FEDERAL GRAND JURY CHARGES HAZARDOUS WASTE VIOLATIONS

A federal grand jury in Pocatello has indicted Krister “Kris” Sven Everston, also known as Krister Ericksson, on one count of violating the Hazardous Materials Transportation Safety Act, and two count of illegal storage and disposal of hazardous waste.

Everstone is the former owner and president of SBH Corporation, a Nevada corporation that is currently defunct. The indictment alleges that Everston transported 10 metric tons of sodium metal from its port of entry in Seattle, Washington, to Salmon, Idaho, where he used some of the sodium in an effort to manufacture sodium borohydride. It is further alleged that in August of 2002, Everston arranged for the transportation of the sodium metal not used in the manufacturing process and several above-ground storage tanks (ASTs) which contained sludges and other liquids from SBH’s Salmon manufacturing facility to a storage site at the Steel and Ranch Supply facililty (SRS) in Salmon. Sodium metal and the materials in the tanks were highly reactive with water. According to the indictment, Everston failed to take protective measures to reduce the risk that the transported material would react and damage persons or property.

On May 27, 2004, the Environmental Protection Agency (EPA) responded to the SRS facility and removed the sodium metal, one ASK that contained sludge, and another tank with corrosive liquid. Commercial laboratories refused to accept the sludge for testing since it was highly reactive with water. The EPA tested the sludge at the National Enforcement Investigations Center laboratory, where it was determined to be highly reactive with water and classified as a hazardous waste. The EPS spent more than $500,000 on cleanup and response costs related to the defendant’s abandonment of the hazardous materials.

The case was investigated by the EPA - Criminal Investigation Division, the U.S. Department of Transportation - Office of the Inspector General, and the FBI. It is being prosecuted by the Environmental Crimes Section of the U.S. Department of Justice and the U.S. Attorney’s Office for the District of Idaho.

An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt.