Enforcement Action Summary Fiscal Year 2004

Criminal

Buscher, Theresa A.; Buscher, John J.; and Western Ohio Metal Finishers Caskey, Lamoin
Clymer, Barbara
Continental Engineering
Credido, John D.
Crown EG Inc. (03/01/04)
Crown EG Inc. (06/29/04)
Curry, Cecil
Ducu, Valentin D. (07/08/04)
Ducu, Valentin D. (08/12/04)
Field, Joel A.
Frederick, John T.
Gooel, Bruce and Standard Detroit Paint Company
G raves, Carol (12/15/03)
Graves, Carol (04/08/04)
Harwell, William E.
Henman, Dennis A. (02/24/04)
Henman, Dennis A. (03/26/04)
Heroux, Kenneth I. and George E. Miklesevics
Littlehale, John
Mullins Sr., William R. & Mullins Rubber Products
Olymco, Inc., Alex Sklavenitis, Nick Koumoutzis
Ort, William
Patel, Kanubhai, Manubhai and Mukesh (03/03/04)
Patel, Kanubhai, Manubhai and Mukesh (06/15/04)
Perry, Jeffery S.
Pomeroy, Brent B.
Prime Plating, Inc., Scott Benjamin Hanson, Arlyn E. Hanson & Sam Opare-Addo
Prime Plating, Inc. and James Kenneth Meissner
Reddington, Martin
Rowley, Michael
Shetley, Michael C.
Singleton, George Clint
Smith, Michael L. (12/10/03)
Smith, Michael L. (05/05/04)
Smith, Michael L. (07/14/04)
Steinmetz, Robert (05/11/04)
Steinmetz, Robert (09/07/04)
Wang, Jun
Williams, Lawrence (12/10/03)
Williams, Lawrence (05/05/04)
Williams, Lawrence (07/14/04)
Whitacre, John H., William T. Holland, Thomas R. Whitacre, and Rees Plating Co. (01/23/04)
Whitacre, John H., William T. Holland, Thomas R. Whitacre, and Rees Plating Co.
(03/03/04)
Whitacre, John H., William T. Holland, Thomas R. Whitacre, and Rees Plating Co. (05/11/04)
Vacendak, Donald L.
V an Dyke, David

Asbestos Abatement Professional Sentenced for Improper Asbestos Removal; United States v. Jeffery S. Perry. On September 26, 2003, Jeffery S. Perry was sentenced to six months of home confinement and two years of probation for improper removal of asbestos. Mr. Perry was a project manager for a firm that specializes in the abatement of asbestos from buildings. Previously Mr. Perry admitted that on or about May 23, 2000, he removed and directed the removal of 300 linear feet of asbestos-containing pipe insulation from a building in downtown Toledo, Ohio. The removal was done improperly because the pipe insulation was not adequately wet during the stripping operation. This case was investigated in a joint investigation by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, and U.S. EPA CID, all of which are members of the Northwest Ohio Environmental Crimes Task Force.
Contact: Brad Beeson (440) 250-1761

Pesticide producer sentenced for unlawful sale and distribution of unregistered pesticide in violation of FIFRA Stop Sale and Use Order (U.S. v. John T. Frederick). On October 16, 2003, in the United States District Court, Eastern District of Michigan, Southern Division, John T. Frederick was sentenced to one year probation after pleading guilty to violating 7 U.S.C. § 136l(b)(1)(A); 7 U.S.C. § 136j(a)(2)(I) of FIFRA by knowingly violating a U.S. EPA Stop Sale and Use Order (SSUO) requiring Respondent to cease and desist its sale and distribution of a perchloroethylene-containing product referred to as “Kritter-Killer,” an unregistered pesticide under FIFRA. In accordance with the plea agreement, as a supplemental sentence Frederick agrees, among other things, to place advertisements in trade journals notifying any customers of his knowing violation of a the SSUO for selling perchloroethylene as a rodenticide, and that he is ceasing the sale of perchloroethylene pursuant to the plea agreement; Frederick is also required to provide the same notice by letter to all of his customers to whom he has sold perchloroethylene since April 2000. (Contact: David P. Mucha, Criminal Enforcement Counsel, 312-886-9032) (For more information on perchloroethylene, go to http://www.epa.gov/seahome/housewaste/house/perchloro.htm)

Minnesota automotive parts manufacturer sentenced for dumping chemicals into a storm drain in fishkill case (U.S. v. Continental Engineering, D. MN). On October 30, 2003, a Minnesota manufacturing firm admitted illegally dumping waste machining coolant and tramp oil down a storm drain, resulting in a fish kill in a nearby creek, and was sentenced to pay out over $55,000 in fines and restitution and serve a two-year period on probation. Continental was sentenced to pay a criminal fine of $10,000, pay $5,000 to a Minnesota Department of Natural Resources fish hatchery, $10,000 to a Children’s Water Festival and expend $30,000 on future projects. The case arose in 2001 when environmental regulators discovered a fishkill had occurred in Chaska Creek. On several occasions prior to the fishkill, the Carver County Environmental Services Department had instructed the firm’s CEO (since deceased) to properly characterize and properly dispose of the liquid wastes that had accumulated in the drums. The company admitted that the former CEO of the family-run business directed two employees to come in on a weekend to dump some 30 partially-filled 55-gallon drums down a storm sewer in the business’ parking lot. The drums contained various chemicals wastes that had accumulated from the company’s industrial operations. Continental Engineering manufactures drivelines for heavy-duty vehicles.

Contact: David M. Taliaferro (312) 886-0815.

Former Sewage Plant Operator Imprisoned For 46 Months. David Van Dyke, the former chief operator of the Warsaw, Indiana sewage treatment plant, was sentenced to 46 months in prison November 18, 2003, following his guilty plea to three of the 37 counts with which he had been charged. In addition to the prison sentence, Van Dyke was ordered to serve 1 year of supervised release following his prison sentence, and required to pay restitution to the Indiana Department of Environmental Management and the Indiana Department of Natural Resources.

Testimony at trial showed that thousands of fish died in Walnut Creek downstream of the plant during late July and early August 2002. Subsequent investigation showed that the sewage plant had run out of farmland on which it ordinarily land spread sludge. Rather than pay to haul the sludge out, Van Dyke falsified lab records to make it appear that the plant’s discharges were in compliance. The original lab records showed violations of standards for carbonaceous biochemical oxygen demand (CBOD), ammonia and total suspended solids (TSS). In addition, reports of Escherichia coli (E. coli) had been falsified, hiding the fact that some samples had detected the presence of over a million colonies of E. coli bacteria.

Van Dyke had ordered the sludge re-circulated back to the head of the plant. The build-up of solids eventually killed the plant’s biological treatment organisms and caused untreated sewage to overflow from the plant’s treatment tanks directly into the creek. Testimony indicated that wildlife disappeared from the creek area during the time of the discharges, and nearby residents testified as to the stench. Sewage sludge was found up to waist deep at numerous areas downstream of the plant, and approximately 22,000 cubic yards of sludge remain in the creek to be remediated. Walnut Creek is a tributary to the Tippecanoe River, which has also been adversely affected by these events. The Tippecanoe is considered to be one of the most pristine streams in the U.S. because it provides habitat for approximately 21 endangered species. Van Dyke’s reporting date is December 30, 2003.
Contact: David Taliaferro (312) 886-0815.

