A Windsor, Colorado business and its owner have faced the music with sentences handed down for their roles in a Clean Air Act violation scheme. As reported by the U.S. Department of Justice, Elite Diesel Service Inc., and Troy Lake Sr. pled guilty to conspiring to disable emissions controls on hundreds of heavy-duty diesel trucks across the United States.
From early 2017 to the end of 2020, the now-dismantled Elite and Lake directed staff to tamper with the vehicles' onboard diagnostic systems, preventing detection of malfunctioning emissions hardware. The conspiracy, reaching various states, resulted in significantly increased emissions of pollutants, including nitrogen oxides and carbon monoxide. This has been particularly impactful for communities situated close to high-traffic zones, which often include a disproportionate number of low-income residents.
Lake’s sentence includes 12 months and one day in custody and a $2,500 fine. Meanwhile, Elite Diesel, no longer operational, has been given a five-year probationary period and must pay a $37,500 fine. There's also a $12,500 due for a Colorado Department of Public Health and the Environment program, assisting low-income drivers with vehicle emissions system repairs. During this time, Elite is mandated to participate in a compliance and reporting program.
According to Acting U.S. Attorney Matt Kirsch, as stated by the U.S. Department of Justice, the sentencing "reflects the seriousness of these crimes." Special Agent in Charge Lance Ehrig from the EPA’s Criminal Investigation Division in Colorado emphasized that the defendants' actions resulted in "a significant increase in excess pollution," which "diminished air quality and further placed vulnerable populations at risk." The investigation and prosecution of this case were managed by the Environmental Protection Agency with judicial proceedings concluding on December 5.
Additional penalties were imposed on eight co-conspirators previously convicted of this conspiracy. They face various fines and community service payments aimed at mitigating the environmental damage caused. These include contributions to school districts for newer, cleaner school buses, and payments supporting the development of emissions control training programs.
