Region 5 - Office of Regional Counsel

Name (M to P)

Medtrol, Inc.
Meissner, James Kenneth and Prime Plating, Inc.
Mijic, Ivan and Jadranka
Miklesevics, George E., et al
Minden Bog, Michigan
Monroe Four Co-Partnership, et al.
Mule-Hide Products Company, Inc.
Mullins Sr., William R. and Mullins Rubber Products, Inc.
Murphy Oil USA, Inc.
Muskegon Castings Corp., LLC, Perma-Fix Environmental Services, Inc., Potlach, Corp, et al.
Northern Hills Water and Sewer Company
Northern States Power
Northshore Mining, Silverbay Minnesota
Opare-Addo, Sam; Prime Plating Inc., et al.
Packaging Corporation of America
Patel, Kanubhai, Manubhai and Mukesh (3/03/04)
Patel, Kanubhai, Manubhai and Mukesh (6/15/04)
Perry, Jeffery S.
Petco Petroleum Corporation
Phillips Pipe Line
Pomeroy, Brent B.
Premcor Refining Inc. (12/17/03)
Premcor Refining Group Inc. (3/17/04)

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

CERCLA Section 103 Release Reporting Case Against Northern Hills Water and Sewer Co. Freeport, Illinois Facility Settled With CAFO.
On November 7, 2003, Region 5 filed a combination Complaint/Consent Agreement and Final Order (CAFO) simultaneously initiating and resolving an administrative compliance action against Respondent Northern Hills Water and Sewer Company at its Freeport, Illinois facility. The Region alleged that Northern Hills failed to timely report the release of a hazardous substance from the facility.

Section 103(a) of CERCLA requires immediate notification to the National Response Center (NRC) of a release of a hazardous substance in an amount equal to or greater than the reportable quantity (RQ). On August 19, 2002, an employee discovered a release of chlorine at Northern Hill’s facility. Chlorine is a hazardous substance under CERCLA with a RQ of 10-pounds. The total release was 125-pounds. A person in charge of the facility called the NRC on August 27, 2002, more than eight days after the incident. The Company did not call the State Emergency Response Commission (SERC) or the Local Emergency Planning Committee (LEPC). Additionally, the Company did not provide the SERC or the LEPC with a written follow-up report.

On June 12, 2003, the Region sent Northern Hills a Pre-filing Notice letter for the violations at issue. The Company was co-operative and entered into negotiations which culminated in prompt agreement on the terms of the CAFO. In order to prevent future violations of this type, the facility has instituted a notification procedure when releases occur. The facility has also implemented a switch from the previous gaseous chlorine feed system to a new environmentally beneficial sodium hypochlorite feed system. The total cost of converting to the sodium hypochlorite system was $5,500. The new system will also cost the Company $964 more per year to operate than the previous gaseous chlorine system. In the CAFO, Northern Hills agrees to continue using the sodium hypochlorite system for at least ten years. The total cost to operate the system for the next ten years is expected to be $9,640. During the settlement process the Company argued that it lacked the ability to pay the $25,245 penalty amount proposed for the violations by the Agency. The Agency evaluated the financial data submitted by Northern Hills and determined that the Company does not have the ability to pay the proposed penalty amount, but that it can pay a lesser amount. Under the agreement set forth in the CAFO, Northern Hills will pay a $1,000 penalty amount to the Superfund.

Contact: Andre Daugavietis, Associate Regional Counsel, (312) 886-6663.