Developer and Corporation Sentenced for Improper Asbestos Removal; United States v. Joel A. Field. On November 14, 2003, Joel A. Field, the President of FICOR, an Ohio corporation, was sentenced after pleading guilty to a one-count information for a negligent violation of the Clean Air Act (CAA), 42 U.S.C. § 7413(c)(4). In addition to Mr. Field’s sentence, FICOR, which owned the Kresge Building in Marion, Ohio, was also sentenced for a knowing violation of Clean Air Act, 42 U.S.C. § 7413(c)(1). Mr. Field was sentenced to a term of 12 months of probation and to pay a fine of $500. During his term of probation Mr. Field must make at least three presentations about the consequences of improper asbestos removal. FICOR was sentenced to 2 years probation and to pay a fine of $9,500. Both Mr. Field and FICOR are jointly and severally liable for $12,206 in restitution payable to the Ohio Environmental Protection Agency and the Ohio Department of Health.

Previously Mr. Field admitted that beginning January 2002, and continuing through February 2002, he directed at least two Ficor, Inc d/b/a Ficor Construction employees to remove asbestos covered pipes from the basement of the Kresge Building. The piping was covered with friable asbestos. The FICOR employees did not use the proper procedures for removing the asbestos covered piping, in part because the pipe insulation was not adequately wet during the stripping operation. This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, and U.S. EPA CID, all members of the Northwest Ohio Environmental Crimes Task Force.
Contact: Brad Beeson (440) 250-1761

Printing Company Vice President, Plant Manager, Sentenced Related to False Statements on Clean Air Act Title V Permit Application. John Littlehale was the Vice President of Manufacturing at Multi-Color Corporation, a label manufacturer. In 1996 and 1997, Mr. Littlehale controlled a Multi-Color facility in Scottsburg, Indiana. On September 8, 2003, Mr. Littlehale appeared in federal court in the Southern District of Indiana before Judge David F. Hamilton and pled guilty to count two of his January 15, 2003, indictment. This count alleged that Mr. Littlehale knowingly made material false statements on a document required to be filed by the Clean Air Act, violating 42 U.S.C. § 7413(c)(2)(A). On January 13, 2004, Judge Hamilton sentenced Mr. Littlehale to 18 months imprisonment, 12 months probation, 50 hours of community service, a $4,000 criminal fine and a $100 special assessment.

In 1996 and 1997, Roger Taylor was the Plant Manager of Multi-Color’s Scottsburg facility. On June 4, 2003, Mr. Taylor appeared in federal court in the Southern District of Indiana before Judge David F. Hamilton and pled guilty to a one-count information alleging that Mr. Taylor committed misprision of a felony in that he (a) knew of the actual commission of a felony; and (b) failed to make that felony known to the authorities as soon as possible. On January 13, 2004, Judge Hamilton sentenced Mr. Taylor to 6 months home confinement, 5 years probation and 500 hours of community service.

Specifically, on or about December 5, 1997, Mr. Littlehale signed a Clean Air Act (CAA) Title V application for the Scottsburg facility. This application falsely represented that a new press (Press #3) at the Scottsburg facility (a) was not operating; and (b) would when operating direct its emissions to an oxidizer with a 95% destruction efficiency. When Mr. Littlehale signed this permit application, he knew that Press #3 (a) was operating daily; and (b) was venting its emissions directly to the atmosphere with no pollution controls.

The felony that Mr. Taylor misprised was Mr. Littlehale’s making material false statements in a document required by the CAA. Specifically on December 5, 1997, Mr. Taylor saw John Littlehale, Multi-Color’s Vice President of Manufacturing, sign the CAA Title V application. Mr. Taylor knew then that the application contained material false statements. Mr. Taylor nonetheless failed to disclose the false representations to the Indiana Department of Environmental Management (IDEM) or other authority.

On January 15, 2003, a grand jury in the Southern District of Indiana indicted Mr. Littlehale. The second count of this two-count indictment charged Mr. Littlehale with committing the above CAA felony on December 5, 1997. The first count of this indictment charged Mr. Littlehale with participating in an unlawful conspiracy to enrich Mr. Littlehale and others, violating 18 U.S.C. § 371. According to the indictment, this conspiracy centered on making false statements to IDEM and U.S. EPA to hide that the Scottsburg facility was operating Press #3 without a permit or any pollution control equipment installed. According to the indictment, these false statements enabled the Scottsburg facility to secretly operate Press #3 months or years sooner than it could have had it complied with the CAA, and avoided the expense of installing and maintaining an oxidizer or other means of reducing solvent emissions.

Multi-Color has not been charged. In January 1998, Multi-Color voluntarily disclosed to IDEM the environmental violations that the false representations had concealed. Multi-Color and IDEM entered into a civil settlement of those violations. In that settlement, Multi-Color agreed to pay a civil fine and to perform supplemental environmental projects.

Primary contact: Kris Vezner, (312) 886-6827.

Two Wisconsin Men Charged With Illegal Asbestos Removal At Lutheran Church. On December 10, 2003, Michael L. Smith and Lawrence J. Williams were charged by a federal grand jury with illegally removing a sprayed-on asbestos coating from the ceilings of a number of classrooms located in a Lutheran Church in Mt. Horeb, Wisconsin in July, 2002. According to the charges filed, Smith owns Smith Renovations, a firm which specializes in church renovation work. Williams works for Smith. In 2002, Smith Renovations agreed with the Evangelical Lutheran Church in Mt. Horeb to remove asbestos-containing ceiling material and floor tile. As neither of the defendants was licensed to perform asbestos removal work, they contacted a licensed asbestos abatement firm; however, the defendants only told the licensed firm about the floor tile, not the ceiling work Smith and Williams then removed most of the ceiling material themselves, without following Clean Air Act requirements for asbestos abatement work. The indictment charges Smith and Williams with violating the Clean Air Act by failing to notify an environmental agency prior to the removal activity, failure to wet the material removed to prevent hazardous asbestos dust from being emitted, failure to use labels on the bags of waste which would warn those nearby of the cancer and lung disease hazard, and failure to have taken training in proper removal techniques. Both men were also charged with conspiracy. If convicted, each man faces up to 5 years imprisonment on each count of the five-count indictment, as well as a fine of up to $250,000 on each count.
Contact: David M. Taliaferro (312) 886-0815

Florida Man Sentenced for Lying to U.S. EPA Concerning Engine Certification. On December 19, 2003, Michael C. Shetley pled guilty and was sentenced for submitting false information to U.S. EPA. Mr. Shetley was sentenced to one year of probation and was ordered to reimburse the Office of Public Federal Defender for the costs of his defense. On March 12, 2003, Mr. Shetley was indicted for submitting false information to U.S. EPA under 42 U.S.C. § 7413(c)(2). Mr. Shetley, a resident of Florida was the owner and operator of FAPCO, Inc. FAPCO was hired by Hercules Engine Company, of Canton, Ohio, to obtain a Certificate of Conformity (“Certificate”) so the engine could be legally sold in the United States. In early 1998, Mr. Shetley conducted emissions testing on the Hercules engine. However, the testing did not follow the U.S. EPA procedures, in particular neither a dynamometer nor a smokemeter was used during the testing. On March 18, 1998, Mr. Shetley submitted an application for the Certificate for the engine. The application included a signed statement by Mr. Shetley that the engine had been tested in accordance with the U.S. EPA procedures, which call for the use of a dynamometer or a smokemeter during testing.
Contact: Brad Beeson (440) 250-1761.

