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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CROOK

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STATE OF OREGON, ) SECOND A1ViENDED
3 Plaintiff, ) lNDICTMENT
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vs. )
4 ) Court No. 09FE-0 129
DENNIS CARTER BEETHAM and )
5 DOB: 11115/40 )
D.B. WESTERN INC. )
6 Defendants ) The Defendants are accused by the Grand Jury for Crook County of the following offenses:

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committed as follows:

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Count 1:

UN LA WFUL DISPOSAL OF HAZARDOUS WASTE IN THE FIRST DEGREE (Cinder Pit; Pit #2)

(Class B Felony; ORS 468.926)

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The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and

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there being, knowingly disposed of hazardous waste, to-wit: a residue or mixture of residues that

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contains ten percent or more of formaldehyde, a hazardous waste pursuant to OAR 340-101-

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0033(2)(a)(B) at a site where hazardous waste disposal is not permitted in violation of ORS 466.100.

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The State further alleges that the defendants knowingly disregarded the law when disposing of the

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hazardous waste.

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The State further alleges that this count is a separate and distinct criminal act from all other

counts.

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Page 1- SECOND AMENDED INDICTMENT

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Crook County District Attorney 300 NE Third Street

Prineville, Oregon 97754 (541) 447-4158

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Crook County District Attorney 300 NE Third Street

Prineville, Oregon 97754 (541) 447-4158

Count 2: -,

UNLAWFUL STORAGE OF HAZARDOUS WASTE IN THE FIRST DEGREE (Cinder Pit; Pit #2)

(Class B Felony; ORS 468.926)

,.,

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The defendants, on or between 0811/2005 and 10/1/2007, in Crook County, Oregon, then and

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there being, knowingly stored hazardous waste, to-wit: a residue or mixture of residues that contains ten

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percent or more of formaldehyde, a hazardous waste pursuant to OAR 340-1 01-0033(2)(a)(B) at a site

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where hazar.dous waste storage is not permitted in violation ofORS 466.095.

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The State further alleges that the defendants knowingly disregarded the law when storing of the

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hazardous waste.

The State further alleges that this count is a separate and distinct criminal act from all other

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counts.

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Count 3:

UNLA WFUL STORAGE OF HAZARDOUS WASTE IN THE FIRST DEGREE (Formaldehyde Manufacturing Equipment)

(Class B Felony; ORS 468.926)

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The defendants, on or between 08/1/2005 and 1011/2007, in Crook County, Oregon, then and

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there being, knowingly stored hazardous waste, to-wit: a substance or mixture of substances that

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contains ten percent or more of formaldehyde, a hazardous waste pursuant to OAR 340-101-

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0033(2)(a)(B) at a site where hazardous waste storage is not permitted in violation of ORS 466.100.

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The State further alleges that the defendants knowingly disregarded the law when storing the

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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

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Count 4:

UNLAWFUL DISPOSAL OF HAZARDOUS WASTE IN THE FIRST DEGREE (Corrosive Drum)

(Class B Felony; ORS 468.926)

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The defendants, on or between 08/1/2005 and 1011/2007, in Crook County, Oregon, then and

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there being, knowingly disposed of a hazardous waste, to-wit: a residue or mixture of residues with a pH

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of I, corrosive, a hazardous waste pursuant to 40 CFR 261.22 adopted pursuant to OAR 340-100-0002, at

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a site where hazardous waste disposal is not permitted in violation of ORS 466.100.

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The State further alleges that the defendants knowingly disregarded the law when disposing the

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hazardous waste.

The State further alleges that this count is a separate and distinct criminal act from all other

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counts.

Count 5:

UNLA WFUL AIR POLLUTION IN THE SECOND DEGREE (Unclassified Misdemeanor; ORS 468.936)

The defendants, on or between 08/112005 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 468A.

The State further alleges that this count is a separate and distinct criminal act from all other

counts.

Count 6:

FAILURE TO IMMEDIA TEL Y CLEANUP (Unclassified Misdemeanor; ORS 466.645; 466.995(2))

The defendant, Dennis Carter Beetham, on or between 08/112005 and 101112007, in Crook

County, Oregon, then and there being, did, in violation ofORS 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 aJ1eges that this count is a separate and distinct criminal act from all other

counts.