Court of Federal Claims Dismisses Takings Claims Filed Against EPA and Corps Relating to Michigan Peat Cwa Section 404 Permitting Matter for the Minden Bog, Michigan.   On November 13, 2003, the Court of Federal Claims dismissed all five counts of a takings action brought by Bay-Houston Towing Company (Bay-Houston)against EPA and the Army Corps of Engineers (Corps) in connection with the federal Clean Water Act (CWA), section 404 enforcement and permitting activities, for Bay-Houston's 2800-acre Minden Bog property in Michigan. On approximately 950 acres of the property, Bay-Houston had mined peat for years without a CWA section 404 permit. In 1998, EPA filed an enforcement action seeking penalties and injunctive relief consisting of reclamation and restoration of those 950 acres (although the district court found Bay-Houston liable for many section 404 violations, the court decided not to assess any penalties and has stayed consideration of injunctive relief). The balance of the property is unmined. Although the State of Michigan administers the CWA section 404 permit program, because the state was unable to issue a section 404 permit that met EPA's concerns, and in 1997 actually issued a state wetlands permit allowing peat mining on most of the entire 2800-acre property, the Corps became the federal permitting authority for the Minden Bog property as of 1997. In late 1998, the Company submitted a permit application to the Corps for only the 950 historically-mined acres.

In its takings action, the Bay-Houston alleged that both the 950-acre parcel and the balance of its property had been “taken” under either a categorical or severe diminution taking theory, and alleged a temporary taking. The court found that none of the claims were ripe: a) the 950-acre parcel is still the subject of a Corps permitting process; b) the Corps as the federal permitting authority has never made a final permitting decision on the undisturbed acreage, nor had the opportunity to do so (when the state wetlands permit was issued, the state was not then acting as the federal permitting authority); and, c) no temporary taking arose because the permit process neither has been extraordinarily lengthy nor have the federal agencies acted in bad faith.  The court also rejected the Bay-Houston's arguments that applying to the Corps for permission to mine the undeveloped acres would be "futile": while the court recognized that the federal government places a high ecological value on the Minden Bog property and wants to minimize the extent of peat mining, the court did not have sufficient evidence to conclude that the Corps would refuse to allow peat mining and associated discharges on all of the undisturbed acreage.
Contact: Jacqueline Miller, Multi-Media Branch II, (312) 886-7167.

Region 5 signs a Consent Agreement and Final Order with Petco Petroleum Corporation.  Region 5 filed an administrative complaint in this action in February 1999. On August 31, 2003, Region 5 signed a Consent Decree and Final Order (CAFO) requiring Petco Petroleum Corporation (“Petco”), Hinsdale, Illinois, to pay a civil penalty of $42,500, pursuant to Section 1423(c) of the Safe Drinking Water Act (“SDWA”), for violations of 40 C.F.R §§ 144.51(a) and 144.52(a)(6).

Region 5's complaint alleged that Petco violated 40 C.F.R. § 144.51(a) by failing to plug and abandon three Class II underground salt water injection wells, which it owned or operated in Jackson County, Michigan, in accordance with the Underground Injection Control Permits that U.S. EPA had issued for the wells. Petco otherwise failed to provide notice to the Administrator that the wells would not endanger underground sources of drinking water, as required by 40 C.F.R. § 144.52(a)(6). The State of Michigan eventually plugged the three abandoned wells in compliance with the applicable requirements of the SDWA and 40 C.F.R. Parts 144 and 146. The complaint had proposed a penalty of $90,020.
Contact: Susan Tennenbaum (312) 886-0273

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case Against Medtrol, Inc. Settled with CAFO.  On December 11, 2003, Region 5 filed a combination Complaint/Consent Agreement and Final Order (CAFO) simultaneously initiating and resolving an administrative complaint against Respondent Medtrol, Inc (Medtrol).  The Region alleged that Medtrol attempted to distribute or sell a registered pesticide while making claims that differed substantially from claims made as part of the statement submitted in connection with the registration of Medtrol’s products pursuant to Section 3 of FIFRA, 7 U.S.C. § 136a.  The determination of violations in this case is based on information Region 5 accessed from Medtrol’s web site. Medtrol claimed that the registered pesticides Super-Chlor Wipes (a.k.a., Gluco-Chlor Wipes, Super-Chlor XL Wipes) and Clini-Tech Spray would “kill bacterial Anthrax on contact”; a claim not part of its registration statement. These products were offered for sale on their web site. Medtrol promptly altered the web site during an inspection to issue a stop sale, use or removal order. Region 5 deemed it appropriate to settle with Medtrol. The original proposed penalty calculation was $3,850 for each of the two violations of the statute. Based upon Medtrol’s cooperation and good faith efforts provided to the Region, Region 5 has agreed to mitigate the proposed civil penalty from $7,700 to $6,160.
Primary Contact: Mark Koller (312) 353-2591; Additional Contact: Terence Bonace, (312) 886-3387.

