People of the State of Colorado v. Thoro Products Co., Inc. And Richard Ernest Newman, Jr.

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. 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 1947 to 1989 • Richard Ernest Newman, Jr., Vice-President from 1983 ; President from 1989 until Corporate Dissolution in 1997; Presently Owner of Unincorporated Company

15. 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 operation @ 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 1964 (effective August 1 1964) • 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. . . . . . . . . . . . . . . . . . . . 1,1,1-Trichloroethane Abbreviation. . . . . . . . . . . . . . . . . . . . . . . 1,1,1-TCA 4. Chemical Name. . . . . . . . . . . . . . . . . . . Methylene Chloride (No Dow Trademark Indicated) 5. Dow Trademark Name. . . . . . . . . . . . Telone II Soil Fumigant Chemical Name. . . . . . . . . . . . . . . . . . . .1,3-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. 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. (1) count of Illegal Disposal (1) count of Illegal Storage (1) count of Criminal Mischief 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