Enforcement Action Summary FY 2004 - State of Ohio

State of Ohio

AEP Industries Inc.
Aexcel Corporation
BP Chemicals Inc.
Buckeye Egg Farm, LP
Buscher, Theresa A.; Buscher, John J.; and Western Ohio Metal Finishers
Chevron Environmental Management Company
CNW Inc. and CNW Acquisitions
Curry, Cecil
Ducu, Valentin D.(07/08/04)
Ducu, Valentin D. (08/12/04)
Field, Joel A.
Garn, Allen J.
Greier Ag Center
Harwell, William E.
Henman, Dennis A. (02/24/04)
Henman, Dennis A. (03/26/04)
Hydro-Chem Corporation
Kemira Chemicals, Inc.
Lesaffre Yeast Corporation
Lubrizol Corporation
Mullins Sr., William R. & Mullins Rubber Products, Inc.
Perry, Jeffery S.
Pomeroy, Brent B.
Republic Engineered Products, Inc.
Reddington, Martin
Shetley, Michael C.Soutwest General Health Center
Stolle Products
Wang, Jun
Whitacre, John H., et al (01/23/04)
Whitacre, John H., et al (03/03/04)
Whitacre, John H., et al (05/11/04)

United States Files Amended Complaint and Consent Decree Resolving Clean Air Act Violations at Buckeye Egg Farm. On February 23, 2004, the United States filed an amended complaint and lodged a consent decree with Buckeye Egg Farm, L.P., under the Clean Air Act. Under the consent decree, Buckeye will spend more than $1.6 million to install and test innovative pollution controls to reduce air emissions of particulate matter and ammonia from its three giant egg-laying facilities at Croton, Marseilles, and Mt. Victory, and pay an $880,598 civil penalty. This settlement resolves claims filed by the Department of Justice on behalf of EPA alleging that Buckeye failed to obtain necessary air permits for these facilities and failed to comply with an order directing it to sample its air emissions. Buckeye is the largest commercial egg producer in Ohio. Buckeye's egg-laying operations have the capacity to house more than 12 million chickens in over 100 barns. In 2002, Buckeye's facilities produced 2.6 billion eggs, or 4 percent of the nation's total. Exterior exhaust fans surrounding the barns emit particulate matter and ammonia from the chickens and their wastes. Preliminary air emission tests required by EPA indicated that air emissions of particulate matter (PM) were significant - over 550 tons/year (tpy) from the Croton facility, over 700 tpy from the Marseilles facility, and over 600 tpy from the Mt. Victory facility. Buckeye also reported ammonia emissions of over 800 tpy from its Croton facility, over 375 tpy from the Marseilles facility, and nearly 275 tpy from the Mt. Victory facility. While Buckeye recently sold its three facilities to Ohio Fresh Eggs LLC, Buckeye must bind the purchaser to implement the environmental improvements required under the consent decree. Buckeye remains liable for any violations. Buckeye has agreed to: 1) install a particulate impaction system at all barns at Marseilles and Mt. Victory facilities to control dust emissions (50-70 percent reduction in dust emissions); 2) change bird variety and feed at the Croton facility to control dust emissions (50-70 percent reduction in dust emissions); 3) use an enzyme additive to control ammonia emissions at all three facilities (at least a 50 percent reduction required); 4) conduct extensive testing of all control requirements to determine efficacy of technology and emissions after installation of controls; 5) install new or additional controls if testing demonstrates projected emissions reductions are not achieved; and if emissions are not reduced below 250 tons per year, 6) apply for any required permits prior to termination of the consent decree. This is Region 5's first Clean Air Act case regarding a confined animal feeding operation.

Primary contact: Mary McAuliffe, 312-886-6237;
additional contact: Kevin Vuilleumier, 312-886-6188

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)