REGION 5 FILES A CONSENT AGREEMENT AND FINAL ORDER CONCLUDING ACTION FOR VIOLATIONS OF SECTION 112 OF THE CLEAN AIR ACT (CAA) AND THE NESHAP FOR GASOLINE DISTRIBUTION FACILITIES BY PHILLIPS PIPE LINE COMPANY, CAHOKIA, ILLINOIS

IMPACT: On November 25, 2002, U.S. EPA Region 5 filed with the Regional Hearing Clerk a Consent Agreement and Final Order (CAFO) concluding an administrative penalty action against Phillips Pipe Line Company (Respondent). The penalty action was filed pursuant to Section 113(d) of CAA, 42 U.S.C. § 11045. The CAFO requires the Respondent to pay a civil penalty in the amount of $46,380.50 and perform a supplemental environmental project at a cost of $324,665.

BACKGROUND: On September 26, 2002, U.S. EPA Region 5 filed an Administrative Complaint against Respondent for an alleged violation of Sections 112 of the CAA and 40 C.F.R. § 63.423(a). The Complaint alleges that Respondent failed to equip a gasoline storage tank according to the requirements of 40 C.F.R. § 60.112b(a)(1) through (4), by having an improper seal on the tank. The complaint proposed a penalty of $140,570 for the violation.

In response to a pre-filing notice letter issued by EPA on September 12, 2002, the parties engaged in substantial negotiations prior to the filing of the complaint. These negotiations culminated in a settlement in which Phillips Pipe Line will pay a cash penalty of $46,380.50 and perform a supplemental environmental project (SEP). The SEP consists of the installation of an electric catalytic oxidizer on a soil vapor extraction system. The oxidizer will result in the reduction of emissions of hazardous air pollutants (HAP). Phillips Pipe Line will spend $109,000 in capital expenditures and $71,885 annually to operated the SEP for three years. Completion of the SEP will mitigate the proposed penalty by $94,189.50.

CONTACT: Mony Chabria, 312-886-6842

Region 5 Issues Final Order in the matter of Premcor Refining Incorporated. On December 17, 2003, Region 5 filed a Final Order in the matter of Premcor Refining Incorporated. On September 12, 2003, the Region filed a Complaint against Premcor for violations discovered at its Blue Island, Illinois facility. Specifically, the Complaint alleged that Premcor violated § 15(1) of TSCA and 40 C.F.R. § 761.60 (a) (the PCB Rule) for failure to properly dispose of PCBs that were at concentrations greater than 50 parts per million. In its Complaint, Region 5 proposed a penalty of $11,000. Premcor paid the penalty in full. Resolution of this matter promotes greater awareness of the requirements for PCB disposal.
Primary contact: Joanna Glowacki (312) 353-3757;
Additional contact: Kendall Moore (312) 353-1147

Region 5 signs a Combined Complaint and Consent Agreement with Northshore Mining in Silver Bay, Minnesota.  Region 5 initiated prefiling discussions on this matter on September 30, 2003. The proposed penalty was $41,305.  On February 4, 2004, Region 5 signed a combined complaint and consent agreement with Northshore Mining (NSM) to settle violations of the Resource Conservation and Recovery Act (RCRA) regulations at 40 C.F.R. Parts 260 through 279 and the corresponding Minnesota regulations at Minnesota Rules Parts 7045.0001 et seq. that occurred at its facility located at 10 Outer Drive, Silver Bay, Minnesota. NSM has agreed to pay a penalty of $37,175.

