1. People of the State of Colorado v. Thoro Products Co., Inc. And
Richard Ernest Newman, Jr.
Jefferson County District Court
Case No. 97CR1915 & 97CR1916

2. PROSECUTED BY Dennis Hall, Deputy District Attorney
Jefferson County District Attorney’s Office
Eric Nelson,
EPA Attorney
Office of Criminal Enforcement, Forensics, and Training

3. Investigated By
Jeff Martinez
EPA-CID
And
Robert Kalutkiewicz
OAG-SPU

4. HOW DID THE INVESTIGATION BEGIN?

5. June 1996
Contacted by Tim Gablehouse of the Law Firm of Gablehouse & Epel
Represents Mathews/Vintage Sales/Mark VII;
Business next door at 5889 Lamar Street in lawsuit against Thoro et al
Concerns from sworn statements of former Thoro employees
regarding possible criminal acts by Thoro and Thoro management
relating to contamination

6. TWINS INN INVESTIGATION Contacted Joyce Ackerman,
July 1996
TWINS INN INVESTIGATION
Contacted Joyce Ackerman,
On Scene Coordinator,
EPA Region VIII

7. May 1995
Conducted site investigation concerning old Sheridan landfill: Sheridan Dump Site at I-76 and Sheridan Blvd.
Inspection included testing of drinking well known to be upgradient from the Sheridan Dump Site that served one residence located at 5607 North Sheridan Blvd., and the Twins Inn Bar located at 5201 W. 56th Avenue.

8. May 17, 1995 SAMPLING RESULTS Drinking Water Heavily Contaminated
TCE (450 ppb) (MCL 5 ppb) 90 times the MCL
PCE (120 ppb) (MCL 5ppb) 24 times the MCL
Also 1,1,1-TCA found above MCL

9. Emergency Response Needed Due To:
Contaminated drinking well dangerous to life
and health
EPA immediately supplied bottled water to
Twins Inn and residences

10. INVESTIGATION INTO SOURCE OF CONTAMINATION
Geoprobe - Core Sampler of Soils and Groundwater
Solvent Plume tracked NW, upgradient from drinking well
Concentrations higher to NW until Plume reaches Thoro

11. Solvent Plume

12. Thoro Products Co., Inc.
6611 W. 58th Place
Arvada, Colorado
Land Purchased in 1958
Built in 1960

13. Purchased Rocky Flats facility, June 1982
Located At:
17300 State Hwy 72 (9091 Umber Court)
(Rocky Flats Industrial Park)

14. Company Began Operating in 1902
Incorporated in 1947: Thoro Products, Inc.
Richard Edwin Newman, Sr., President to 1989
Richard Ernest Newman, Jr., Vice-President from ; President from 1989 until Corporate Dissolution in 1997; Presently Owner of Unincorporated Company

15. (Bleach, Ammonia, Glass Cleaner, “Thoro Spot Remover”)
Products/Solvent Recycling/Dow Storage
1946 Household Cleaning Production
(Bleach, Ammonia, Glass Cleaner, “Thoro Spot Remover”)
TSD Permit
November 1985 (2) year storage permit for recycling Rocky Flats Facility
Prior to November 1987, Thoro Request for Extension
April 1990 Notice of Intent to Deny Extension
(effective 30 days after receipt by Thoro)
Facility still undergoing closure as required by permit

16. Dow Distribution Terminal Contract
Original Service Agreement July (effective August )
Dow discontinued delivery of chlorinated solvents in 1985
Final Cancellation July 1990
Contract expanded over the years to other products,
including Chlorinated Solvents and Soil Fumigant
Dow retained ownership/title of product
Dow assisted in design of construction of above ground
storage tanks, however, Thoro owned tanks

17. Dow Chemicals 1. Dow Trademark Name . . . . . . . . . . . . .Dowper
Chemical Name(s) Tetrachloroethene or Perchloroethene
or Perchloreothylene
Abbreviation PCE
2. Dow Trademark Name Neu-Tri
Chemical Name Trichloroethene or Trichloroethylene
Abbreviation TCE
3. Dow Trademark Name Chloroethene NU
Chemical Name ,1,1-Trichloroethane
Abbreviation ,1,1-TCA
4. Chemical Name Methylene Chloride (No Dow Trademark Indicated)
5. Dow Trademark Name Telone II Soil Fumigant
Chemical Name ,3-Dichloropropene

18. Review of Thoro’s Regulatory History
EPA, CDPHE, Jeffco Dept. of Health
No Permit for Haz Waste Management at Arvada
Compliance incident involving chlorinated solvents in 1994 (Thoro denies it handles chlorinated solvents at this time)

19. THE DRACONIAN RAMPAGE
AKA SEARCH WARRANT
Executed November 13, 1996

20. Samples of soil, 55 gallon drums.
Approximately 60 boxes of documents seized.
Samples of soil, 55 gallon drums.
Dye tests of sewer lines and other underground pipes and
drains by Metro Wastewater showed other evidence of
illegal disposal.