Environmental Consultant Pleads Guilty to False Statements on Lead Hazard Assessments. Carol Graves was the president of Graves Environmental Safety, Inc. (GESI), an environmental consulting firm with offices in Moline, Illinois and Bartonville, Illinois. On December 15, 2003, Ms. Graves appeared in federal court in the Central District of Illinois before Judge Joe Billy McDade and pled guilty to her September 26, 2003, indictment. The indictment alleged that Ms. Graves knowingly made material false statements in a matter within the jurisdiction of the federal government, violating 18 U.S.C.§ 1001 and 18 U.S.C.§ 2.

Specifically, on or about February and March 2001, GESI analyzed lead hazards at single-family housing at the U.S. Army’s Rock Island Arsenal in Rock Island, Illinois. In about March 2001, Ms. Graves directed GESI employees to write letters for the Arsenal falsely stating that no lead hazards existed at those housing units. When Ms. Graves directed GESI employees to write these letters, she knew that 12 of those housing units contained lead hazards. Contact: Kris Vezner (312) 886-6827.

Three Michigan Men Plead Guilty To Hazardous Waste Dumping. On November 6, William Ort of Melvindale, Michigan; Michael Rowley of Hudson, Michigan; and Lamoin Caskey of Fayette, Ohio, all pleaded guilty in Lenawee County District Court in Adrian, Michigan, to illegally transporting and disposing of hazardous wastes in violation of state law. In February 2003, Ort hired Rowley to dispose of 16 drums of liquid waste from a welding and machine shop in River Rouge, Michigan. Analysis of the contents indicated the drums contained benzene, industrial oils, metals, tetrachloroethylene, toluene, and xylene. Some of these chemicals are known carcinogens. In the plea agreement, Rowley admitted to hiring Caskey to assist him with the loading of the waste in a trailer and hauling it behind Caskey's truck. While driving, the trailer broke loose from the truck and crashed on Sutton Road in Raisin Charter Township, Michigan. After the crash, Rowley and Caskey removed the license plate from the trailer and fled, leaving the wastes abandoned. Rowley was sentenced to 12 months probation, a $500.00 fine, and $1,000.00 in restitution. Caskey was sentenced to 6 months probation, a $500.00 fine, and $1,500.00 in restitution. Ort was sentenced to 2 years probation, a $100.00 fine, and $30,600.00 in restitution.

Contact: David M. Taliaferro (312) 886-0815.

Company Executives and Company Charged with Clean Water Act Violations; United States v. John H. Whitacre, William T. Holland, Thomas R. Whitacre, and Rees Plating Corporation. On January 23, 2004, John H. Whitacre, William T. Holland, Thomas R. Whitacre, and Rees Plating Corporation (Rees Plating) were charged in a three count information for illegally discharging industrial wastewater into the Massillon sewer system and subsequently lying to authorities about the discharge. John H. Whitacre was the President and William T. Holland and Thomas R. Whitacre were Vice-Presidents of Rees Plating, an Ohio corporation, which was a metal plating operation located in Stark County, Ohio. As a part of the metal plating process heavy metals such as zinc or chromium are used. As a result, the wastewaters generated by Rees Plating, contained zinc and chromium.

The information alleges that the defendants knowingly discharged industrial wastewater containing zinc and chromium into the Massillon’s sewer system without a permit. In addition the information alleges that William T. Holland and John H. Whitacre falsely stated that Rees Plating was not discharging industrial wastewater into the sewer system to the City of Massillon and the Ohio Environmental Protection Agency.

An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Contact: Brad Beeson (440) 250-1761

Michigan scrapyard owner sentenced for abandoning hazardous waste in a field. On February 9, 2004, the United States District Court, Eastern District of Michigan sentenced George Clint Singleton to 37 months incarceration and ordered him to pay $84,000 in restitution for conspiring to violate RCRA as well as transporting hazardous waste to an unpermitted facility, transporting without a manifest, and unlawful storage and disposal of hazardous waste, the crimes for which he was convicted in September 2003. The case stemmed from the abandonment of wastes in a trailer in a field in Van Buren Township in 1998. In 1997 Singleton, d/b/a/ RT Automotive entered into an agreement to remove debris from the Automax site in Ypsilanti, Michigan in consideration for taking ownership of the debris for scrap metal. In 1998, RT Automotive agreed to remove a trailer from Spartan Tire, Ypsilanti, Michigan in exchange for taking ownership of the trailer. Also, in 1998 Singleton entered into an agreement with Automax to remove from the site approximately 70 drums of paint wastes in consideration for automobile parts with re-sale value. One or more employees of RT Automotive transported the trailer from Spartan Tire to Automax, loaded the drums of hazardous paint waste onto the trailer and towed it to an open field in Van Buren Township, Michigan where it was abandoned.

Contact: David Mucha, 312-886-9032

Owner of Ohio Metal Plating Facility Sentenced for Illegal Discharges into the Sewer System; United States v. Martin Reddington. On February 18, 2004, Martin Reddington was sentenced for negligently discharging wastewater in violation of Cincinnati’s approved pretreatment program. Mr. Reddington was sentenced to one year of probation and ordered to pay a $1,000 fine. Mr. Reddington was the owner and operator of Victory Plating, Inc. (VPI) a metal plating facility located in Cincinnati, Ohio. Mr. Reddington previously admitted that on numerous dates from approximately September 5, 2001 to November 1, 2001, the discharge from the VPI facility into the sewer system was in violation of VPI’s permit and Cincinnati’s pretreatment program. In particular, the discharges were below the applicable limit for pH and above the applicable limit for zinc concentration. This case was investigated in a joint investigation by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, U.S. EPA CID, and all members of the Dayton Environmental Crimes Task Force.

Contact: Brad Beeson, 440-250-1761

Donald L. Vacendak sentenced to 37 months for obstruction of justice. The United States District Court for the Northern District of Indiana, Hammond Division, on February 27, 2004 sentenced Donald L. Vacendak to 37 months imprisonment, plus 3 years supervised release for knowingly threatening to kill government informant “A” with the intent of retaliating for information given regarding the commission or possible commission of a federal offense, namely illegal disposal of hazardous waste materials in violation of 18 U.S.C.§ 1513(a)(2). The investigation involved a buried railroad tank car in Gary, Indiana.

Contact: David Mucha, 312-886-9032.

Company Executives and Company Plead Guilty to Clean Water Act Violations; United States v. John H. Whitacre, William T. Holland, Thomas R. Whitacre, and Rees Plating Corporation. On March 3, 2004, John H. Whitacre, William T. Holland, Thomas R. Whitacre, and Rees Plating Corporation (“Rees Plating”) pled guilty to illegally discharging industrial wastewater into the Massillon sewer system and subsequently lying to authorities about the discharge. John H. Whitacre was the President and William T. Holland and Thomas R. Whitacre were Vice-Presidents of Rees Plating, an Ohio corporation, which was a metal plating operation located in Stark County, Ohio. As a part of the metal plating process heavy metals such as zinc or chromium are used. As a result, the wastewaters generated by Rees Plating, contained zinc and chromium.

The information, filed January 23, 2004, alleged that the defendants knowingly discharged industrial wastewater containing zinc and chromium into Massillon’s sewer system without a permit. In addition the information alleged that William T. Holland and John H. Whitacre falsely stated that Rees Plating was not discharging industrial wastewater into the sewer system to the City of Massillon and the Ohio Environmental Protection Agency.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the City of Massillon Wastewater Treatment Department, and U.S. EPA Criminal Investigation Division, all members of the Northeast Ohio Environmental Crimes Task Force. Sentencing for all defendants is scheduled for May 11, 2004.

Contact: Brad Beeson, 440-250-1761

Paint Company and Its CEO Sentenced For Illegal Storage of Hazardous Waste. Until at least 1999, Standard Detroit Paint Company was a paint manufacturer in Detroit, Michigan. From 1995 to at least 1999, Bruce Gooel was Chief Executive Officer of Standard Paint. On August 13, 2003, Mr. Gooel and Standard Paint appeared in federal court in the Eastern District of Michigan before Judge Paul Borman and pled guilty to the government’s August 13, 2004, information. This information alleged in two counts that Mr. Gooel and Standard Paint knowingly stored hazardous waste without a permit from 1995 to 2000.

On March 8, 2004, Judge Borman sentenced Mr. Gooel to 4 months imprisonment, 4 months home confinement, $300,000 restitution and a $100 special assessment. On defendants’ representations that Standard Paint was defunct, Standard Paint received no punishment beyond joint and several liability for the $300,000 restitution. The restitution will help pay U.S. EPA’s cleanup costs of approximately $2.7 million related to Mr. Gooel’s and Standard Paint’s crimes.

Specifically, from at least 1995 to 2000 Standard Paint was a RCRA generator of hazardous waste. Its hazardous wastes included spent solvents and off-specification paints. Standard Paint has never had a RCRA permit to treat, store or dispose of hazardous waste. From 1995 to 2000, Mr. Gooel and Standard Paint knowingly stored Standard Paints’ hazardous wastes without a required RCRA permit.

Contact: Kris Vezner, 312-886-6827.

Electronic Firm Owners Charged With Sewer Dumping. Three owners of a defunct electronic parts manufacturing company in Bensenville, Illinois, were indicted March 3, 2004 on federal charges alleging they discharged contaminated hazardous liquid waste into the Bensenville sewer system between 1997 and 2001. The three defendants were equal owners and executive officers of New Tech Electronics, Inc., which produced electronic printed circuit boards at its former manufacturing facility located at 17 Gateway Rd., Bensenville. The indictment alleges that defendants discharged acidic and caustic wastewater into the town’s sewer system and, at times, attempted to dilute the pollutants by running a garden hose through a manhole and to hide the hose by parking a vehicle over the manhole.

The defendants, Kanubhai Patel, 56, was New Tech’s president; his brother, Manubhai Patel, 55, was New Tech’s treasurer; and Mukesh Patel, 51, also known as “Mike Patel,”was New Tech’s vice president. The defendants were each charged with conspiracy to violate the Clean Water Act. Kanubhai Patel was also charged with one count of making false statements, and the other two defendants were charged with one count each of violating federal environmental protection laws.

United States Attorney for the Northern District of Illinois Patrick Fitzgerald said, “This case sends a very clear message that business owners who threaten the safety of our precious water resources by illegally disposing of their dangerous chemicals simply to save a few dollars on the corporate bottom line should also figure into their calculation the financial, professional and personal costs of a federal criminal prosecution.”

If convicted, the conspiracy and false statement counts each carry a maximum penalty of five years in prison and a maximum fine of $250,000, and the environmental protection violation charges each carry a maximum sentence of three years in prison and a mandatory minimum fine of $5,000 and a maximum of $50,000 for each day of violation.

Contact: David M. Taliaferro (312) 886-0815

Crown EG, Inc., Charged With Seven CWA Violations in White River Fish Kill Case.
Crown EG, Inc., (Crown) an environmental consulting firm, was charged March 1, 2004, with seven misdemeanor violations of the Clean Water Act involving allegedly negligent discharges of pollutant-laden wastewater which preceded an extensive fishkill affecting over forty miles of the White River in Indiana in December, 1999. Crown supervised the industrial wastewater treatment facility at Guide Corporation’s (Guide) automotive signal lighting manufacturing facility in Anderson, IN. In September, 1999, Guide shut down an electroplating operation at the facility, and thereafter sent waste electroplating chemicals and clean-up waste to its on-site treatment facility. When this process failed to reduce the pollutant concentrations to limits required before discharge, massive quantities of treatment chemicals were added to the wastewater. Approximately 1,610,000 gallons of water contaminated with the byproducts of the treatment chemicals was bypassed around treatment equipment and discharged to the Anderson sewer system, which ultimately discharges to the White River. According to the filed charges, the wastewater contained pollutant concentrations sufficient to cause interference with the City of Anderson’s sewage treatment processes and to constitute a hazard to animals. In June, 2001, Guide pleaded guilty to criminal misdemeanor charges arising from the same events. Crown employees were at Guide throughout the period and significantly participated in the events that resulted in the pollutant-laden discharges.

Under the terms of a plea agreement filed in court the same day, Crown agreed to plead guilty to the charges, to pay a $100,000 fine, and to serve five years on probation, during which it would be required to comply with all environmental laws. Crown would also be required to develop a comprehensive environmental compliance training and education program. Under a separate civil agreement with the U.S. and the State of Indiana, Crown agreed to pay a civil fine of $250,000 for events leading up to the illegal discharges.

Contact: David M. Taliaferro, 312-886-0815.

Automotive Oil Change Franchise District Manager Charged with Pumping Oil into Sewer System; United States v. Dennis A. Henman. On February 24, 2004, Dennis A. Henman, was charged in a one count information for a knowing violation of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(c)(2)(A). The information alleges that Mr. Henman, district manager for the Grease Monkey automotive oil change franchise with stores located in Ohio and Indiana, knowingly violated a requirement of an approved local pretreatment program. Specifically, Mr. Henman discharged and caused the discharge of oily wastewater from a Dayton Grease Monkey facility into the Dayton sewer system without obtaining prior approval from the City of Dayton.

The actual sentence in this case, upon conviction, will be determined by the Court under the mandatory Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Contact: Brad Beeson, 440-250-1761

Automotive Oil Change Franchise District Manager Pleads Guilty to Pumping Oil into Sewer System; United States v. Dennis A. Henman. On March 26, 2004, Dennis A. Henman pled guilty to a one count information charging him with a knowing violation of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(c)(2)(A). Sentencing is scheduled for July 9, 2004. The previously filed information alleged that Mr. Henman, district manager for the Grease Monkey automotive oil change franchise with stores located in Ohio and Indiana, knowingly violated a requirement of an approved local pretreatment program. Specifically, the information alleged that Mr. Henman discharged and caused the discharge of oily wastewater from a Dayton Grease Monkey facility into the Dayton sewer system without obtaining prior approval from the City of Dayton.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the City of Dayton, Division of Wastewater, Montgomery County Sanitary Engineering Department, and U.S. EPA CID, all members of the Dayton Environmental Crimes Task Force.

Contact: Brad Beeson 440-250-1761

Environmental Consultant Sentenced for False Statements on Lead Hazard Assessments. Carol Graves was the president of Graves Environmental Safety, Inc. (GESI), an environmental consulting firm with offices in Moline, Illinois and Bartonville, Illinois. On December 15, 2003, Ms. Graves appeared in federal court in the Central District of Illinois before Judge Joe Billy McDade and pled guilty to her September 26, 2003, indictment. The indictment alleged that Ms. Graves knowingly made material false statements in a matter within the jurisdiction of the federal government, violating 18 U.S.C. § 1001 and 18 U.S.C. § 2. On April 8, 2004, Judge McDade sentenced Ms. Graves to 12 months probation, a $1,000 fine and a $100 special assessment.

On or about February and March 2001, GESI analyzed lead hazards at single-family housing at the U.S. Army’s Rock Island Arsenal in Rock Island, Illinois. In about March 2001, Ms. Graves directed GESI employees to write letters for the Arsenal falsely stating that no lead hazards existed at those housing units. When Ms. Graves directed GESI employees to write these letters, she knew that 12 of those housing units contained lead hazards.

Primary contact: Kris Vezner, 312-886-6827

Jury Convicts Two of Illegal Asbestos Removal at Church Sunday School On May 5, 2004 a federal jury in Madison, Wisconsin convicted Michael Smith, 43, and Lawrence Williams, 58, of violating the Clean Air Act by illegally removing asbestos at the Evangelical Lutheran Church in Mt. Horeb, Wisconsin in 2002. Sentencing was set for July 14, 2004. Smith and Williams were partners in Smith Renovations, a Janesville, Wisconsin company that specializes in church renovation work. In April 2002, Smith and Williams bid on and obtained a contract to renovate the Evangelical Lutheran Church in Mt. Horeb. A church representative told them that the ceiling in the church classrooms contained asbestos prior to the work starting. Nevertheless, in July 2002, Smith and Williams, using putty knives, scraped the asbestos-containing coating from the ceilings of numerous classroom ceilings. Neither defendant followed any of the work practices required under the Clean Air Act to prevent emissions of asbestos, including giving advance notice to the State of Wisconsin of the project, adequately wetting the asbestos while stripping it, bagging the waste in leak-tight containers labeled with warnings stating “Asbestos Dust Hazard” and “Cancer and Lung Disease Hazard,” and having a properly trained representative on-site. The jury convicted Smith of four of five counts relating to the Clean Air At violations, acquitting him of a conspiracy count. Williams was convicted of one count relating to failure to properly bag and label asbestos waste.

Contact: David M. Taliaferro at 312-886-0815.

Company Executives and Company Sentenced for Illegal Discharges into the Sewer System; United States v. John H. Whitacre, William T. Holland, Thomas R. Whitacre, and Rees Plating Corporation. On May 11, 2004, John H. Whitacre, William T. Holland, Thomas R. Whitacre, and Rees Plating Corporation (“Rees Plating”) were sentenced for illegally discharging industrial wastewater into the Massillon sewer system and subsequently lying to authorities about the discharge. John H. Whitacre was sentenced to 5 months in the custody of the Bureau of Prisons, to be followed by 5 months of home confinement and 19 months of supervised release. John H. Whitacre was also ordered to pay a fine of $5,000. William T. Holland was sentenced to 5 months in the custody of the Bureau of Prisons, to be followed by 5 months of home confinement and 19 months of supervised release. William T. Holland was also ordered to perform 100 hours of community service. Thomas R. Whitacre was sentenced to 6 months of home confinement to be followed by 18 months of probation. Thomas R. Whitacre was also ordered to perform 200 hours of community service. Rees Plating was fined $5,000 and ordered to print a public apology in the Canton Repository.

John H. Whitacre was the President and William T. Holland and Thomas R. Whitacre were Vice-Presidents of Rees Plating, an Ohio corporation, which was a metal plating operation located in Stark County, Ohio. As a part of the metal plating process, heavy metals such as zinc or chromium are used. As a result, the wastewaters generated by Rees Plating contained zinc and chromium.

The information alleged that the defendants knowingly discharged industrial wastewater containing zinc and chromium into Massillon’s sewer system without a permit. In addition, the information alleged that William T. Holland and John H. Whitacre falsely stated to the City of Massillon and the Ohio Environmental Protection Agency that Rees Plating was not discharging industrial wastewater into the sewer system.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the City of Massillon Wastewater Treatment Department, and U.S. EPA CID, all members of the Northeast Ohio Environmental Crimes Task Force.

Contact: Brad Beeson 440-250-1761.

Company President and Company Sentenced for Clean Air Act Violations; United States v. William R. Mullins, Sr. and Mullins Rubber Products, Inc. On April 23, 2004, William R. Mullins, Sr. and Mullins Rubber Products, Inc. (“Mullins Rubber”) were sentenced for violations related to the use of trichloroethylene (“TCE”), a toxic air pollutant, at the Mullins Rubber facility. Mr. Mullins was sentenced to four months of home confinement to be followed by 32 months of probation. During probation Mr. Mullins must complete 100 hours of community service. In addition Mr. Mullins was ordered to pay a fine of $350,000 and to make a $50,000 contribution to the Pulmonary Division of the Children’s Medical Center of Dayton as restitution. Mullins Rubber was sentenced to three years of probation. In addition, Mullins Rubber was ordered to pay a fine of $100,000.

Mr. Mullins was President of Mullins Rubber which is located in Riverside, Ohio. As part of their operations, Mullins Rubber uses TCE-based halogenated solvents in its degreasing machines. Mullins Rubber was required to report annually halogenated solvent usage to the local air agency (“RAPCA”).

On January 16, 2004, Mr. Mullins and Mullins Rubber were charged in a five-count information. In count one of the information Mullins Rubber was charged with the knowing failure to submit a Title V application. In counts two through five of the information Mr. Mullins was charged with falsely reporting the amount of halogenated solvent cleaner, which contains TCE, used at the Mullins Rubber facility.

According to a statement of facts filed with the Court from 1998 until 2001, Mr. Mullins, on behalf of Mullins Rubber, under-reported the amount of halogenated solvent used at the Mullins Rubber facility. Additionally, Mullins Rubber did not submit a Title V permit application by the October 1996 deadline.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, RAPCA, and U.S. EPA CID, all members of the Dayton Environmental Crimes Task Force.

Contact: Brad Beeson 440-250-1761.

Ohio Man Sentenced for Illegal Disposal of Hazardous Waste; State of Ohio v. Cecil Curry. On May 7, 2004, Cecil Curry was sentenced for illegal disposal of hazardous waste and criminal endangering related to the abandonment of 25 fifty-five gallon drums by Mr. Curry on a vacant lot in Cincinnati, Ohio. Mr. Curry was sentenced to six month of custody (suspended) to be followed by 12 months of probation. Mr. Curry was ordered to perform 50 hours of community service. Because Mr. Curry is indigent he was not required to pay a fine or restitution.

On April 21, 2004, Mr. Curry was charged and pled guilty to a two-count information related to the illegal disposal of hazardous waste. The information alleged that Mr. Curry was paid $750 to dispose of 25 fifty-five gallon drums. The drums contained toxic and ignitable hazardous wastes. Mr. Curry rolled the drums down an alley and onto a vacant lot. During transportation the drums leaked hazardous waste onto the ground. Mr. Curry knew that the cost to legally dispose of the drums was substantially more than $750 and that the drums needed to be disposed of at a licensed disposal site.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the Cincinnati Fire Department, Cincinnati Health Department, the Cincinnati Police Department, and U.S. EPA CID, all members of the Cincinnati Environmental Crimes Task Force.

Contact: Brad Beeson 440-250-1761.

Hardcoat, Inc., Owner and Consultant Indicted For False Statements. Kenneth I. Heroux owned a metal finishing business named Hardcoat, Inc., at 7300 W. Lake St., in St. Louis Park, Minnesota. George E. Miklasevics was an environmental consultant working for Hardcoat. In June 2003, the Hennepin County Department of Environmental Services (HCES) required Hardcoat to hire a company to run a sewer-camera through the pipe which Hardcoat used to discharge its wastes to the local sanitary sewer. HCES required that this company inspect Hardcoat’s sewer pipe for breaks, holes and other damage. Heroux hired Alto Sewer Company (Alto) to perform this sewer-camera inspection.

Alto performed the inspection in July 2003 and gave a videotape of the inspection to Hardcoat. After receiving the inspection results, Heroux hired ATCO Utilities (ATCO) to excavate Hardcoat’s sewer pipe. In July 2003, ATCO excavated Hardcoat’s sewer pipe and discovered two breaks in the pipe and portions of the pipe bottom eaten away. Heroux had ATCO replace the entire pipe. Hardcoat then hired Alto to perform a sewer-camera inspection of the new pipe, which Alto did in August 2003. In August 2003, Miklasevics mailed HCES a videotape of Alto’s inspection of the new pipe. Miklasevics’ cover letter did not disclose that there had been two sewer-camera inspections or that the videotape was of an inspection of a newly-replaced pipe.

HCES subsequently spoke with both Miklasevics and Heroux about Hardcoat’s sewer pipe. Miklasevics told HCES that there had been some sort of blockage in the sewer pipe and that it was fixed. Heroux told HCES that the results of the sewer-camera inspection were “all good” and that there were no problems with the inspection. Heroux told HCES and a U.S. EPA-CID Special Agent that: Alto had found a blockage and not a break in Hardcoat’s sewer pipe; Alto had never given Hardcoat a videotape of Alto’s first inspection; Hardcoat never sent HCES a videotape of Alto’s first inspection because Alto never gave such a videotape to defendant Hardcoat; and Heroux had not known that the sewer pipe had problems worse than blockage, even after ATCO excavated and replaced the sewer pipe.

On May 11, 2004, the Office of the United States Attorney for the District of Minnesota announced that a grand jury in the District of Minnesota had returned a four-count indictment alleging, in Count One, that Hardcoat, Heroux and Miklasevics together conspired to make material false statements, violating 18 U.S.C. §§ 371 and 1001, to avoid having to investigate and clean up any contamination resulting from the holes and breaks in Hardcoat’s sewer pipe; in Count Two, that Miklasevics made a material false statement violating 18 U.S.C. § 1001, when he gave HCES a videotape of Alto’s second sewer-camera inspection without disclosing that this was the second inspection and of a newly-replaced pipe; in Count Three, that Heroux made material false statements violating 18 U.S.C. § 1001, when he repeatedly told HCES that Alto had found nothing wrong with Hardcoat’s sewer pipe during its inspection; and in Count Four, that Heroux made material false statements violating 18 U.S.C. § 1001, when he made various false statements to HCES and U.S. EPA-CID during his interview.

Alto and ATCO have not been charged. The charges in the indictment are allegations only and the defendant is presumed innocent until proven guilty.

Contact: Kris Vezner, (312) 886-6827

Company President Pleads Guilty to Clean Water Act Violation; United States v. William E. Harwell. On May 13, 2004, William E. Harwell pled guilty to a one-count information charging him with illegally discharging oil into a water of the United States. Mr. Harwell was the President ServiSteel Corporation, an Ohio corporation, which was a steel processing company located in Sheffield Village, Ohio. In addition to Mr. Harwell’s plea of guilty, a plea agreement was also filed with the Court. The plea agreement provides that Mr. Harwell be placed on probation for at least one year and that during probation Mr. Harwell will be subject to some period of home confinement. The plea agreement also provides that Mr. Harwell will pay $25,000 in restitution to the French Creek Nature Center. Sentencing is scheduled for July 20, 2004.

The information, filed April 23, 2004, alleged that as part of its operations ServiSteel used hydraulic equipment to cut the steel. Periodically, hydraulic oil from the cutting equipment was spilled into a pit where it mixed with ground water. This mixture was no longer usable and should have been disposed of properly. Instead, the information charges, Mr. Harwell negligently caused the discharge of this oil mixture into the creek bordering the ServiSteel facility. The creek leads into French Creek and eventually into Lake Erie.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the Coast Guard, and U.S. EPA CID, all members of the Northeast Ohio Environmental Crimes Task Force.

Contact: Brad Beeson 440-250-1761

Warehouse Owner Sentenced for Illegal Asbestos Renovation. John D. Crededio owned a warehouse building at 5700 W. Roosevelt Road, in Chicago, Illinois. In January 1999, Mr. Crededio was responsible for an asbestos renovation at that building. On February 26, 2004, Mr. Crededio appeared in federal court in the Northern District of Illinois before Judge Matthew Kennelly and pled guilty to Count Two of his July 10, 2003, indictment. Count Two alleged that during the January 1999 renovation, Mr. Crededio knowingly failed to (a) adequately wet regulated asbestos-containing material (RACM) while that material was being stripped; and (b) ensure that that RACM remained wet until collected or treated in preparation for disposal. These acts knowingly violated 40 C.F.R. §§ 61.145(c)(3) and (c)(6), respectively.

On April 13, 2004, Judge Kennelly sentenced Mr. Crededio to two months community confinement; four months home confinement; three years probation; a $20,000 criminal fine; 200 hours community service; and a $100 special assessment.

Specifically, in 1998 Crededio had ordered the warehouse building demolished. Crededio’s demolition contractor discovered friable asbestos-containing materials (ACM) in the building and refused to continue work until Crededio hired a licensed asbestos-abatement contractor to remove that ACM. Instead, Crededio hired two day-laborers who (a) spoke little or no English; and (b) Crededio knew were not licensed or qualified to remove friable ACM. Crededio did not provide the day-laborers with any way to wet the friable ACM during its removal. Crededio intended the day-laborers to strip the friable ACM without wetting and leave it without wetting in garbage bags for later disposal, which they did.

Contact: Kris Vezner, (312) 886-6827

Prime Plating, Inc. and three individuals charged with conspiracy, violating the Clean Water Act and making false statements. On May 11, 2004, Prime Plating, Inc., a metal finisher located in Maple Grove, Minnesota, owner Scott Benjamin Hanson, Arlyn E. Hanson and employee Sam Opare-Addo were charged in connection with an alleged conspiracy to discharge industrial wastewater from the Prime Plating facility without a functioning pretreatment system, in order to keep the facility in production. During the conspiracy, which allegedly occurred between June and July, 2003, the defendants allegedly discharged untreated wastewater directly into the sanitary sewer using pumps and garden hoses. According to the indictment, Prime Plating and the other defendants took steps to hide from regulators the fact that untreated wastewater was being discharged into the sewer. Defendant Opare-Addo allegedly made a false statement to local officials that Prime Plating was recycling and holding its rinse water. Instead, according to the Indictment, sampling in the sewer of Prime Plating’s discharges showed regular discharges of wastewater which violated Clean Water Act (CWA) standards. Prime Plating, Scott Hanson and Opare-Addo were each charged with one count of conspiracy to violate the CWA, 12 counts of knowing discharges in violation of the CWA, and one count of conspiracy to make a false statement. Opare-Addo was additionally charged with 3 counts of making false statements. Arlyn Hanson was charged with one count of conspiracy to violate the CWA and 10 counts of knowingly discharging in violation of the CWA.

Contact: David M. Taliaferro (312) 886-0815.

Minnesota Auto Shop owner charged in discharge case. On May 11, 2004, charges were handed up by a federal grand jury in Minnesota alleging that Robert Steinmetz of Prior Lake, Minn violated the Clean Water Act by discharging wastewater containing petroleum-based chemicals into a storm sewer that connects with the Minnesota River. Steinmetz was the former owner of two businesses located in Bloomington, Minnesota: Riverwood Auto, an auto repair firm, and Diamondback Bedliner, a manufacturing of automotive bedliner coatings. According to the indictment, in November, 2003, Steinmetz knowingly discharged a pollutant into a water of the U.S., and subsequently falsely claimed that he had only dumped two drums of water.

Contact: David M. Taliaferro (312) 886-0815.

