07/21/2006
Nine Oregon Residents Indicted for Dumping Toxic Waste on Public Lands
Defendants burned insulation from salvaged copper wire, leaving behind toxic waste at burn sites
PORTLAND, OREGON - In two separate indictments, 9 Oregon residents were charged with violation of the Resource Conservation and Recovery Act for repeatedly dumping toxic waste on public lands. MISFELDT resides in Crook County; the other defendants who reside in Marion County are:
JERRALD ROY MISFELDT, age 40, Prineville
JOHN WAYNE MIKEL, age 29
ANGELICA DAWN YARNELL, age 37
JERRY EDWARD FINLAY, age 48
GUSS A. VOLK, age 31
MICHAEL ALLEN McLAUGHLIN, age 38
GREGORY A. KJOS, age 35
MICHAEL JAMES ELSTAD, 43
ERICK MICHAEL BROCK, age 32
JERRALD ROY MISFELDT
JERRALD ROY MISFELDT, of Prineville, Oregon, appeared in federal court to answer charges contained in an indictment filed in U.S. District Court alleging he repeatedly dumped toxic waste on public lands.
As the Indictment explains, MISFELDT salvaged used wire for profit. Copper wire, commonly used in electrical wiring, is generally encased in an insulation material that typically includes lead. Scrap metal companies pay a higher price for wire that is stripped of this insulation material.
To increase the value of the used wire he found, and thus boost his profits, MISFELDT burned wire to remove the insulation. Burning removed insulation from the wire, but left behind waste containing extremely high levels of lead. Exposure to lead can cause lead poisoning, which in turn can cause learning disabilities, and at high levels, seizures, coma and even death. Because of the danger of lead poisoning, waste with more than 5 milligrams per litre of lead is considered toxic – and thus is a hazardous waste.
MISFELDT regularly salvaged wire in this manner, cashing in wire for money on over 200 occasions between December 2003 and November 2005. Agents identified burn sites on multiple locations on public lands where MISFELDT had burned wire and left toxic waste behind. The indictment alleges nine specific burn sites, including seven on Prineville Lake Acres II near the Crooked River, and two near Juniper Canyon Road.
Waste at one of the burn sites had a lead content of 279 mg/litre – over 55 times the threshold for toxic waste (5 mg/litre).
Misfeldt is charged with nine counts of disposing of hazardous waste in violation of the Resource Conservation and Recovery Act (“RCRA”). RCRA which was enacted by Congress to require a safe means of managing hazardous wastes from cradle to grave, including its generation, transportation, treatment, storage and ultimate disposal.
JOHN WAYNE MIKEL, et al
MIKEL, YARNELL, FINLAY, VOLK, McLAUGHLIN, KJOS, ELSTAD and BROCK also salvaged copper wire for profit. The indictment charges that the defendants regularly obtained wire by theft from federal, state and private facilities. Following the theft of wire, the defendants then burned the casing and/or insulation from wire at various locations, including Silverton, Oregon. At one of the test locations, the lead content of the waste disposed of by the defendants was 468 milligrams per litre – over 90 times the threshold for toxic waste.
According to EPA Special Agent in Charge, Don Sims, “Lead is an extremely hazardous substance which can virtually affect every system of the body including the nervous system, kidneys, and reproductive system. At high levels of exposure, it can cause coma, convulsions, and death. These indictments send a clear message that those who allegedly dispose of hazardous waste illegally, thereby endangering the public, will be vigorously prosecuted.”
U.S. Attorney Karin Immergut stated, “This is a growing problem – we’ve seen a sharp increase in cases of people treating public lands like their own private hazardous waste site – and we won’t tolerate it. These lands are our heritage as Americans, and it’s our job to protect them and we mean to do just that.”
An indictment is only an allegation of criminal activity. The defendant is presumed innocent until proven guilty in a court of law.
The cases were investigated by the Environmental Protection Agency Criminal Investigation Division, the Bureau of Land Management, Marion County Sheriff’s Office, and the U.S. Department of Energy. The MISFELDT case is being prosecuted by Assistant U.S. Attorney Dwight Holton; the MIKEL et al case is being prosecuted by Assistant U.S. Attorney Frank Noonan. Further inquires can be directed to AUSA Holton at 503-727-1128, or Diane Peterson, Public Information Officer, at 503-727-l066.
