Summary of Criminal Prosecutions
FISCAL YEAR: 2013
1. PRINCIPAL DEFENDANT: Asgard Associates, LLC
S.D. California 12-CR-2905-L
S.D. California 12-CR-2905-L
According to court records and admissions during the guilty plea, between January 26, 2010, and March 18, 2010, Asgard Associates knew that numerous containers of chemicals were stored at the Roselle
Street laboratory in lieu of disposal. Among other things, the company acknowledged it was aware that some of the chemicals stored (without a permit) had the potential to pose a substantial risk to human health
and the environment. Nonetheless, the company refused to provide funds for the disposal of these hazardous chemicals.
Due to the company's failure to properly dispose of these hazardous chemicals, on May 6, 2010 and June 10, 2010, San Diego County Department of Environmental Health Services ("DEH") personnel conducted inspections and sampling of the chemicals. These tests led the U.S. Environmental Protection Agency ("EPA") to conduct clean-up operations at the Roselle laboratory (under the authority of Superfund) in August 2010. According to the EPA, the laboratory contained over 2,500 containers of chemicals (many of them unlabeled), requiring the agency to spend over $167,000 to properly clean-up the site. Some of the chemicals stored at the Roselle laboratory, in the form in which they were stored, were federally regulated hazardous wastes. These chemicals had to be "detonated" by the EPA and the San Diego Fire Department Bomb Squad, as they were too unstable to safely transport.
Due to the company's failure to properly dispose of these hazardous chemicals, on May 6, 2010 and June 10, 2010, San Diego County Department of Environmental Health Services ("DEH") personnel conducted inspections and sampling of the chemicals. These tests led the U.S. Environmental Protection Agency ("EPA") to conduct clean-up operations at the Roselle laboratory (under the authority of Superfund) in August 2010. According to the EPA, the laboratory contained over 2,500 containers of chemicals (many of them unlabeled), requiring the agency to spend over $167,000 to properly clean-up the site. Some of the chemicals stored at the Roselle laboratory, in the form in which they were stored, were federally regulated hazardous wastes. These chemicals had to be "detonated" by the EPA and the San Diego Fire Department Bomb Squad, as they were too unstable to safely transport.
July 18, 2012
Asgard was charged with violating RCRA {42 U.S.C. 6928(d)(2)(A) - knowingly treats, stores or disposes of any hazardous waste ... without a permit}.
Asgard pled guilty to the charge.
CITATION: 42 U.S.C. 6928(e)
Press Release
SOUTHERN DISTRICT OF CALIFORNIA
FOR IMMEDIATE RELEASE
July 18, 2012
ASGARD ASSOCIATES PLEADS GUILTY TO ILLEGALLY STORING THOUSANDS OF CONTAINERS OF HAZARDOUS CHEMICALS
United States Attorney Laura E. Duffy announced that Asgard Associates, LLC, a Delaware corporation, entered a guilty plea today to unlawfully storing hazardous waste before United States Magistrate Judge David H. Bartick. In pleading guilty, the defendant admitted responsibility for maintaining chemicals and biological agents posing a threat of imminent and identifiable harm to the public health and safety in a laboratory located in San Diego. According to court documents, between January 26, 2010 and March 18, 2010, Asgard Associates knew that numerous containers of chemicals were stored at its Roselle Street laboratory in lieu of disposal. Among other things, the company acknowledged that it was aware that some of the chemicals (stored 2 without a permit) had the potential to pose a substantial risk to human health and the environment. Nevertheless, the company acknowledged that it refused to provide funds for the disposal of these hazardous chemicals. Due to the company=s failure to properly dispose of the chemicals, the San Diego County Department of Environmental Health Services ("DEH"), on May 6, 2010 and June 10, 2010, incurred $8,693.00 in costs when conducting inspections and sampling of the chemicals. On August 13, 2010, the U.S. Environmental Protection Agency ("EPA") conducted a clean-up (under the authority of Superfund), which included over 2,500 containers of hazardous chemicals. The direct costs of the clean-up to EPA were $167,718.68. Some of the hazardous wastes stored at the Roselle laboratory included trimethyl Orthofomate, Propylene Oxide, Benzoyl Peroxide, Diethyl Ether, 1 1 Azobis (cycloherxane carbonitrile), 1 hydroxybenzotriazole hydrate, phenyllithium, tert-butyllithium, 2 2 Azobisisobutyonitrilie sodium chlorate, potassium borohydride, calcium hydride, aluminum powder, potassium chlorate, lithium diisopropylamide in tetrahydrafuran, perchloric acid, diisobutylaluminum hydride in dichloromethane, 1 3 butadiene, sodium hydrosulfite, iodotrimethylsilane, dimethylaminiosulfur triflouride and isolpropyl dithioglactopyranoside. These chemicals had to be Adetonated@ by the EPA and the San Diego Fire Department Bomb Squad as they were too unstable for safe transport. In its felony plea, Asgard Associates agreed to repay the costs incurred by the EPA and DEH, and further agreed that an employee, Michael Conrad, will perform 240 hours of community service. The plea is subject to final acceptance by United States District Court Judge M. James Lorenz. Sentencing is scheduled for September 17, 2012, at 8:30 a.m. before Judge Lorenz. DEFENDANT Criminal Case No. 12cr2905-L Asgard Associates, LLC Date of Incorporation: 2006 3 SUMMARY OF CHARGES Unlawful Storage of Hazardous Waste, in violation of Title 42, United States Code, Section 6928(d)(2)(A). Maximum Penalty (for corporation): a fine of up to $50,000 per day of violation, a term of up to five years of probation, a $400 penalty assessment and restitution INVESTIGATIVE AGENCIES U.S. Environmental Protection Agency, Criminal Investigations Division Federal Bureau of Investigation San Diego County Department of Environmental Services, Hazardous Materials Management Division
December 3, 2012
Asgard was sentenced to 36 months probation and ordered to pay $176,412 in restitution for the cost of the cleanup, to the U.S. EPA and the San Diego County Department of Environment.
