2. HAZARDOUS WASTE:

EPA adds Nev. mining exec to list of environmental fugitives

Published:

After he failed to surrender to authorities following his indictment in a felony waste dumping scheme, U.S. EPA today added a Nevada mining executive to its list of wanted fugitives.

An arrest warrant for Peter Kuhn, who served as president of French Gulch Nevada Mining Corp., was issued July 2. He is the second man in the last three months to be added to the fugitive list maintained by EPA's criminal enforcement program. The agency is now seeking 18 fugitives for environmental crimes.

An indictment unsealed in U.S. District Court in eastern California alleges that Kuhn and one of his mill superintendents illegally disposed of hazardous mining wastes from a California gold mine by dumping it in other mines, onto a hillside, in a nearby stream and on other land surrounding the mine. Some of the dumping sites in question included federal lands owned by the Bureau of Land Management.

The dumping at the French Gulch gold mine continued for a period of at least nine months from June 2006 to March 2007, the indictment alleges, and involved the discharge of mill waste and mining rock that contained hazardous amounts of arsenic and lead. EPA noted in its release today that exposure to arsenic can lead to paralysis, blindness and cancer, while exposure to lead can harm kidney function and cause reproductive and developmental issues.

Specific charges against Kuhn and his superintendent, Kiedock Kim, include discharging 3 to 10 tons of hazardous mill and mine waste into stream waters, resurfacing a roadway with rock containing arsenic and lead and spraying the road with water containing arsenic and lead. The men are also charged with making false statements to government officials inspecting the site.

EPA said its agents arrested Kim in July 2010. He pleaded not guilty, was ordered by the court to surrender his passport and was released on a $100,000 cash bond. A trial date has not yet been set.

"We're in discussions with the U.S. Attorney's Office attempting to show them that Mr. Kim was not in charge of the environmental issues at the mine," said Malcolm Segal, Kim's attorney. "Other people had that assignment. ... He did his best to fulfill all the statutory requirements and his personal history as a mining engineer has demonstrated that he always complied with environmental laws and desired that those he worked with do the same."

Since the indictments came down, Segal said today, French Gulch Nevada Mining filed for bankruptcy.

While Kuhn remains on the lam, EPA seems to have an inkling as to his whereabouts. A wanted poster distributed this week by the agency indicates that he is believed to be in the Vancouver, British Columbia, area.

"EPA is serious about enforcing the nation's environmental laws to protect public health. Those who are charged with violating the law must have their guilt or innocence determined in a court of law," said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance, in today's press release.