Region 5 - Office of Regional Counsel

Name (E to H)

Enterprise Disposal Inc.
Equilon Enterprises LLC d/b/a Shell Oil Products U.S., et al.
Field, Joel A .
Frederick, John T.
Freemen Environmental Corporation
Fujicolor Processing, Inc.
Georgetown Limited Partnership d/b/a Georgetown Common Apartments
Gooel, Bruce and Standard Detroit Paint Compan
Graves, Carol
Greier Ag Center of Canfield Ohio
Hanson, Scott Benjamin and Arlyn E.,et al.
Harlan Bakeries, Inc.
Harpoon Partnership
Hawell, William E.
Henman, Dennis A. (February 24, 2004)
Henman, Dennis A. (March 26, 2004)
Heroux, Kenneth I. et al.
Hoffer's Coatings, Inc.
Holland Hitch Company
Holland, John, et al. (January 23, 2004)
Holland, John, et al (March 3, 2004)
Holland, John, et al (May 11, 2004)
Hydro-Chem Corporation

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

Region 5 files a Consent Agreement and Final Order to commence and conclude case against Georgetown Limited Partnership d/b/a Georgetown Common Apartments, Washington, Illinois. On October 30, 2003, Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing and concluding an administrative penalty action against Georgetown Limited Partnership d/b/a Georgetown Common Apartments for violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992.  The CAFO requires Georgetown Limited Partnership (GLP) to pay a penalty of $1841.50, and certify that it is in compliance with the lead-based paint disclosure regulations found at 40 C.F.R. Part 745, Subpart F. On January 24, 2003, Region 5 issued a Pre-filing Notice for the alleged violations, including failure to provide lessees with (1) a lead hazard information pamphlet, (2) a lead warning statement, (3) a disclosure of presence of lead-based paint or lack of knowledge of such, and (4) a list of records regarding lead-based paint or statement that no such records exist.  Region 5 also alleged that GLP failed to include in leases statements by lessees showing receipt of the information and signatures stating the accuracy of the information. In response to the letter, GLP hired a licensed contractor to performed a lead-based paint inspection that found the property to free of lead-based paint. As a result of this inspection and the cooperation of GLP, Region 5 determined that it was appropriate and consistent with the penalty policy to reduce its planned proposed penalty of $34,100 to a settlement penalty of $1841.50.

Contact: Mony Chabria, (312) 886-6842.

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

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.

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.

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.  The actual sentence in this case, upon conviction, will be determined by the Court under the mandatory Federal sentencing guidelines, which considers 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

Region 5 Administrator Issues Default Order and Initial Decision Against Greier Ag Center in Canfield, Ohio.  Region 5 filed an Administrative Complaint on March 20, 2003 against Greier Ag Center alleging violations of FIFRA. The complaint alleged that Greier Ag failed to submit its annual pesticide production report for calendar years 2000 and 2001. The complaint proposed a penalty in the amount of $11,000. Greier Ag failed to file an answer within 30 days of receiving the complaint. Region 5 filed a Motion for Default Order on June 3, 2003. Greier Ag failed to file a response to the Motion for Default. On February 5, 2004 the Regional Administrator issued a Default Order and Initial Decision assessing a penalty of $11,000.

Primary contact: Cathleen Martwick, 312-886-7166;
Additional contact: David Star, 312-886-6009

Region 5 signs a Consent Agreement and Final Order with Hydro-Chem Corporation. Region 5 initiated this enforcement action in August of 2003. On February 6, 2004 Region 5 signed a consent agreement and final order (CAFO) with Hydro-Chem Corporation of Cleveland, Ohio to settle violations of Section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136j(a)(1)(E). The alleged violations arose out of Hydro-Chem’s sale of the pesticide product HC-332. The product was mislabeled with incorrect EPA Registration and Establishment numbers and failed to include the correct caution statement warning of flamability. Hydro-Chem Corporation will pay a penalty of $3564, which represents the proposed penalty of $3960 reduced by 10% for cooperation.

Primary contact: Erik Olson 312-886-6829;
additional contact: Joe Lukascyk 312-886-6233

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

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.

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.

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

Region 5 enters a CERCLA Administrative Order on Consent (AOC) with Freeman Environmental Corporation to address hazardous wastes stored at an abandoned chemical warehouse in Canton, Ohio.  Under an AOC that became effective in February 2004, Freeman Environmental Corporation agreed to implement a removal action to address several hundred drums and other containers of hazardous wastes associated with Freeman Environmental that were stored at the Smith Chemical warehouse in Canton.  The warehouse is an abandoned four-story building located in a residential area of Canton, containing 700 to 800 55-gallon drums of assorted hazardous and flammable wastes, as well as several hundred smaller containers of hazardous and laboratory chemicals.  U.S. EPA is continuing with a Superfund-lead removal action at the site, and expects to enter into additional AOCs with other PRPs for work at the site.

