Region 5 - Office of Regional Counsel

Name (Q to T)

Raybestos Automotive Components Co., Schauenburg International, Inc., et al.
Reddington, Martin
Rees Plating Co., et al. (January 23, 2004)
Rees Plating Co., et al (March 3, 2004)
Rees Plating Co., et al (May 11, 2004)
Republic Engineered Products, Inc.
River Valley Coatings, Inc.
Rose Acre Farms
Saint Regis Superfund Site
Shetley, Michael C.
Shirlo, Inc.
Siemens Building Technologies
Singleton, George Clint
Smith, Michael L. (12/10/03)
Smith, Michael L  (05/05/04)
Smith, Michael L. (07/14/04)
Southeast Wood Treating, Inc.
Southwest General Health Center
Stafford-Smith Inc. d/b/a Brothers Restaurant Supply Center, Inc.
Standard Detroit Paint Company and Bruce Gooel
Steinmetz, Robert
Stolle Products
Superior Aluminum Alloys, LLC
Township Highschool, District 211

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 signs a Consent Agreement and Final Order with Township High School District 211 Palatine, Illinois. On October 14, 2003, Region 5 signed a Consent Agreement and Final Order (CAFO) with Township High School District 211 (District 211) that both initiates and fully resolves the TSCA administrative action. In December 2002, Region 5 sent District 211 a pre-filing notice letter informing it that it improperly disposed of PCB's at the Hoffman Estates High School. U.S. EPA also informed District 211 that based on information currently available, U.S. EPA planned to propose a penalty of approximately $18,700 in an administrative complaint. Mr. Steven East from District 211 contacted U.S. EPA in response to the pre-filing letter. He informed EPA that the release of PCBs occurred from a PCB capacitor associated with the Hoffman Estates High School clock system when rain water leaked into the room where the system was located due to a faulty repair to the roof, not because of negligence. The spill from the capacitor was confined to a locked area with restricted and limited access. Response to the spill was immediate and although it took several cleanings to reach the PCB cleanup standard, the school district worked diligently to resolve the matter. District 211 removed the PCB capacitor system and replaced it with a non-PCB system. Additionally, District 211 performed a supplemental environmental project (SEP). It conducted testing for dioxins. The District conducted this testing to determine whether dioxins formed as a result of the PCB release. The testing revealed no dioxins had formed. In consideration of the District's cooperation, attitude, SEP and other factors as justice may require, Region 5 agreed to reduce the civil penalty to $1,246.00 in settlement of the case. (Contact: Cathleen Martwick, primary contact 312-886- 7166; Kendall Moore, additional contact 312-353-1147)

Region 5 Superfund Division Receives October 27, 2003, Letter from Minnesota Environmental Health Division Questioning U.S. EPA Removal Action Dioxin Clean Up Level Policy of 1 Part Per Billion(1 ppb) for Potential Time-Critical Removal Action at St. Regis Paper Superfund Site, Cass Lake, MN. Region 5 issued a CERCLA Unilateral Administrative Order at this National Priority List (NPL) Site in January 1995, for continued monitoring of a dioxin contaminated site that had previously been addressed by the State of Minnesota under a State record of decision (ROD). U.S. EPA became increasingly involved in the site after subsequent five year reviews in 1995 and 2000 and, after 2001/2003 sampling events revealed dioxin in some areas proximate to residential areas above 1 ppb. The NPL site is within the greater boundaries of the Leech Lake Band of Ojibwe Tribal Reservation. Region 5 also made a Spring 2003 commitment to address any dioxin on residential property at the site in this construction season. U.S. EPA staff are seeking to negotiate a work plan that will achieve compliance from International Paper Co., Memphis, TN, a potentially responsible party (PRP). The Minnesota Environmental Health Division (MDH) strongly disagrees with the U.S. EPA Dioxin Policy Level for Removal Actions of 1 ppb., and believes that U.S. EPA should impose a more stringent health-based standard. In its October 27, letter (copied to the Minnesota Congressional delegation for Cass Lake) MDH incorrectly asserted statements made by the U.S. EPA Superfund Division staff representative, and indicated a fear that the orally proposed removal work plan of the PRP would worsen the condition of the site. (U.S. EPA has since received a written proposed work plan and is preparing a fast-track counterproposal on some items that would specifically increase the controls at the Site concerning the specific threats of wind-borne Dioxin that color MDH’s assertions). In a public meeting of October 29, 2003, MDH apparently re-echoed its assertions from its October 28 letter to the town of Cass Lake, MN Region 5 is completing a negotiation for an acceptable work plan for a UAO-driven removal action at the site that will meet the requirements of U.S. EPA Policy, the Superfund Division (with internal support from the U.S. Agency for Toxic Substances and Disease Registry (ATSDR)) Removal Program. Region 5 is also preparing for a public meeting in Cass Lake on November 4, 2003, in order to discuss sampling results and planned removal work. U.S. EPA is planning to (if necessary) reevaluate the site for further removal activities in Spring 2004, and address any other long-term issues thereafter within the Remedial Program. Region 5 still plans to attempt to issue a UAO for a Removal in November 2003 that can be performed prior to the onset of extreme winter conditions. (Contact: Tom Turner, primary contact, 312-886-6613; Mony Chabria, additional contact, 312-886-6842)