44. September 1998
THE INDICTMENT

45. Richard Ernest Newman, Jr. (1) count of Illegal Disposal
(1) count of Illegal Storage
(1) count of Criminal Mischief
Thoro Products Co., Inc.
Jefferson County Grand Jury
Returned Indictments For:

46. January 22, 1999
THE TRIAL

47. A two week trial was held before the Honorable Judge Plaut at the
Jefferson County District
Court, Division 5-C

48. The Criminal Mischief Theory
The solvent plume is continuing to migrate from Thoro’s property to the property of neighboring landowners ;
It was within defendant’s power to stop the migration of solvents by cleaning up the contaminated soil;
CONDUCT “means an act or omission and its accompanying sate of mind, or, where relevant, a series of acts or omissions.”

49. The Defense Theory
The Defendant argued that leaks and spills occurred before the statute was enacted in November of 1984.

50. February 5, 1999
THE VERDICT

51. Thoro Products Co., Inc. found guilty of:
(1) count of Illegal Disposal of Hazardous Waste
(1) count of Illegal Storage of Hazardous Waste
(1) count of Criminal Mischief
Richard Ernest Newman, Jr. found guilty of:

52. May 27, 1999
THE SENTENCING

53. Thoro Products Co. Inc.
The Corporation was sentenced to:
Count 1: Criminal Mischief, $750,000 fine
Count 2: Illegal Storage Of Hazardous Waste,
$100,000 fine
Count 3: Illegal Disposal of Hazardous Waste,
Ten Years Probation

54. When the Court finds extraordinary aggravating
factors, it has the option of increasing the
possible penalty to double the presumptive
maximum.

55. The court found that the Defendant acted in a knowing and reckless manner, thereby sentencing the Defendant in the aggravated range.
COUNT (2): Sentenced to Department of Corrections for a period of (8) years.
COUNT (3): Sentenced to Department of Corrections for a period of (6) years, consecutive to Count (2).
The Court retains jurisdiction regarding restitution.
Appeal now pending.

56. May 27, 1999
THE SENTENCING

57. Thoro Product Co., Inc. Corporation sentenced to Criminal mischief
$750,000 fine
Illegal storage of hazardous waste
$100,000 fine
Illegal disposal of hazardous waste
Ten years probation
Appealed to Colorado Supreme Court

58. Richard Ernest Newman, Jr.
Illegal storage of hazardous waste
Department of Corrections for eight years
Illegal disposal of hazardous waste
Department of Corrections for six years, consecutive to (following) the above count
The court retains jurisdiction regarding restitution
Appealed to Colorado Supreme Court

59. Colorado Supreme Court
State contended that the disposal was on going
Illegal Disposal charge dropped due to loss of statute of limitations
Lesson learned by the prosecution
Better charge in the future
– failure to clean up and close as required

60. Thoro Product Co., Inc. Corporation sentenced to
Criminal mischief – for environmental damage
$750,000 fine – felony due to dollar amount
Lowering property value of adjacent site to zero
refusing to clean up under CERCLA
1st time anyone convicted in Colorado

61. Thoro Product Co., Inc. Illegal storage of hazardous waste
$100,000 fine
Two drums
Illegal disposal of hazardous waste
Dropped on appeal to the Colorado Supreme Court

62. Richard Ernest Newman, Jr.
Illegal storage of hazardous waste
Department of Corrections for four years
Illegal disposal of hazardous waste
Dropped on appeal to the Colorado Supreme Court

63. Richard Ernest Newman, Jr.
Mr. Newman is now in a half-way house in Denver after serving less than a year hard time

65. Solvent Plume

66. Epitaph
“We are not borrowing (the earth) from our children, we’re stealing from them--and it’s not even considered a crime.”
David Brower