Primary contact: Reginald Pallesen, 312-886-0555;
additional contact: James Augustyn, 440-250-1742

Region 5 enters into a Administrative Order on Consent Agreement with Oil Companies for Oil Release in the Village of Hartford, Illinois.  On March 17, 2004, Region 5 entered into an Administrative Order on Consent (“AOC”) with Atlantic Richfield Company, Equilon Enterprises LLC d/b/a Shell Oil Products US, and The PREMCOR Refining Group Inc. (collectively the Hartford Working Group or HWG). The AOC , which was issued pursuant to Section 7003 of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. § 6973 and Sections 311(c) and (e), of the Clean Water Act (CWA), 33 U.S.C. § 1321(c) and (e), requires HWG to address a plume of refined oil product under the Village of Hartford, Illinois.  The plume, which is the result of numerous releases from pipelines and refineries in the area, threatens discharges to the Mississippi River through operable as well as abandoned sewer systems.  In addition, vapors from the plume have migrated into residences in the Village of Hartford resulting in explosions, fires, and evacuations.

The AOC requires HWG to implement interim measures to prevent the migration of vapors into residences and, if necessary, temporarily relocate residents. In addition, HWG will investigate the nature and extent of the plume and design a remedy selected by EPA. The remedy will be implemented under a subsequent Order.  There will be a 14 day public comment period.

Primary contact Brian Barwick, 312-886-6620;
Additional contact Steve Faryan/Kevin Turner, On-Scene Coordinators, 312-353-9351/618-997-0115

Region 5 issues exemption from RCRA land disposal restrictions to Environmental Disposal Inc.’s (EDS’s) petition for 2 deep injection wells located in Romulus, Michigan.  EDS’s petition for an exemption was based on a no migration demonstration under RCRA and the regulations at 40 CFR § 148.20(a)(1)(i). This matter is extremely controversial not only because it involves the first commercial hazardous waste injection well in Michigan but also because the State has issued a permit to Sunoco Partners Marketing & Terminal LLC (SPMT) that allows SPMT to extract brine from the injection zone of the EDS wells.  Extraction from the injection zone would draw up injected hazardous waste. Given the conditions in the State permit, as further conditioned by proceedings and action on that permit, and the impact of EDS’s injection, the Region has a firm belief that SPMT will not extract from the injection zone if EDS begins injecting into that zone.  When EPA issued its notice of intent to grant the exemption in November 2002, the State had denied SPMT’s application for an extraction well permit, and EPA explicitly did not consider the proposed extraction.  After the State granted an extraction well permit to SPMT, EPA took additional comment on the permit until October 6, 2003.

The Region issued its decision to grant the exemption on March 16, 2004. It has posted this decision as well as a response to comments on the Region 5 website at http://www.epa.gov/region5/water/uic/uicpub.htm; and will be publishing its decision in the Federal Register. The decision is effective March 16, 2004. Congressman Knollengburg asked about this determination at a budget hearing held on March 4, 2004. The Region has also been responding to requests for correspondence with EDS and SPMT and internal communications submitted by Congressman Dingell.

Primary contact: Maria Gonzalez, Office of Regional Counsel 312-886-6630.


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

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.

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

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.

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.

Acting Regional Administrator expected to sign sixteen Final Orders. The Acting Regional Administrator is expected to sign sixteen Final Orders ratifying the terms of Consent Agreements And Final Orders entered into by the Region. The expedited settlements are part of the National Community Right To Know Late Reporters Initiative. The Final Orders direct the settling parties to pay civil penalties in the amount of Five Thousand ($5,000.00) Dollars, a penalty amount equal to the amount originally demanded by the Region. The Region has entered into settlements with the following companies: Alpha Systems, Inc., Dykerhoff, Inc., Hoffer’s Coatings, Inc., Illinois Cement Company, Muskegon Castings Corp., LLC, Perma-Fix Environmental Services, Inc., Potlach Corp., Superior Aluminum Alloys, and Voith Paper, Inc., Clay Logan Products Company, CMS Generation Filer City Operating Co., ITT Industries - Bell & Gossett, Schauenburg International, Inc., Leland Engineering, Inc., Raybestos Automotive Components Co., and Valley Cabinet, Inc.

Headquarters has been working with the regions since the Fall of 2003 to develop and implement a national Community Right To Know Enforcement Initiative. The Initiative is intended to signal to the regulated community the importance of on-time reporting of Toxics Release Inventory (TRI) forms through a broad enforcement effort designed to heighten facilities’ awareness of the annual reporting deadline. The reports are required under Section 313 of the Emergency Planning and Community Right To Know Act (EPCRA). The settlements described above are the first regional fruits of the initiative. The Region anticipates entry of approximately eighty such settlements. The Region has executed these settlements in a manner consistent with the terms and policies set forth by the Director of the Toxics & Pesticides Enforcement Division in an April 6, 2004, memorandum directed to Regional TRI Managers and Regional Community Right To Know Enforcement Initiative Coordinators.