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

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

Contact: Brad Beeson (440) 250-1761

Region 5 signs a Consent Agreement and Final Order with Allen J. Garn of Mansfield, Ohio.
On November 12, 2003, Region 5 signed a Consent Agreement and Final Order (CAFO) with Allen J. Garn that both initiates and fully resolves the TSCA administrative action. In February 2003, Region 5 sent Mr. Garn a pre-filing notice letter informing him that he failed to make certain disclosures regarding lead-based paint in a rental contract. U.S. EPA also informed Mr. Garn that based on information currently available, U.S. EPA planned to propose a penalty of approximately $34,100 in an administrative complaint. Mr. Garn contacted U.S. EPA in response to the pre-filing letter and provided documentation about his financial condition including tax returns and an Individual Ability to Pay Claim form. He explained that: 1) he had been on disability since 1989 after he suffered a heart attack; 2) he recently gained custody of his grandchildren ages 8 and 6 and now would need to support them; 3) his wife is on social security; and 4) they are on a very limited income. In consideration of the Enforcement Response Policy, Mr. Garn’s financial situation and other factors as justice may require, Region 5 agreed to reduce the civil penalty to $300.00 in settlement of the case.
Contact: Cathleen Martwick, primary contact (312) 886-7166; Joanna Bezerra, additional contact (312) 886-6004

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.

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

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

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

Contact: Brad Beeson (440) 250-1761

Region 5 signs a Consent Agreement and Final Order with Kemira Chemicals. Region 5 initiated this enforcement action in August of 2003. On January 23, 2004, Region 5 signed a consent agreement and final order (CAFO) with Kemira Chemicals, Inc. of Kennesaw, Georgia to settle violations of Section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136j(a)(1)(E). The alleged violations arose out of the sale of Kemira’s pesticide product AMA-9 by supplemental distributor Hydro-Chem Corporation of Fairview Park, Ohio. The product was mislabeled with incorrect EPA Registration and Establishment numbers and failed to include the correct caution statement warning of flamability. Kemira Chemicals will pay a penalty of $4455, which represents the proposed penalty of $4950 reduced by 10% for cooperation.

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

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

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

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

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

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 enters into a Consent Agreement and Final Order with Stolle Products, Sidney Ohio. On July 17, 2003, Region 5 filed a civil administrative complaint against Stolle Products, Sidney, Ohio, alleging violations of Section 103(a) of the Comprehensive Envrionmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9603(a); Section 304(a) of Emergency Planning Community Right-to-Know Act (EPCRA), 42 U.S.C. § 11004(a); and seeking assessment of a $40,907.10 civil penalty.  The alleged violations were based on Stolle Products’ failure to immediately notify the National Response Center and the Ohio State Emergency Response Commission of a March 22, 2003, release of 280 pounds of nitrogen dioxide. Stolle Products’ demonstrated cooperation, agreement to perform a Supplemental Environmental Program (SEP) and quick settlement of the action supported mitigation of the proposed penalty to $31,282. On February 10, 2004, Region 5 entered into a consent agreement and final order (CAFO) with Stolle Products requiring payment of $9,280, performance of a SEP consisting of the purchase of a Miran Sapphire detector with a 100 gas library and an Industrial Scientific TMX-412 gas detector for the Sidney Fire Department at a cost of $24,872, and continued compliance with CERCLA and EPCRA.  The settlement will promote greater awareness of the need to immediately notify response authorities upon a release and encourage future compliance with CERCLA and EPCRA.

Primary contact: Diana Embil, 312 886-7889;
additional contact: James Entzminger, 312-886-4062

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

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

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

Contact: Brad Beeson, 440-250-1761

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

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

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

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

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

Region 5 enters a second CERCLA Administrative Order on Consent for PRP-lead removal work to address wastes stored at an abandoned chemical warehouse in Canton, Ohio. Under an AOC issued on March 16, 2004, AEP Industries, Inc., agreed to implement a removal action to address approximately 200 drums of waste material associated with AEP that were stored at the Smith Chemical warehouse in Canton. In February U.S. EPA entered into a similar AOC with Freeman Environmental for drum and hazardous material removal work at the Smith Chemical warehouse. The warehouse is an abandoned four-story building located in a residential area of Canton, that had contained 700 to 800 55-gallon drums of assorted hazardous and flammable wastes, as well as several hundred smaller containers of hazardous and laboratory chemicals. U.S. EPA is continuing with a removal action, lead by Superfund, at the site. U.S. EPA hopes to enter into one more AOC with another PRP for work at the site.

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

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.

