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FISCAL YEAR: 2000
1. PRINCIPAL DEFENDANT: Ralph Dearden
S.D. Florida 99-34-CR-SEITZ
S.D. Florida 99-34-CR-SEITZ
2. DEFENDANT: Brian Schneider
S.D. Florida 99-34-CR-SEITZ
S.D. Florida 99-34-CR-SEITZ
3. DEFENDANT: German Delgado
S.D. Florida 99-34-CR-SEITZ
S.D. Florida 99-34-CR-SEITZ
Dearden was the owner of D&B Paint Manufacturing, Inc. and Flo-Rite Coating and Chemical Company, which are inactive corporations. He leased his warehouse located in Fort Lauderdale, Florida, to Schneider, who owned API Marine. At the time of the lease, the warehouse was completely filled with more than one-hundred 55 gallon drums of hazardous waste. They hired a man to dispose of the waste, who was assisted by another individual, transported the waste to a property where Delgado was residing. Delgado directed the dumping of the hazardous waste on land adjacent to where he was living, located about 700 feet from the Everglades National Park. In exchange for providing the dump site, Delgado received an $800 citizens band radio. The drums were found by officers of the Florida Marine Patrol. The drums were sampled and found to contain a RCRA regulated waste because it exhibited the characteristic of ignitability, as well as being a listed hazardous waste for lead, mercury, benzene, methlyethylketone and other toxic substances.
January 14, 1999
Dearden was indicted on one count of conspiracy, a violation of 18 U.S.C. 371; two counts of violating RCRA {42 U.S.C. 6928(d)(2)(A) - knowingly treats, stores or disposes of a hazardous waste ... without a permit}. Schnieder and Delgado were indicted on one count each of violating RCRA {42 U.S.C. 6928(d)(2)(A) - knowingly treats, stores or disposes of a hazardous waste ... without a permit) and conspiracy.
CITATION: 18 U.S.C. 371, 42 U.S.C. 6928(e)
April 29, 1999
Schneider pled guilty to the conspiracy count and with his guilty pled the RCRA charge was dismissed.
August 2, 1999
Dearden was convicted on all counts of conspiracy and violating RCRA.
October 13, 1999
Delgado was convicted on the one count of conspiracy, but was acquitted on the RCRA violation count.
May 12, 2000
Schneider was sentenced to 60 months probation and ordered to pay $2,500 in restitution to the Dade County Environmental Resources Management (DERM).
August 18, 2000
Dearden was sentenced to 24 months incarceration, 36 months probation, ordered to pay $100,000 in restitution to ERM and to pay a federal fine in the amount of $17,000. Delgado was sentenced to four months incarceration, 36 months probation and ordered to pay restitution in the amount of $393 to DERM.
STATUTE:
- Resource Conservation and Recovery Act (RCRA)