Primary contact Steven P. Kaiser, (312) 353-3804.

ALJ Gunning Issues Initial Decision in the Matter of Harpoon Partnership for Violations of the Lead Disclosure Rule. On May 27, 2004, Judge Gunning issued an Initial Decision against Harpoon Partnership assessing a civil penalty of $37,037 for the lessor’s violations of the Lead Disclosure Rule requirements in nine leasing transactions. The amended complaint alleged violations of 40 C.F.R. § 745.113(b)(1), (b)(2), (b)(3), (b)(4) and (b)(6) for each leasing transaction where there was no disclosure form or evidence of compliance with the Disclosure Rule either within or attached to the leasing contract. The amended complaint includes a proposed penalty of $56,980 calculated in accordance with the February 2000, 1018 penalty policy.  In consideration of the lessor’s culpability, the court reduced the proposed penalty by 35% to $37,037. In allowing this reduction, the court found it compelling that one of the owners credibly testified that he contacted the agent/management company and advised it of the obligation to comply with the Lead Disclosure Rule, and received assurances that the agent/management company was in compliance.

Contact: Mary McAuliffe, primary contact 312-886-6237;
Scott Cooper, additional contact 312-886-1332

Region 5 Issues Notice of Violation to Holland Hitch Company, Holland, Michigan.  In July 2001, the Holland Hitch Company voluntarily disclosed to U.S. EPA six violations of Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). Holland failed to file six toxic release inventory forms for nickel and chromium for various years from 1996 through 1999. Holland filed the required reports within thirty days of its discovery of the violations, which occurred during the course of an environmental audit in July of 2001, and voluntarily disclosed the violations under U.S. EPA’s April 11, 2000 Self Disclosure Policy, Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations Final Policy Statement (65 Fed. Reg. 19618). Under the Self Disclosure Policy, reductions in gravity based penalties of up to 100% are available if certain criteria are met. The Region has determined that those criteria have been met and that it will not seek any penalty for the violations. The Region issued a Notice of Violation and Final Determination on June 30, 2004.

Contact: Marcy Toney, Associate Regional Counsel, 312-886-3186;
additional contact, Ken Zolnierczyk, 312-353-9687

Region 5 enters a Consent Agreement and Final Order resolving an administrative CWA against Fujicolor Processing, Inc., Crawfordsville, Indiana.  On November 6, 2003, Region 5 filed an administrative complaint against Fujicolor Processing, Inc. (Fuji), alleging violations of the local pretreatment standards for silver, as set forth in its industrial wastewater pretreatment permit, issued by the City of Crawfordsville, Indiana’s publicly own treatment works. The complaint sought a penalty of $85,000. Prior to Fuji’s filing an answer, the parties agreed to settle the matter by a Consent Agreement and Final Order filed with the Regional Hearing Clerk on May 28, 2004. The settlement required Fuji to certify that it is full compliance with the CWA, 33 U.S.C. § 1311 et seq., and the regulations promulgated thereunder at 40 C.F.R. Part 403, and to pay the entire civil penalty of $85,000.

Contact: Susan Tennenbaum, Associate Regional Counsel at 312-886-0273

Region 5 Settles Anhydrous Ammonia Release Case with Harlan Bakeries, Inc. On August 6, 2004, EPA signed a CAFO with Harlan Bakeries, Inc., in Avon, Indiana. This CAFO settles a five count administrative complaint alleging violations of hazardous substance release reporting requirements with respect to two anhydrous ammonia releases which occurred at Respondent’s facility in 1998. Specifically, the Complaint alleged that the Respondent failed to immediately notify the National Response Center of anhydrous ammonia releases which occurred at the facility on July 20, 1998, and October 5, 1998, in violations of section 103(a) of CERCLA. In addition, the Complaint alleged that Respondent failed to immediately notify the Indiana State Environmental Response Commission, as well as file follow-up reports with state and local environmental response commissions, in violation of section 304 of EPCRA. Under the terms of the settlement, Harlan Bakeries, Inc. must pay a cash penalty of $55,605.36 and conduct a SEP. The SEP is an installation of a 1,500 KW emergency diesel powered electricity generator for the facility’s ammonia refrigeration/freezer systems. This back-up generator will allow safety mechanisms to remain operational to prevent an ammonia release from occurring during a power blackout. The SEP will cost the facility $133,500.

Primary Contacts: Mark Palermo and Marcy Toney, (312) 886-6082.