United States v. Daryl Alan Freter

Opinion by Judge FLETCHER.

Daryl Alan Freter appeals his jury conviction for failing to notify federal authorities of the release of a reportable quantity of a hazardous substance from a facility in his charge in violation of 42 U.S.C. § 9603 (b)(3). We have jurisdiction, and we affirm.

I

In the late 1980’s, Freter entered into an agreement with two investors, Carl Long and John Erickson, to manage a research and testing laboratory to study the processing of minerals from various ores with the intent to extract gold and other precious metals. Long and Erickson supplied the funds and materials necessary for the processing venture, while Freter managed the business. As part of the venture, Freter subleased public lands in California from Harold Barnett. Freter purchased approximately twenty 55-gallon drums of sodium hypochlorite, a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., to be used to process the ores. See 40 C.F.R. § 302.4 (1994). The chemicals were stored on the leased property.

By April 1990, Erickson and Long ceased funding the venture because of poor results and cost overruns.…