Region 5 - Office of Regional Counsel

Name (U to Z)

Valmont Coatings, Inc., d/b/a/ Valmont Applied Coating Technology
Van Dyke, David
Valley Cabinet, Inc, Voith Paper, Inc., et al.
Wang, Jun
WCI Steel Inc.
Western Ohio Metal Finishers, et al.
Whitacre, John H. and Thomas R., et al. (01/23/04)
Whitacre, John H. and Thomas R., et al. (03/03/04)
Whitacre, John H. and Thomas R., et al. (05/11/04)
Willams, Lawrence J.  (12/10/03)
Williams, Lawrence J.  (05/05/03)
Williams, Lawrence J. (07/14/04)
Welch Food

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

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

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

Region 5 signs a Consent Agreement and Final Order with Welch Foods, Inc.
On June 19, 2003, Region 5 issued filed a civil administrative complaint against Welch Foods, Inc. of Lawton, Michigan for violations of § 312 of the Emergency Planning and Community Right to Know Act (EPCRA), which requires a subject facility to submit an Emergency and Hazardous Chemical Inventory Form (Tier II Form) to the State Emergency Response Commission, Local Emergency Planning Commission and local fire department. In its complaint, U.S. EPA proposed a penalty of $73,689. On January 2, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) resolving the § 312 violations. In consideration of Welch’s cooperation and willingness to implement a site security supplemental environmental project (SEP) for its outside anhydrous ammonia storage tank farm, the final settlement penalty, after a SEP credit of $53,682, is $15,659. This settlement will promote greater awareness of Tier II reporting procedures and minimize the risk of anhydrous ammonia leaks at Welch’s outdoor tank farm.
Primary contact: Joanna Glowacki, 312-353-3757;
Additional contact: James Entzminger, 312-886-4062

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

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

Region 5 files Consent Agreement and Final Order with Valmont Coatings, Inc., d/b/a/ Valmont Applied Coating Technology.  On December 11, 2003, Region 5 and Valmont Coatings, Inc., d/b/a/ Valmont Applied Coating Technology (Valmont), entered into a consent agreement and final order (CAFO) (pursuant to Rules 22.13(b) and 22.18(b) of the Consolidated Rules of Practice simultaneously commencing and concluding EPA’s action) resolving EPA’s claims that Valmont had violated certain provisions of the Federal Resource Conservation and Recovery Act (RCRA) and Minnesota’s hazardous waste rules.  In the CAFO, Valmont agrees to pay a civil penalty of $35,310, which is 100% of the amount claimed by EPA in its pre-filing negotiations.  The particular Valmont facility at issue in this matter closed after the violations were discovered during an EPA inspection.  Accordingly, there are no compliance issues in this matter.
Primary contact:  Jeffrey A. Cahn, 312-886-6670;
Additional contact:  Michael Valentino, 312-866-4582.

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

RCRA/CWA Proof of Claim Filed in WCI Steel, Inc., Chapter 11 Bankruptcy Case.
On September 15, 2003, WCI Steel, Inc., filed for protection pursuant to Chapter 11 (reorganization) of the United States Bankruptcy Code.  The bar date for government creditors was March 15, 2004.  The Department of Justice filed a Proof of Claim on March 8, 2004.  The Proof of Claim covers a RCRA penalty claim for the ongoing violation of a September 2002 RCRA 7003 Order (as amended). The Proof of Claim also covers protective claims related to injunctive relief required by the Order, a RCRA permit and a CWA Consent Decree. Significantly, the RCRA 7003 Order directed WCI to remove oily waste from eleven (11) surface impoundments, with the option to net three (3) of the impoundments.  The Order was based on EPA’s determination that the oily waste in the impoundments may present an imminent and substantial endangerment to health or the environment, as evidenced by the dozens of dead, oiled birds and bats found in several of the impoundments during a May 2002 U.S. Fish & Wildlife criminal inspection and a June 2002 EPA civil inspection. WCI has only partially complied with the Order - oily waste remains in four (4) of the impoundments.

Primary contacts are: Catherine Garypie, Office of Regional Counsel 312-886-5825, and Mike Beedle, Waste, Pesticides and Toxics Division - Enforcement and Compliance Assurance Branch 312-353-7922.

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.

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.

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

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


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

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

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

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

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.

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

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

Primary contact: Brad Beeson (440) 250-1761

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

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

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.

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

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

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

Contact: Brad Beeson (440) 250-1761