Page 3 - SECOND AMENDED INDICTMENT

Crook County District Attorney 300 NE Third Street

Prineville, Oregon 97754 (541) 447-4158

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Crook County District Attorney 300 NE Third Street

Prineville, Oregon 97754 (541) 447-4158

Count 7:

F AlLURE TO IMMEDIA TEL Y CLEANUP (Unclassified Misdemeanor; 466.645; 466.995(2»

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The defendant, Dennis Carter Beetham, on or between 081112005 and 10/1/2007, in Crook

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County, Oregon, then and there being, did in violation ofORS 466.645, unlawfully fail to immediately

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clean up a spill or release of oil.

The State further alleges that Dennis Carter Beetham owned and controlled the oil.

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The State further alleges that this count is a separate and distinct criminal act from all other

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Count 8:

UN LA WFUL 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 1 0/1/2007, 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 459205(1).

The State further alleges that this count is a separate and distinct criminal act from all other

counts.

Count 9:

UN LA WFUL DISPOSAL OF SOLID WASTE (Piles of Urea Formaldehyde Near Shop on BLM Property) (Class A Misdemeanor; ORS 459_205(1); 459.992(l)(b))

The defendants, on or between 0811 12005 and] 011/2007, 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 4 - SECOND AMENDED INDICTMENT

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Count 10:

UNLAWFUL DISPOSAL OF SOLID WASTE (Cinder Pit; Pit #1)

(Class A Misdemeanor; ORS 459.205(1); 459.992(1)(b»

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The defendants, on or between 08/1/2005 and 1 0/112007, in Crook County, Oregon, then and

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there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste

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disposal in violation of OAR 340-093-0040(1) adopted under ORS 459.205(1).

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The State further alleges that this count is a separate and distinct criminal act from all other

counts.

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Count II:

UNLA WFUL DISPOSAL OF SOLID WASTE (Cinder Pit; Pit #2)

(Class A Misdemeanor; ORS 459.205(1); 459.992(l)(b»

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The defendants, on or between 08/1/2005 and 101112007, in Crook County, Oregon, then and

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there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste

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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

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counts.

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Count 12:

UNLA WFUL DISPOSAL OF SOLID WASTE (Mare Barn Bum Pit)

(Class A Misdemeanor; ORS 459.205(1); 4S9.992(l)(b»

The defendants, on or between 08/112005 and 1 0/1/2007, 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 Attorney 300 NE Third Street

Prineville, Oregon 97754 (541) 447-4158

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counts.
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Crook County District Attorney 300 NE Third Street

Prineville. Oregon 97754 (541) 447-4158

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Count 13:

U1~LA WFUL DISPOSAL OF SOUD WASTE (East Burn Pit)

(Class A Misdemeanor; ORS 459.205(1); 459.992(1)(b)

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The defendants, on or between 08/1/2005 and 10/1/2007, in Crook County, Oregon, then and

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there being, did unlawfully and knowingly dispose of solid waste at a site not permitted for solid waste

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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

Count 14:

UNLA WFUL DISPOSAL OF SOLID WASTE (Concrete Burn Pit)

(Class A Misdemeanor; ORS 459.205(1); 459.992(l)(b))

The defendants, on or between 081112005 and 1011/2007, 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:

UNLA WFUL WATER POLLUTION IN THE SECOND DEGREE (Unclassified Misdemeanor; ORS 468.943)

The defendants, on or between OSIJ12005 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 46SB.025( I)

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

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1

Judge

Dated this 14th day of October, 2010.

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Witnesses Appearing in Person:

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Dan Sekerak Mike Houston

5 Karl Catterson

Mike Renz

6 Brian Boling via video

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( .... ~rA. TRUE BILL

DAINA A VITOLINS DISTRICT ATTORNEY

Filed with the Clerk of the Circuit COUlt Prineville, Oregon on this 14th day ofOetober, 2010.

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A warrant to be issued with Security in the amount of

$-------------------

DATE: /CJ - 1'/- /0

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Arresting Agency Case #: PV A

17 District Attomey Case #: 08-143

CLERK'S CERTIFICATE

I hereby certify this copy to be a true,full and correct copy of the original now on record in my office.

by: __

Deputy

Page 7. - SECOND AMENDED INDICTMENT

Crook County District Attorney 300 NE Third Street

Prineville, Oregon 97754 (541) 447-4158

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