Summary of Criminal Prosecutions
FISCAL YEAR: 2008
1. PRINCIPAL DEFENDANT: David Enriquez Ortiz
D. Colorado 1:03-CR-00113-RPM-01
D. Colorado 1:03-CR-00113-RPM-01
Ortiz was the plant manager for Chemical Specialties, a company that distills and recycles propylene glycol, an aircraft de-icing chemical.
The defendant violated of the Clean Water Act by illegally discharging de-icing chemicals into the Colorado River.
Ortiz was the sole employee of Chemical Specialist, Inc. (CSI) and was responsible for the daily distillation of propylene glycol. CSI was a propylene glycol recycling facility which operated in Grand Junction, Colorado. CSI was a zero discharge facility and therefore, was not permitted to discharge any industrial waste into the city's sewer system. Employees of the City of Grand Junction's pretreatment program investigated a suspicious discharge from a storm drain into the Colorado River. One of the facilities located near the storm drain was CSI. Subsequently, city employees asked Ortiz about his disposal of the facility's waste water. Ortiz stated that the waste water was transported to another facility. After further investigation, city employees traced the discharge from the river up to the storm drain to CSI and discovered that the plumbing from CSI's bathroom was connected to the storm drain.
Ortiz was the sole employee of Chemical Specialist, Inc. (CSI) and was responsible for the daily distillation of propylene glycol. CSI was a propylene glycol recycling facility which operated in Grand Junction, Colorado. CSI was a zero discharge facility and therefore, was not permitted to discharge any industrial waste into the city's sewer system. Employees of the City of Grand Junction's pretreatment program investigated a suspicious discharge from a storm drain into the Colorado River. One of the facilities located near the storm drain was CSI. Subsequently, city employees asked Ortiz about his disposal of the facility's waste water. Ortiz stated that the waste water was transported to another facility. After further investigation, city employees traced the discharge from the river up to the storm drain to CSI and discovered that the plumbing from CSI's bathroom was connected to the storm drain.
September 9, 2003
Ortiz was charged in a two count Superseded Indictment with violating the CWA {33 U.S.C. 1319(c)(1)(A) - negligently violates; 33 U.S.C. 1319(c)(2)(A) - knowingly violates}.
CITATION: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A)
October 15, 2003
Ortiz was convicted on both counts by a jury.
He was sentenced to 12 months incarceration and ordered to pay a $2,000 federal fine. Ortiz was released under the conditions of supervised release pending the outcome of the appeals process. Prior to Ortiz's appeal he failed to comply with the conditions of his supervised release and a federal warrant was issued for his arrest as of October 28, 2004. Ortiz's appeal was denied by the U.S. 10th Circuit Court of Appeals, and the government appealed both the sentence imposed by the U.S. District Court and the dismissal of Count 1 of the jury conviction. The government received favorable rulings by the U.S. 10th Circuit Court of Appeals.
April 28, 2004
The court granted a post verdict motion for acquittal and sentenced Ortiz to 12 months incarceration and ordered him to pay a $2,000 fine.
The sentence was appealed.
November 23, 2005
The Tenth Circuit Court of Appeals reversed the judgment and remanded for re-sentencing. Ortiz could not be found and was determined to be a fugitive and an arrest warrant was issued.
May 30, 2008
In 2008, David Ortiz was arrested in Adams County, Colorado for driving with a suspended license and driving under the influence. Ortiz spent several months in the Adams County Jail as a result of the conviction on these charges.
In March of 2008, the Adams County Jail contacted the U.S. Marshall's office that previously placed a federal hold on David E. Ortiz for a failure to report to the U.S. Probation Office.
Ortiz was re-sentenced in U.S. District Court. Ortiz received: 12 months on Count One; 24 months on Count Two (concurrent); 1 year Supervised Release; and was ordered to pay a $2,000 fine.
STATUTE:
- Clean Water Act (CWA)