Company President charged with illegal asbestos removal and disposal; United States v. Brett B. Pomeroy. On June 9, 2004, Brett B. Pomeroy was charged in a two count indictment for illegally removing and disposing of asbestos. Mr. Pomeroy was the President of Nelson Bedding Products, Incorporated (“Nelson Bedding”), an Ohio corporation. Nelson Bedding located in Youngstown, Ohio, was mattress manufacturing company that sold mattresses directly to the public.

The indictment alleges Mr. Pomeroy directed an individual to illegally remove asbestos from the basement of the Nelson Bedding building. In addition, Mr. Pomeroy failed to properly dispose of the illegally removed asbestos.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the Mahoning/Trumbull County Air Pollution Control Agency, and U.S. EPA CID, all members of the Northeast Ohio Environmental Crimes Task Force.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt. Contact: Brad Beeson 440-250-1761

Electronic Parts Firm owners plead guilty to conspiracy to dump waste in sewer. Three owners of a now-defunct electronic parts manufacturing company in Bensenville, IL admitted June 15, 2004 that they illegally conspired to discharge contaminated hazardous liquid waste into the Bensenville sewer system between 1997 and 2001. The three defendants were equal owners and executive officers of New Tech Electronics, Inc., which produced electronic printed circuit boards at its former manufacturing facility located at 17 Gateway Rd., Bensenville. The indictment alleges that defendants discharged acidic and caustic wastewater into the town’s sewer system and, at times, attempted to dilute the pollutants by running a garden hose through a manhole and to hide the hose by parking a vehicle over the manhole.

Kanubhai Patel, 56, was New Tech’s president; his brother, Manubhai Patel, 55, was New Tech’s treasurer; and Mukesh Patel, 51, also known as “Mike Patel,”was New Tech’s vice president. The defendants admitted that they conspired to violate the Clean Water Act.

According to the indictment, the defendants illegally discharged approximately every one to three weeks between April 3, 1997 and December 19, 2001. In addition to running a garden hose into the manhole to dilute and conceal the pollution, the defendants allegedly also constructed a bypass pipe to route the illegal discharges around New-Tech’s on-site wastewater treatment system directly into the Bensenville sewer system. The charges also allege that defendants falsely claimed in documents submitted to Bensenville that the illegally discharged wastewater would be hauled off-site for proper disposal. The wastewater discharged by New Tech into sewer drains connected to a wastewater treatment plant owned and operated by Bensenville, which, after treatment, discharged wastewater into Addison Creek, a protected waterway. Sentencing was set for November 4, 2004.
Contact: David M. Taliaferro 312-886-0815.

Crown EG, INC. Sentenced in White River Fish Kill Case. Crown EG, Inc., (Crown) an environmental consulting firm, was sentenced June 29, 2004 in a case in which it had been charged with seven misdemeanor violations of the Clean Water Act (CAA) involving allegedly negligent discharges of pollutant-laden wastewater which preceded an extensive fish kill affecting over forty miles of the White River in Indiana in December, 1999. Crown supervised the industrial wastewater treatment facility at Guide Corporation’s (Guide) automotive signal lighting manufacturing facility in Anderson, IN. In September, 1999, Guide shut down an electroplating operation at the facility, and thereafter sent waste electroplating chemicals and clean-up waste to its on-site treatment facility. When the on-site treatment failed to reduce the pollutant concentrations to limits required before discharge, massive quantities of treatment chemicals were added to the wastewater. Despite receiving information earlier about the dangers to waterways of treatment chemical residues, neither Guide nor Crown personnel tested for residues. Approximately 1,610,000 gallons of water contaminated with the byproducts of the treatment chemicals was discharged to the Anderson sewer system, which ultimately discharges to the White River. According to the charges filed, the wastewater contained pollutant concentrations sufficient to cause interference with the City of Anderson’s sewage treatment processes and to constitute a hazard to animals. In June, 2001, Guide pleaded guilty to criminal misdemeanor charges arising from the same events. Crown employees were at Guide throughout the period and significantly participated in the events that resulted in the pollutant-laden discharges.

In accordance with a plea agreement, Crown was fined $100,000 and placed on five years of probation, during which it would be required to comply with all environmental laws. Crown was also ordered to develop a comprehensive environmental compliance training and education program. Under a separate civil agreement with the U.S. and the State of Indiana, Crown earlier agreed to pay a civil fine of $250,000 for events leading up to the illegal discharges.

Contact: David M. Taliaferro at (312) 886-0815.

Ohio man charged with making false statements to the Ohio Environmental Protection Agency, United States v. Valentin D. Ducu. On July 8, 2004, Valentin D. Ducu was charged in a one-count indictment for making materially false statements in violation of 18 U.S.C. § 1001. According to the indictment, Ducu provided false information to the Ohio Environmental Protection Agency when he applied to take the state’s examination for certification to operate one of the state’s drinking water plant facilities. The indictment charges that Ducu falsely represented in his application that he held a Bachelor of Science degree and was currently working as a level II water plant operator at another drinking water plant facility. According to the indictment, Ducu does not hold a Bachelor of Science degree and was never employed by the drinking water plant facility for which he claimed to work.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, and U.S. EPA CID, all members of the Northeast Ohio Environmental Crimes Task Force.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Primary contact: Brad Beeson (440) 250-1761.

Illegal Asbestos Removers at Wisconsin Church Sunday School Sentenced. On July 14, 2004 Michael Smith, 43, and Lawrence Williams, 58, were sentenced following their conviction by a federal jury of illegally removing asbestos at the Evangelical Lutheran Church in Mt. Horeb, Wisconsin in July, 2002. Smith was sentenced to 6 months of community confinement, 5 years of probation, and required to pay the Church restitution totalling $50,380. Williams was sentenced to 3 months of community confinement, 5 years of probation, and, jointly and severally with Smith, required to make restitution of $50,380. Smith and Williams were partners in Smith Renovations, a Janesville WI company specializing in church renovation work. In April, 2002, Smith and Williams bid on and obtained a contract to renovate the Evangelical Lutheran Church in Mt. Horeb. Although a church representative told them that the ceiling in the church classrooms contained asbestos, nevertheless Smith and Williams scraped the ceilings of numerous classrooms before they were stopped by a licensed asbestos abatement contractor who was at the site to perform other work. Wisconsin DNR inspector. The jury convicted Smith of violating the Clean Air Act by failing to 1) give advance notice of the project to the State of Wisconsin, 2) adequately wet the asbestos while stripping it, 3) bag the waste in leak-tight containers labeled with warnings stating “Asbestos Dust Hazard” and “Cancer and Lung Disease Hazard,” and 4) having a properly trained representative on-site. Williams was convicted of failing to bag the waste in leak-tight and properly labelled containers.

Primary contact: David Taliaferro at (312) 886-0815.

Truck Driver Charged with Dumping Gasoline into a Creek; United States v. Jun Wang. On July 13, 2004, Jun Wang was charged in a one-count indictment for violating the Clean Water Act by illegally dumping more than 32 gallons of gasoline into a storm sewer that was less than 100 feet from the Little Beaver Creek.

According to court documents, Wang was a driver employed by the New Shun Shing International Trading Company in Chicago. On November 18, 2003, Wang was on his way to make a food delivery to a restaurant in Kettering. Wang stopped for fuel in Sidney and filled one of the truck’s two fuel tanks with gasoline. The vehicle runs on diesel fuel.

Realizing his mistake, according to investigators, Wang drove the truck to a shopping center in Kettering, parked over a storm drain, and using tools borrowed from a nearby tire shop, opened the plug on the tank and dumped more than 32 gallons of gasoline into the storm sewer.

