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PA IDAHO EMPLOYER INDICTED FOR INCIDENT THAT INJURED EMPLOYEE

Release Date: 07/02/98
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FOR RELEASE: THURSDAY, JULY 2, 1998

IDAHO EMPLOYER INDICTED FOR INCIDENT THAT
INJURED EMPLOYEE

Allan Elias, the owner and operator of Evergreen Resources, a fertilizer manufacturing company in Soda Springs, Idaho, was indicted on June 26, by a grand jury in U.S. District Court for the District of Idaho in Pocatello. Elias is accused of three counts of illegally disposing of hazardous waste in
violation of the Resource Conservation and Recovery Act, one count of endangering the health and safety of his employees and one count of making a false statement to federal officials by falsifying a safety plan. Elias is charged with directing his employees to enter a 25,000 gallon storage tank to dispose of hazardous cyanide waste, however Elias allegedly did not implement basic safety precautions that had been discussed with him by the Occupational Safety and Health Administration (OSHA). According to the indictment, Scott Dominguez, a 20 year-old employee, was overcome by cyanide fumes in the tank and suffered permanent brain damage. If convicted on all counts, Elias faces a maximum of up to 35 years imprisonment and/or up to $1.25 million in fines. The case was investigated by EPA’s Criminal Investigation Division, the Criminal Investigation Division of the IRS, OSHA, the Idaho State Police and the Idaho Department of Environmental Quality with the assistance of EPA’s National Enforcement Investigations Center.
R-86 ###