake. William Duran Vizzerra Jr., once president and part-owner of Precision Pavement Markings Inc. (PPMI), pled guilty in August 2012 to violating the Resource Conservation and Recovery Act (RCRA) and was ultimately sentenced on December 21, 2012, to 15 months incarceration.
The case, investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, revealed a pattern of negligence and deliberate disregard for environmental regulations. From at least 2006 through 2009, PPMI operated out of a storage lot in Anchorage. Vizzerra allegedly used the lot to stockpile hazardous materials, including methyl methacrylate paint and toluene – a highly flammable solvent used to clean painting equipment. Instead of properly disposing of these dangerous substances, Vizzerra abandoned approximately 321 55-gallon drums, 179 five-gallon pails, and two 200-gallon totes of the waste in November 2009.
The abandonment wasn’t simply a matter of forgotten containers. A citizen’s report in November 2010 alerted the EPA to the alarming scene: hundreds of drums, many rusted, bulging, and clearly labeled as containing “waste,” “flammable liquid,” or marked simply as “flammable.” Agents discovered the drums haphazardly stacked, some two-high on a trailer and others directly on the ground, creating a significant fire hazard and potential for soil and water contamination. Investigators further uncovered that some of the hazardous materials originated from a previous pavement business owned by Vizzerra, which had dissolved years prior, suggesting a history of improper waste management.
Financial and Environmental Impact
The cleanup effort fell to the property owner, San LLC, who incurred costs totaling $380,877.60 to safely remove and dispose of the hazardous waste. Additionally, the Alaska Railroad Corporation was also impacted and was awarded $13,185 in restitution. The U.S. Attorney’s Office for the District of Alaska emphasized the serious implications of such environmental crimes, noting that Vizzerra’s actions put the entire community at risk. “We are fortunate that this dangerous situation was reported,” stated U.S. Attorney Karen L. Loeffler following the guilty plea. “The U.S. Attorney’s Office for the District of Alaska is committed to actively prosecuting environmental crimes for the protection of all Alaskans.”
Legal Ramifications
Vizzerra was charged with knowingly treating, storing, or disposing of hazardous waste without a permit, a violation of 42 U.S.C. 6928(d)(2)(A). The Resource Conservation and Recovery Act mandates that hazardous waste be disposed of only at licensed treatment, storage, and disposal facilities. Vizzerra’s actions bypassed these regulations entirely. The maximum penalties for this offense include up to five years of incarceration and a fine of $50,000 *per day* of violation. In addition to his 15-month prison sentence, Vizzerra was ordered to pay full restitution to San LLC and the Alaska Railroad Corporation.
Key Facts
- Defendant: William Duran Vizzerra Jr.
- Location: Anchorage, Alaska
- Crime: Illegal disposal of 204,750 pounds of hazardous waste.
- Waste Materials: Methyl methacrylate paint, toluene.
- Statute Violated: Resource Conservation and Recovery Act (RCRA) – 42 U.S.C. 6928(d)(2)(A)
- Sentence: 15 months incarceration, $394,062.60 in restitution.
- Cleanup Costs: $380,877.60 paid by San LLC, $13,185 to Alaska Railroad Corporation
Tyler Amon, Special Agent in Charge of EPA’s criminal enforcement program in the Northwest, underscored the agency’s commitment to prosecuting such offenses. “Adding insult to injury, he then saddled an innocent property owner and taxpayers with a total cleanup cost approaching half a million dollars,” Amon stated. “Our message in this matter is clear: if you fail to manage hazardous waste safely and responsibly, you will be investigated and prosecuted.”
Source: EPA ECHO Enforcement Case Database
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