The storm drain emptied directly into Little Beaver Creek. Mechanics at the tire shop, smelling a strong odor of gasoline, realized what Wang was doing and confronted him. Wang drove off in his delivery vehicle, without replacing the fuel tank plug, trailing gasoline through the parking lot and into the streets of Kettering. The defendant did not replace the fuel tank plug until he stopped at his next delivery location. Dayton HAZMAT crews responded to the creek and cleaned up the gasoline.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, Kettering Police Department, Kettering Fire Department, Dayton Regional HAZMAT, and U.S. EPA CID, all members of the Dayton Environmental Crimes Task Force.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Primary contact: Brad Beeson (440) 250-1761

Company Executives and Company Charged with Clean Water Act Violations; United States v. John J. Buschur, Theresa A. Buschur, and Western Ohio Metal Finishers. On August 4, 2004, John J. Buschur, Theresa A. Buschur, and Western Ohio Metal Finishers (“WOMF”) were charged in a seven-count indictment for illegally discharging industrial wastewater into the Village of Minster sewer system and lying to authorities about the discharge. John J. Buschur was the President and Theresa A. Buschur was Vice-President of WOMF, an Ohio corporation, which was a metal plating operation located in the Village of Minster, Ohio. As a part of the metal plating process zinc, a heavy metal, is used. As a result, the wastewaters generated by WOMF contained zinc.

The indictment charges that the defendants knowingly discharged partially treated industrial wastewater and sludge containing zinc into the Village of Minster’s sewer system. In addition the indictment also charges that the defendants falsely stated to the Ohio Environmental Protection Agency that WOMF was not discharging industrial wastewater into the sewer system.

A defendant’s sentence in this case, if convicted, may be determined by the Court after consideration of the Federal Sentencing Guidelines, which depend upon a number of factors unique to each case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the unique characteristics of the violation.

In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An Indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Contact: Brad Beeson (440) 250-1761

Company Executives and Company Charged with Clean Water Act Violations; United States v. John J. Buschur, Theresa A. Buschur, and Western Ohio Metal Finishers. On August 4, 2004, John J. Buschur, Theresa A. Buschur, and Western Ohio Metal Finishers (“WOMF”) were charged in a seven-count indictment for illegally discharging industrial wastewater into the Village of Minster sewer system and lying to authorities about the discharge. John J. Buschur was the President and Theresa A. Buschur was Vice-President of WOMF, an Ohio corporation, which was a metal plating operation located in the Village of Minster, Ohio. As a part of the metal plating process zinc, a heavy metal, is used. As a result, the wastewaters generated by WOMF contained zinc.

In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An Indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Contact: Brad Beeson (440) 250-1761

Ohio Man Pleads Guilty to Making False Statements to the Ohio Environmental Protection Agency; United States v. Valentin D. Ducu. On August 12, 2004, Valentin D. Ducu pled guilty to a one-count indictment for making materially false statements in violation of 18 U.S.C. § 1001. According to the indictment filed July 8, 2004, Ducu provided false information to the Ohio Environmental Protection Agency when he applied to take the state’s examination for certification to operate one of the state’s drinking water plant facilities. The indictment charged that Ducu falsely represented in his application that he held a Bachelor of Science degree and was currently working as a level II water plant operator at a drinking water plant facility. At the hearing Ducu admitted that he does not hold a Bachelor of Science degree and was never employed by the drinking water plant facility for which he claimed to work. This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, and U.S. EPA CID, all members of the Northeast Ohio Environmental

Crimes Task Force. Contact: Brad Beeson (440) 250-1761

Fourth Minnesota Plating Shop employee charged with conspiracy to violate the Clean Water Act. On September 2, 2004, James Kenneth Meissner was charged with conspiring to discharge industrial wastewater from Prime Plating, Inc., a metal finisher located in Maple Grove, Minnesota. According to the Information filed in federal court in Minnesota, Meissner and three other Prime Plating employees conspired to illegally discharge hazardous and non-hazardous liquid into the sewer system between June and July, 2003, when the facility had no functioning pretreatment system, in order to keep the facility in production. According to the charges filed, the conspirators used pumps and garden hoses to discharge untreated wastewater, and took steps to hide from regulators the fact that untreated wastewater was being discharged into the sanitary sewer system. Prime Plating, Inc., owner Scott Benjamin Hanson, Arlyn E. Hanson and employee Sam Opare-Addo were charged earlier on related charges. The filing of charges is only an accusation, and defendants are presumed innocent unless proved guilty after a fair trial.

Primary contact: David M. Taliaferro (312) 886-0815.

Region 5 files a combined Administrative Complaint and Consent Agreement and Final Order with Weber-Stephen Products Company. On August 25, 2004, Region 5 filed a combined administrative complaint and Consent Agreement and Final Order (CAFO) resolving allegations related to 2 of its facilities. The CAFO states that the company failed to have an adequate training program, failed to make arrangements with the local authorities, and failed to have an adequate contingency plan which are all conditions of the authorized Illinois RCRA program regulation 35 IAC § 722.134(a) [40 C.F.R. Part 262.34(a)] that exempts the company as a generator of hazardous waste from the requirements to obtain a permit to treat, store, or dispose of hazardous waste under 35 IAC § 703.121(a) and 42 U.S.C. § 6925-6926. These violations are usually considered to be secondary violations. The company, however, was issued 3 NOV’s before the above allegations were determined to be corrected. Therefore, a formal enforcement action was considered appropriate. A proposed penalty of $16,129 was mitigated to $14,567 in the Settlement. The Respondent is required to pay within 30 days of the effective date of the CAFO.

Contact: Susan Prout, primary contact (312) 353-1029; Larry Kyte, additional contact (312) 886-4245

Minnesota Auto Shop Owner pleads guilty in discharge case. On September 7, 2004, Robert Steinmetz of Prior Lake, Minn pleaded guilty in federal court in Minnesota to violating the Clean Water Act by discharging wastewater containing petroleum-based chemicals into a storm sewer that connects with the Minnesota River. Steinmetz was the former owner of two businesses located in Bloomington, Minnesota: Riverwood Auto, an auto repair firm, and Diamondback Bedliner, an applicator of automotive bedliner coatings. According to the indictment, in November, 2003, Steinmetz knowingly discharged a pollutant into a water of the U.S., and subsequently falsely claimed that he had only dumped two drums of water.

Primary contact: David M. Taliaferro (312) 886-0815.

Company Owners and Company Plead Guilty to Clean Water Act Violations; United States v. Alex Sklavenitis, Nick Koumoutzis, and Olymco, Incorporated. On September 20, 2004, Alex Sklavenitis, Nick Koumoutzis, and Olymco, Incorporated (“Olymco”) pled guilty to illegally discharging industrial wastewater into the Canton sewer system. Alex Sklavenitis was the President and part owner and Nick Koumoutzis was a Supervisor and part owner Olymco, a Delaware corporation, which was a chrome plating operation located in Canton, Ohio. As a part of the plating process chromium, a heavy metal, is used. As a result, the wastewaters generated by Olymco contained chromium. The indictment alleged that the defendants knowingly discharged industrial wastewater containing chromium into Canton’s sewer system in violation of Canton’s regulations. This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the City of Canton Wastewater Treatment Department, and U.S. EPA CID, all members of the Northeast Ohio Environmental Crimes Task Force.
Sentencing for all defendants is scheduled for December 17, 2004.

Primary contact: Brad Beeson (440) 250-176

Enforcement in Region 5
EPA Compliance and Enforcement

Enforcement Action Summary Fiscal Year 2004

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