OFFICE OF THE UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF CALIFORNIA For Immediate Release
December 3, 2012 CORPORATION SENTENCED FOR ILLEGALLY STORING HAZARDOUS WASTE United States Attorney Laura E. Duffy announced that Asgard Associates, LLC, a Delaware corporation that previously maintained a laboratory on Roselle Street in San Diego, was sentenced to three years of probation and ordered to pay clean-up costs of $175,000 for unlawfully storing hazardous waste at the Sorrento Valley facility. In July 2012, Asgard Associates pled guilty to a felony environmental crime because of its storage at the site of chemicals and biological agents that posed a threat of imminent and identifiable harm to the public health and safety. According to court records and admissions during the guilty plea, between January 26, 2010, and March 18, 2010, Asgard Associates knew that numerous containers of chemicals were stored at the Roselle Street laboratory in lieu of disposal. Among other things, the company acknowledged it was aware that some of the chemicals stored (without a permit) had the potential to pose a substantial risk to human health and the environment. Nonetheless, the company refused to provide funds for the disposal of these hazardous chemicals. Due to the company's failure to properly dispose of these hazardous chemicals, on May 6, 2010 and June 10, 2010, San Diego County Department of Environmental Health Services ("DEH") personnel conducted inspections and sampling of the chemicals. These tests led the U.S. Environmental Protection Agency ("EPA") to conduct clean-up operations at the Roselle laboratory (under the authority of Superfund) in August 2010. According to the EPA, the laboratory contained over 2,500 containers of chemicals (many of them unlabeled), requiring the agency to spend over $167,000 to properly clean-up the site. Some of the chemicals stored at the Roselle laboratory, in the form in which they were stored, were federally regulated hazardous wastes. These chemicals had to be "detonated" by the EPA and the San Diego Fire Department Bomb Squad, as they were too unstable to safely transport. United States District Judge M. James Lorenz ordered Asgard Associates to repay the costs incurred by the EPA and DEH, and ordered, as a condition of the three-year term of probation, that its employee, Michael Conrad, perform 240 hours of community service. DEFENDANT Criminal Case No. 12cr2905-L
Asgard Associates, LLC Date of Incorporation: 2006 SUMMARY OF CHARGE
Unlawful Storage of Hazardous Waste, in violation of Title 42, United States Code, Section 6928(d)(2)(A). INVESTIGATING AGENCIES
U.S. Environmental Protection Agency, Criminal Investigations Division Federal Bureau of Investigation San Diego County Department of Environmental Services, Hazardous Materials Management Division
SOUTHERN DISTRICT OF CALIFORNIA For Immediate Release
December 3, 2012 CORPORATION SENTENCED FOR ILLEGALLY STORING HAZARDOUS WASTE United States Attorney Laura E. Duffy announced that Asgard Associates, LLC, a Delaware corporation that previously maintained a laboratory on Roselle Street in San Diego, was sentenced to three years of probation and ordered to pay clean-up costs of $175,000 for unlawfully storing hazardous waste at the Sorrento Valley facility. In July 2012, Asgard Associates pled guilty to a felony environmental crime because of its storage at the site of chemicals and biological agents that posed a threat of imminent and identifiable harm to the public health and safety. According to court records and admissions during the guilty plea, between January 26, 2010, and March 18, 2010, Asgard Associates knew that numerous containers of chemicals were stored at the Roselle Street laboratory in lieu of disposal. Among other things, the company acknowledged it was aware that some of the chemicals stored (without a permit) had the potential to pose a substantial risk to human health and the environment. Nonetheless, the company refused to provide funds for the disposal of these hazardous chemicals. Due to the company's failure to properly dispose of these hazardous chemicals, on May 6, 2010 and June 10, 2010, San Diego County Department of Environmental Health Services ("DEH") personnel conducted inspections and sampling of the chemicals. These tests led the U.S. Environmental Protection Agency ("EPA") to conduct clean-up operations at the Roselle laboratory (under the authority of Superfund) in August 2010. According to the EPA, the laboratory contained over 2,500 containers of chemicals (many of them unlabeled), requiring the agency to spend over $167,000 to properly clean-up the site. Some of the chemicals stored at the Roselle laboratory, in the form in which they were stored, were federally regulated hazardous wastes. These chemicals had to be "detonated" by the EPA and the San Diego Fire Department Bomb Squad, as they were too unstable to safely transport. United States District Judge M. James Lorenz ordered Asgard Associates to repay the costs incurred by the EPA and DEH, and ordered, as a condition of the three-year term of probation, that its employee, Michael Conrad, perform 240 hours of community service. DEFENDANT Criminal Case No. 12cr2905-L
Asgard Associates, LLC Date of Incorporation: 2006 SUMMARY OF CHARGE
Unlawful Storage of Hazardous Waste, in violation of Title 42, United States Code, Section 6928(d)(2)(A). INVESTIGATING AGENCIES
U.S. Environmental Protection Agency, Criminal Investigations Division Federal Bureau of Investigation San Diego County Department of Environmental Services, Hazardous Materials Management Division
STATUTE:
- Resource Conservation and Recovery Act (RCRA)