Eugene wood treatment company and its president agree to $1.5 million in air pollution fines

By MAXINE BERNSTEIN/The Oregonian/OregonLive

A Eugene-based wood treatment facility and its president have agreed to pay $1.5 million in criminal fines for illegal treatment of hazardous waste in violation of the Clean Air Act’s pollution control regulations.

J.H. Baxter & Co. Inc. on Wednesday pleaded guilty to illegally treating hazardous waste, and the company president, Georgia Baxter-Krause, 61, of Deschutes, pleaded guilty to two counts of making false statements in violation of the Resource Conservation and Recovery Act, a federal law governing hazardous waste management.

According to court documents, J.H. Baxter used hazardous chemicals to treat and preserve wood at its Eugene facility. The wastewater from the wood preserving processes was considered hazardous waste. The company operated a legal wastewater treatment unit, but for years when there was “too much water on site,” the company essentially would “boil” off the wastewater, allowing discharge into the air through open vents, according to court records.

Oregon inspectors requested information about the company’s practice of boiling off the hazardous wastewater, but Baxter-Krause provided false information about when the boiling took place and what equipment was used, though the company kept detailed production logs, according to federal prosecutors. The illegal activity occurred from January to October 2019 on 136 days, court records indicate.

The $1.5 million in fines was part of the plea agreement reached. Baxter-Krause also is scheduled to be sentenced on April 22 before U.S. District Judge Michael J. McShane in federal court in Eugene.

The Environmental Protection Agency’s criminal investigation division, with help from the Oregon Department of Environmental Quality, Lane Regional Air Protection Agency and state police, investigated the case.

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