Court Orders Elizabeth Mining and Development
to Comply With
State Hazardous Waste Regulations
DENVER-The Montrose District Court on Wednesday granted
the Colorado Department of Public Health and Environment a preliminary
injunction directing defendants Steven Casebolt and Shirley
Casebolt-Snedden of Elizabeth Mining and Development to determine what
types and quantities of contamination may be present at the company’s
facility in Montrose and implement the required cleanup. The company
recycled platinum, palladium and rhodium from catalytic converters and
then shipped the metals out of state for refining.
“Elizabeth Mining and Development was denied its
effort to avoid responsibility for its poor business practices,”
said Gary Baughman, director of the Hazardous Materials and
Waste Management Division. “The court has made its directive
very clear, upholding the required investigation and remediation
of contaminants laid out in the February 2006 order.”
“The court’s order indicates there is
significant evidence to show Elizabeth Mining and Development’s
business practices have been environmentally irresponsible and
incompatible with state law,” said Attorney General John Suthers.
“We look forward to the case continuing to move ahead.”
The preliminary injunction, signed by District
Court Judge Jeff B. Herron on March 4, orders the defendants to
implement a work plan drafted by the Colorado Department of
Public Health and Environment that gives plant owners 20 days to
identify the contaminants in soils and groundwater at the
Montrose facility. Within 10 days of completing the
identification, the owners must submit a detailed report of
their findings to the state.
The preliminary injunction also gives the
defendants 60 days to submit closure plans for each tank and
tank system used for the storage and treatment of hazardous
wastes, bringing the facility into compliance with state
hazardous waste regulations.
On Feb. 24, 2006, Elizabeth Mining and
Development was ordered to identify contamination on the
property after state health department inspectors found serious
hazardous waste violations, including acids dumped directly onto
the ground and the operation of inadequate waste storage tanks.
The company had completed two preliminary characterization
phases in compliance with the order.
The state-issued compliance order required the
facility owners, Steven Casebolt and his late father, Joseph
Casebolt, to cease all hazardous waste-generating processes
until the owners completely returned to compliance with all
hazardous waste requirements. When the company missed several
deadlines in the compliance order and resumed operations before
getting permission from the department, the state sued the
company in Montrose County District Court. An inspection of the
facility in September 2006 revealed that the company had resumed
operations without coming into compliance with the order. This
resulted in a 44-count criminal indictment of Joseph Casebolt,
Steven Casebolt and defendants in Tennessee.
Penalties assessed for violations in the
February 2006 order had been calculated to be $420,000, but were
subsequently lowered significantly by an administrative law
judge in August 2007. At its February 2009 meeting, the Solid
and Hazardous Waste Commission voted to reconsider penalties
against the Casebolts and Elizabeth Mining and Development,
potentially reinstating most of the penalty. The commission will
make a final decision at its next meeting on May 20.
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State of Colorado,
Department
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