10 Ww 12 13 4 15 16 7 18 19 20 21 22 23 24 IN THE CIRCUIT COURT OF THE STATE OF OREGON 3 FOR THE COUNTY OF CROOK STATE OF OREGON, Plaintiff, SECOND AMENDED INDICTMENT Court No. 09FE-0129 DENNIS CARTER BEETHAM and DOB: 11/15/40 DB. WESTERN INC. Defendants ‘The Defendants are accused by the Grand Jury for Crook County of the following offenses: committed as follows: Count 1: UNLAWFUL DISPOSAL OF HAZARDOUS WASTE IN THE FIRST DEGREE (Cinder Pit; Pit #2) (Class B Felony; ORS 468.926) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, knowingly disposed of hazardous waste, to-wit: a residue or mixture of residues that contains ten percent or more of formaldehyde, a hazardous waste pursuant to OAR 340-101- (0033(2)(a)(B) at a site where hazardous waste disposal is not permitted in violation of ORS 466.100. ‘The State further alleges that the defendants knowingly disregarded the law when disposing of the hazardous waste. ‘The State further alleges that this count is a separate and distinct criminal act from all other counts. Page | - SECOND AMENDED INDICTMENT Crook County DisiretAtomey 300 NE Prd Set Prine, Oregon 97734 (S61) 47-415810 ul 12 13 14 15 16 7 18 19 20 2 22 23 24 Count 2: UNLAWFUL STORAGE OF HAZARDOUS WASTE IN THE FIRST DEGREE, (Cinder Pit; Pit #2) (Class B Felony; ORS 468.926) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, knowingly stored hazardous waste, to-wit: a residue or mixture of residues that contains ten pereent or more of formaldehyde, a hazardous waste pursuant to OAR 340-101-0033(2(@)(B) ata site where hazardous waste storage is not permitted in violation of ORS 466.095 “The State further alleges that the defendants knowingly disregarded the law when storing of the hazardous waste. The State further alleges that this count is a separate and distinct criminal act from all other ‘counts. Count 3: UNLAWFUL STORAGE OF HAZARDOUS WASTE IN THE FIRST DEGREE (Formaldehyde Manufacturing Equipment) (Class B Felony; ORS 468.926) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, knowingly stored hazardous waste, to-wit: a substance or mixture of substances that contains ten percent or more of formaldehyde, a hazardous waste pursuant to OAR 340-101- (0033(2)(a)(B) at a site where hazardous waste storage is not permitted in violation of ORS 466.100. ‘The State further alleges that the defendants knowingly disregarded the law when storing the hazardous waste. ‘The State further alleges that this count is a separate and distinct criminal act from all other counts. Page 2~ SECOND AMENDED INDICTMENT Crook County Disc Attomey "300 NE Third Sree! Prineile, Oregon 97754 (S4l) 447-415810 ist 12 13 4 15 16 7 18 19 20 2 23 24 UNLAWFUL DISPOSAL OF HAZARDOUS WASTE IN THE FIRST DEGREE (Corrosive Drum) (Class B Felony; ORS 468.926) The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, knowingly disposed of a hazardous waste, to-wit: a residue or mixture of residues with a pH of 1, corrosive, a hazardous waste pursuant to 40 CFR 261.22 adopted pursuant to OAR 340-100-0002, at site where hazardous waste disposal is not permitted in violation of ORS 466.100. ‘The State further alleges that the defendants knowingly disregarded the law when disposing the hazardous waste. ‘The State further alleges that this count is a separate and distinct criminal act from all other counts. Count 5: UNLAWFUL AIR POLLUTION IN THE SECOND DEGREE (Unclassified Misdemeanor; ORS 468.936) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and knowingly cause or allow to be initiated or maintained open burning in violation of OAR 340-264-0060(3), adopted pursuant to ORS 4684. The State further alleges that this count is a separate and distinct criminal act from all other counts. Count 6: FAILURE TO IMMEDIATELY CLEANUP (Unclassified Misdemeanor; ORS 466.645; 466.995(2)) ‘The defendant, Dennis Carter Beetham, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did, in violation of ORS 466.645 unlawfully fail to immediately clean up a spill or release of Biphenyl, a hazardous material pursuant to ORS 466.605(7). ‘The State further alleges that Dennis Carter Beetham owned and controlled the Biphenyl. ‘The State further alleges that this count is a separate and distinct criminal act from all other counts, Page 3 - SECOND AMENDED INDICTMENT Crook County DisritAstorsey 300 NE Third Street, Prineite, Oregon 97734 (341) $47-415810 os 12 13 4 18 16 7 18 19 20 a 22 23 24 Count 7: FAILURE TO