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Tanknology - NDE, International, Inc. Criminal Plea
On October 30, 2002, Tanknology - NDE, International, Inc. was sentenced in federal district court in Austin, Texas to pay a criminal fine of $1 million and pay restitution of $1.29 million to the United States for the costs of the potential retesting of underground storage tanks that the company had falsely tested. In addition, Tanknology will serve five years probation. Pursuant to the plea agreement, Tanknology will implement a quality management system to ensure that false and improper testing practices do not occur again.
The United States, on July 24, 2002, had filed criminal charges against Tanknology-NDE, International, Inc. (Tanknology) in 10 federal district courts. The United States also filed a plea agreement wherein Tanknology agreed to plead guilty to all 10 felony charges. The guilty pleas were for false underground storage tank (UST) testing services performed by Tanknology employees at federal facilities located in the States of Texas, California, Arizona, Illinois, Florida, South Carolina, New Jersey and the Commonwealths of Pennsylvania and Massachusetts. The pleas were entered in the Western District of Texas on August 29, 2002.
The case was filed under the criminal provision of 18 U.S.C. Sections 287 and 1001 (false claims and false statements) subsequent to the federal government conducting an investigation, from July 1998 through December 1999. The investigation found evidence that Tanknology employees failed to properly perform tank tightness testing and leak detection testing at U.S. Department of Defense, US Postal Service, and the National Aeronautics and Space Administration (NASA) facilities. The false tests ranged from failing to follow required test protocols to conducting "drive-by" tests (e.g., a Tanknology tester was videotaped driving up to a federal facility, driving away after a few minutes and then submitting false data). The investigations were conducted by the EPA Criminal Investigation Division along with the investigative arms of seven other federal agencies with the assistance of personnel from the Texas Natural Resources and Conservation Commission (TNRCC) and the Pennsylvania Department of Environmental Protection. The United States has no evidence that the environment was harmed due to the company's violations.
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Press Release on Case Filing and Plea Agreement (07/24/02)
Fact Sheet (PDF)(Revised 10/30/02) (156K, 3 pp, About pdf)
Questions and Answers (PDF)(Revised 10/30/02) (351K, 7 pp, About pdf)
Criminal Plea Agreement and Stipulation (PDF)(29K, 15 pp, About pdf)
Press Release on Sentencing (10/30/02)
Underground Storage Tank Requirements (PDF) (80K, 1 page, About pdf)
EPA's RCRA Underground Storage Tank Enforcement
EPA's Office of Underground Storage Tanks(OUST)
State and Territorial Underground Storage Tank Programs
For additional information, contact:
Virginia Bueno
US EPA
Office of Enforcement and Compliance Assurance
1200 Pennsylvania Ave., NW
Washington, DC 20460
(202) 564-8684
bueno.virginia@epa.gov
Karen Ellenberger
US EPA
Office of Underground Storage Tanks
1200 Pennsylvania Ave., NW
Washington, DC 20460
(703) 603-7171
ellenberger.karen@epa.gov
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