Region 5 files Consent Agreement and Final Order with River Valley Coatings, Inc., including $4,350 penalty–Aurora, Illinois.  On July 16, 2003, Region 5 filed a Complaint against River Valley Coatings, Inc. (“Respondent”) of Aurora, Illinois, alleging that Respondent, in 2001at its Aurora, Illinois facility, processed methyl isobutyl ketone, toluene, and hexane in amounts exceeding the threshold for reporting under Section 313(f) of EPCRA, 42 U.S.C. §11023(f) and failed to timely submit a Form R for the chemicals listed above in violation of Section 313 of EPCRA, 42 U.S.C. § 11023, and 40 C.F.R. Part 372. The Complaint proposed a penalty of $4,350.  Respondent failed to file an answer.  Region 5 sent Respondent a letter advising of its plan to file a Motion for Default seeking the full amount of the penalty proposed in the Complaint.  Respondent replied to the letter and has agreed to settle this matter for the proposed penalty.  On November 17, 2003, Region 5 filed a final CAFO, resolving Respondent’s liability for the alleged violations for $4,350. The settlement will deter future violations of EPCRA 313.
Primary Contact: Tamara Carnovsky, (312) 886-2250; Additional Contact: Terence Bonance, (312) 886-3387.

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.

Region 5 files Consent Agreement and Final Order with Stafford-Smith Inc. d/b/a Brothers Restaurant Supply Center, Inc.  On August 7, 2003, Region 5 filed a complaint against Stafford-Smith Inc. d/b/a Brothers Restaurant Supply Center, Inc. (Stafford-Smith), Kalamazoo, Michigan, alleging that, in violation of Section 12(a)(1)(A) of FIFRA, Stafford-Smith distributed or sold on six occasions a pesticide product without the existence of a supplemental distribution agreement required for the product, and therefore distributed or sold an unregistered pesticide. The complaint sought a penalty of $4,400 for each of six counts, amounting to a total penalty of $26,400. After settlement discussions, including the parties’ participation in the Alternative Dispute Resolution (ADR) process offered by the Office of Administrative Law Judges, Region 5 agreed to settle this matter for $17,138, based upon the Stafford-Smith’s good faith compliance efforts and litigation risk. The fully executed Consent Agreement and Final Order was filed by Region 5 on January 16, 2004. The penalty represents a substantial sanction against Stafford-Smith for distributing a pesticide that lacked a supplemental distribution agreement, and will deter future violations.
Primary Contact:  Kevin Chow, (312) 353-6181;
Additional Contact:  Joe Lukascyk, (312) 886-6233.

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

Region 5 issues Notice of Violation to Siemens Building Technologies, Inc., Buffalo Grove, Illinois. In August of 2003, Siemens voluntarily disclosed to U.S. EPA two violations of Section 313 of the Emergency Planning and Community Right to Know Act. Seimens filed toxic release inventory forms for two chemicals thirty days late in July of 2003, but voluntarily disclosed these 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). The Self-Disclosure Policy has several important goals, including encouraging greater compliance with the laws and regulations which protect human health and the environment through self-policing, discovery, disclosure, correction and prevention. If certain specific criteria are met, reductions in gravity based penalties of up to 100% are available under the Self Disclosure Policy. After reviewing Seimens’ voluntary disclosure under the Self-Disclosure Policy, Region 5 issued on February 24, 2004 a Notice of Violation and Final Determination that Seimens’ disclosure met all the conditions of the Policy and that the Region would therefore not seek any penalty for the disclosed violations.

Primary contact: Erik Olson, 312-886-6829;
additional contact: Anthony Silvasi, 312-886-6878

Region 5 issues Notice of Violation to Siemens Building Technologies, Inc., Buffalo Grove, Illinois. In August of 2003, Siemens voluntarily disclosed to U.S. EPA two violations of Section 313 of the Emergency Planning and Community Right to Know Act. Seimens filed toxic release inventory forms for two chemicals thirty days late in July of 2003, but voluntarily disclosed these 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). The Self-Disclosure Policy has several important goals, including encouraging greater compliance with the laws and regulations which protect human health and the environment through self-policing, discovery, disclosure, correction and prevention. If certain specific criteria are met, reductions in gravity based penalties of up to 100% are available under the Self Disclosure Policy. After reviewing Seimens’ voluntary disclosure under the Self-Disclosure Policy, Region 5 issued on February 24, 2004 a Notice of Violation and Final Determination that Seimens’ disclosure met all the conditions of the Policy and that the Region would therefore not seek any penalty for the disclosed violations.