IMMEDIATELY CLEANUP (Unclassified Misdemeanor; 466.645; 466.995(2)) ‘The defendant, Dennis Carter Beetham, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did in violation of ORS 466.645, unlawfully fail to immediately clean up a spill or release of oil ‘The State further alleges that Dennis Carter Beetham owned and controlled the oi “The State further alleges that this count is @ separate and distinct criminal act from all other counts. Count 8: UNLAWFUL DISPOSAL OF SOLID WASTE (Sandblasting grit) (Class A Misdemeanor; ORS 459.205(1); 459.992(1(b)) The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1). ‘The State further alleges that this count is a separate and distinet criminal act from all other counts. Count 9: UNLAWFUL DISPOSAL OF SOLID WASTE (Piles of Urea Formaldehyde Near Shop on BLM Property) (Class A Misdemeanor, ORS 459.205(1); 459.992(1Xb)) ‘The defendants, on or between 08/1/2005 and 10/1/2007, Crook County, Oregon, then and there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1). The State further alleges that this count is a separate and istinct criminal act from all other counts. Page 4 SECOND AMENDED INDICTMENT Crook Couny Disc Atomey “300 NE Third Sort, Prineile, Oregon 97754 (541) 47-419810 ul 12 13 14 15 16 7 18 19 20 a 22 23 24 Count 10: UNLAWFUL DISPOSAL OF SOLID WASTE (Cinder Pit; Pit #1) (Class A Misdemeanor, ORS 459.205(1); 459.992(1}b)) The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did untawfully and knowingly dispose of solid waste ata site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1), The State further alleges that this count is a separate and distinct criminal act from all other counts. Count 11 UNLAWFUL DISPOSAL OF SOLID WASTE (Cinder Pit; Pit #2) (Class A Misdemeanor; ORS 459.205(1}; 459.992(1}(b)) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1). “The State further alleges that this count is a separate and distinct criminal act from all other counts. Count 12: ‘UNLAWFUL DISPOSAL OF SOLID WASTE (Mare Barn Burn Pit) (Class A Misdemeanor; ORS 459.205(1); 459.992(1b)) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1). “The State further alleges that this count is a separate and distinct criminal act from all other counts, Page 5 - SECOND AMENDED INDICTMENT Crook County District dtorney ‘300 NE Third Sree Prince, regan 97754 (S41) 47-415810 u 12 13 4 15 16 7 18 19 20 a 22 24 Count 13: UNLAWFUL DISPOSAL OF SOLID WASTE (East Burn Pit) (Class A Misdemeanor; ORS 459.205(1); 459.992(1}(b)) The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1)- “The State further alleges that this count is a separate and distinct criminal act from all other counts Count 14: UNLAWFUL DISPOSAL OF SOLID WASTE (Concrete Burn Pit) (Class A Misdemeanor; ORS 459.205(1); 459.992(1)(b)) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1). “The State further alleges that this count is a separate and distinct criminal act from all other counts. Count 15: UNLAWFUL WATER POLLUTION IN THE SECOND DEGREE (Unclassified Misdemeanor, ORS 468.943) ‘The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and there being, did unlawfully and with criminal negligence, placed wastes in a location where they are likely to enter waters of the state in violation or ORS 468B.025(1) ‘The State further alleges that this count is a separate and distinct criminal act from all other counts. Contrary to the statutes in such cases made and provided and against the peace and dignity of the State of Oregon. Page 6 - SECOND AMENDED INDICTMENT Crook County Distinct Attorney, 300 NE Third Sret Prinesile, Oregon 97754 (541) 47-4138° 10 i 12 14 15 16 17 18 19 20 21 22 23 24 Dated this 14" day of October, 2010. ‘Witnesses Appearing in Person: Dan Sekerak Mike Houston Karl Catterson Mike Renz Brian Boling via video ( YX TRUEBILL (Nora TRUE BILL & ascii; Grand-has Foreperson i DAINA A. VITOLINS DISTRICT, ATTORNEY. C= By. Po ‘Aaron L. Brennematt, OSB 99227 Deputy Distict Attorney Filed with the Clerk of the Cireuit Court Prineville, Oregon on this 14% day of October, 2010. A.warrant to be issued with Security in the amount of CLERK'S CERTIFICATE Thereby certify this copy to be a true, full and correct s copy of the original now on record in my office. DATE: LQ-/¥-2 by: udge Deputy Arresting Agency Case #: PVA Distriot Attorney Case # 08-143, Page 7 - SECOND AMENDED INDICTMENT Crook Couey Dist tory “300 NE Third Sireet Prineville, Oregon 97754 (541) 79158