Primary contact: Nidhi O’Meara (312) 886-0568;
additional contact: Graciela Scambiatterra (312) 353-5103.

Region 5 Issues a CERCLA Unilateral Administrative Order to Brook Enterprises, Inc. and Monroe Four Co-Partnership. In January 2003, Region 5 inspected an abandoned paint stripping facility in Taylor, Michigan, known as the Monroe Street Site. The Agency’s inspection revealed approximately 200 abandoned drums and 10,000 gallons of containerized hazardous liquids and sludges.  Accordingly, on July 1, 2003, an action memorandum was issued setting forth a plan to cleanup the facility.  After issuing information requests and general notice of liability letters to the former operator, Brook Enterprises, and the former owner, Monroe Four Co-Partnership, the Agency issued a unilateral administrative order (UAO) to these parties.  The UAO directed the parties to cleanup the facility.  As both parties have claimed an inability to fund this cleanup, valued at approximately $150,000, the Region has initiated cleanup activities.

Primary contact: Rich Murawski, 312-886-6721;
Additional contact: Jeff Kimble, 734-692-7688

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.

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, that discharged wastewater, after treatment, into Addison Creek--a protected waterway.

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

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

The United States, the State of Wisconsin and Murphy Oil USA, Inc. enter into an agreement on Stipulated Penalties.  Region 5 and the State of Wisconsin have entered into an agreement with Murphy Oil USA, Inc., resolving stipulated penalties for the period from March 1, 2003 through and including December 31, 2003.  These stipulated penalties arise from a Consent Decree entered in the Western District of Wisconsin on March 19th, 2002. Murphy Oil will pay $250,000 for all reported failures to comply with the sulfur dioxide (SO2) emission limitations for the Sulfur recovery unit at the Superior Refinery as set forth in the Consent Decree.

Primary Contact: Jose C. de Leon, 312-353-7456;
additional contact: Donald Law, 312-886-6024

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.

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

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.

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.

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 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

Region 5 Files a Combined Complaint and Consent Agreement with Promotions Unlimited Corporation of Racine, Wisconsin. Region 5 initiated pre-filing discussions on this matter in March of 2004. The proposed penalty was $8,800. On June 17, 2004, Region 5 filed a combined complaint and consent agreement with Promotions Unlimited Corporation, to settle violations of 12(a)(1)(A) of FIFRA that occurred when Promotions Unlimited Corporation sold two unregistered products. Promotions Unlimited Corporation has agreed to pay a penalty of $8,800.

Contact: Nidhi O’Meara, primary contact 312-886-0568;
Joseph Lukascyk, additional contact 312-886-6233.

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.

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 Consent Agreement and Final Order to commence and conclude case against Mule-Hide Products Co., Inc., Beloit, Wisconsin. On September 24, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing and concluding an administrative penalty action against Mule-Hide Products Co., Inc., for violations of the National Volatile Organic Compound (VOC) Emissions Standards for Architectural Coatings, 40 CFR Part 59, Subpart D. VOCs are contaminants that evaporate into the air easily. The CAFO requires Mule-Hide to pay a penalty of $22,000. On March 29, 2004, Region 5 issued a Finding of Violation (FOV) to Mule-Hide for allegedly failing to submit an initial notification report and improperly labeling containers of architectural coatings. In response to the FOV, Mule-Hide submitted an initial notification report and began providing required information on their product labels using stickers. These efforts remedied the violations. As a result of Mule-Hide’s cooperation, good faith, and other factors as justice may require, Region 5 determined that it was appropriate and consistent with the penalty policy to mitigate its planned proposed penalty of $32,500 to a settlement penalty of $22,000.

Contact: Mony Chabria, 312-886-6842.