Primary contact: Erik Olson, 312-886-6829;
additional contact: Anthony Silvasi, 312-886-6878

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

EPA enters Consent Agreement and Final Order with Superior Aluminum Alloys, LLC resolving violations of the Clean Air Act.  On August 5, 2003, the Regional Administrator signed a Final Order resolving Clean Air Act violations by Superior Aluminum Alloys, LLC (Superior) located in New Haven, Indiana.  Specifically, Superior violated certain requirements of the National Emission Standards for aluminum production facilities, 40 C.F.R. Part 63, Subpart RRR.  Under the Consent Agreement and Final Order (CAFO), Superior will pay a civil penalty of $33,550 and will implement a Supplemental Environmental Project (SEP) at its facility.  As a SEP, Superior has agreed to install a recuperator at its scrap dryer that will result in a reduction of nitrogen oxide emissions and natural gas usage.  This action was commenced and concluded through the CAFO.

Contact: Cynthia King, 312-886-6831.

Region 5 files a Consent Agreement and Final Order to commence and conclude case against Southwest General Health Center, Middleburg Heights, Ohio. On March 31, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing and concluding an administrative penalty action against Southwest General Health Center for violations of the Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators (HMIWI), 40 CFR Part 62, Subpart HHH. The CAFO requires Southwest General Health Center (Southwest) to pay a penalty of $12,500, and perform a supplemental environmental project (SEP) involving completion of a Community Mercury Thermometer Exchange. The SEP involves targeting 11 communities surrounding the hospital with advertisements encouraging participation in the thermometer exchange and then conducting the exchange on two weekends. The cost of the SEP is estimated at $43,816 and will be required to exceed $37,500. On March 31, 2003, Region 5 issued a Finding of Violation for the alleged violations of the dioxin/furan emission standard for medium intermittent HMIWIs. In response to the FOV, Southwest attempted to make changes to its incinerator and, when those changes were unsuccessful in achieving compliance, permanently shut down its incinerator. As a result of Southwest’s cooperation, good faith efforts to comply, non-profit status, and willingness to perform the SEP, Region 5 determined that it was appropriate and consistent with the penalty policy to mitigate its planned proposed penalty of $50,645 to a settlement penalty of $12,500 and performance of the SEP. For more information regarding HMIWIs, please go to: http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html

Contact: Mony Chabria, 312-886-6842

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.

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.

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.

Region 5 Signs FIFRA Consent Agreement with Shirlo, Incorporated, Memphis, Tennessee
On July 20, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) resolving Respondent’s FIFRA Section 12 violation. On March 17, 2004, the Region filed a Complaint against Respondent alleging its sale and distribution, as the registrant, of a flea and tick shampoo product that contained less dipropyl isocinchomeronate than was expressed on the product label. Region 5, in being consistent with the FIFRA penalty policy, agreed to reduce the proposed penalty amount of $3,850 after taking into consideration Shirlo’s good faith effort to comply and cooperation throughout the enforcement process. Consequently, the CAFO requires Shirlo, Inc. to pay a penalty of $2,200.

Primary contacts: Carlos Evans (312) 886-2149 and Terence Bonace (312) 886-3387.

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.

Region 5 signs RCRA 3008(h) Administrative Order on Consent for Corrective Action with Republic Engineered Products, Inc., Canton, Ohio Republic Engineered Products, Inc. (“REP”) has agreed to conduct corrective action to address hazardous wastes or constituents at its facility, located at 2633 Eighth Street N.E., Canton, Ohio, under the terms of a “streamlined” Administrative Order on Consent (“AOC”) issued by Region 5 on August 2, 2004, pursuant to Section 3008(h) of RCRA, 42 U.S.C. § 6928(h). REP operates a mini-mill which produces steel bar products. REP acquired the facility from Republic Engineered Products, LLC (“REP LLC”) in December, 2003, as a result of a U.S. Bankruptcy Court sale order issued during REP LLC’s bankruptcy. REP LLC itself had acquired the facility from Republic Technologies International, LLC (“RTI”), which is also bankrupt. The mini-mill facility, and adjacent property not owned by REP, were subject to a previous corrective action AOC signed in 1999 with RTI. This new streamlined, performance-based AOC requires REP to, among other things, demonstrate by August 1, 2006, that human exposures to contamination at its facility are under control and that migration of contaminated groundwater is stabilized, and to conduct any final corrective measures necessary to protect human health and the environment.

Primary Contact: Kevin Chow, (312) 353-6181;
Additional Contact: Michelle Kaysen-Majack, (312) 886-4253.

Region 5 signs a Consent Agreement and Final Order with Southeast Wood Treating, Inc. Region 5 initiated this enforcement action in September of 2003. On July 20, 2004, the Region signed a consent agreement and final order with Southeast Wood Treating, Inc. of Montgomery, Alabama to settle violations of Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA), 42 U.S.C. § 11023 at their facility in Richmond, Indiana. The alleged violations arose out of the failure to file Toxic Release Inventory reports (Form R and Form A) for toxic chemicals chromium, copper and arsenic for reporting year 1998 and for chromium and copper for reporting year 1999. Southeast Wood will pay a penalty of $16,830, which represents the proposed penalty of $37,400 reduced for attitude, cooperation, and good faith efforts to comply.

Contact: Erik Olson, primary contact 312-886-6829; Terry Bonace, additional contact 312-886-3387