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

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

Region 5 Signs a Consent Agreement and Final Order with BP Chemicals, Inc. On September 29, 2003, Region 5 issued a two-count administrative complaint against BP Chemicals, Inc. (BPC) for violations of the Prevention of Significant Deterioration (PSD) requirements at 40 C.F.R. § 52.21(i) that were incorporated into the Ohio State Implementation Plan and the New Source Performance Standards at 40 C.F.R. § 60.44e(b) at its chemical manufacturing plant in Lima, Ohio. More specifically, the Region alleged that BPC began construction of its butanediol manufacturing plant 15 days prior to the effective date of the final PSD permit in Count I and discharged gases from its absorber off-gas incinerator that contained nitrogen oxides (NOx) in excess of the emission limit prescribed by 40 C.F.R. § 60.44e(b) from March 19, 1999 through November 24, 2001(101 days) in Count II. The complaint includes a proposed penalty of $156,200. On December 17, 2003, the State of Ohio (Ohio) and BPC entered into an agreement, known as a consent order, resolving, among other things, violations of NOx emission limits that are substantially the same as the violations alleged in Count II of the Region’s complaint. In consideration of this consent order, the Region has agreed to withdraw Count II of its complaint and to mitigate the proposed penalty from $156,200 to $48,400. In consideration of BPC’s cooperation with U.S. EPA and litigation risks, the Region has agreed to mitigate the penalty of $48,400 to $30,000. The Consent Agreement and Final Order (CAFO) was signed by the Acting Regional Administrator on May 4, 2004.

Contact: Christine Liszewski, primary contact 312-886-4670; Kevin Vuilleumier, additional contact 312-886-6188

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

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

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

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

Contact: Brad Beeson 440-250-1761.

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

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

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

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

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

Contact: Brad Beeson 440-250-1761.

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

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

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

Contact: Brad Beeson 440-250-1761.

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

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

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

Contact: Brad Beeson 440-250-1761

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

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

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

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

Region 5 issues Clean Air Act Notice of Violation/Finding of Violation to Lesaffre Yeast Corporation. Region 5 issued a Notice of Violation (NOV)/Finding of Violation (FOV) to Lesaffre Yeast Corporation of Milwaukee, Wisconsin on June 24, 2004. The NOV/FOV alleges that Lesaffre violated the Wisconsin State Implementation Plan and Section 502 of the Clean Air Act by exceeding emissions limitations for VOCs at a fermenter during dozens of fermentation batches from 1999-2003. This action is significant because the Lesaffre facility is one of the largest sources of airborne pollutants in Wisconsin. The NOV/FOV offers Lesaffre the opportunity to confer with EPA regarding the alleged violations.

Contact: Catherine Garypie, Associate Regional Counsel 312/886-5825;
Manoj P. Patel, Environmental Engineer, 312/353-3565

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

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

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

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

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

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

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

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

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

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

Primary contact: Brad Beeson (440) 250-1761

Region 5 enters CERCLA Administrative Order on Consent for PRP-lead removal action to address waste oil site in Sandusky County, Ohio. On July13, 2004, Region V entered into an AOC with the Lubrizol Corporation for the completion of a removal action at the Greiner’s Lagoon Site near Fremont, Ohio. The site, consisting of four diked lagoons, was originally developed in 1954 to collect and store waste oil from nearby industry. U.S. EPA conducted a series of temporary stabilization measures in the late 1980's and Lubrizol agreed to conduct an Engineering Evaluation/Cost Analysis (EE/CA), which it submitted in May 2001. Region V issued an Enforcement Action Memorandum in February 2003 which documented the preferred non-time critical removal action for the site, consisting of a phytoremediation cap, groundwater monitoring and institutional controls. Lubrizol has agreed to conduct the removal and has initiated discussions with the current landowner regarding the filing of a restrictive covenant to prohibit certain prospective uses of the property. Lubrizol has also agreed to compensate U.S. EPA 100% of its past and future costs.

Contact: Marcy Toney, Associate Regional Counsel, at 312-886-3186; additional contact: Thomas G. Williams, OSC, 312-886-6157

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

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

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

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

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

Contact: Brad Beeson (440) 250-1761

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.

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

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

Region 5 issues Notice of Violation to CNW, Inc. and CNW Acquisition, LLC, Cincinnati, Ohio. In July of 2003, CNW, Inc. and CNW Acquisition, LLC, collectively “CNW” voluntarily disclosed to U.S. EPA violations of the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and the Emergency Planning and Community Right to Know Act. These violations included failure to obtain required permits; failure to comply with hazardous waste training, labeling and reporting requirements; and failure to submit Toxic Release Inventory forms. CNW voluntarily disclosed these violations under U.S. EPA’s April 11, 2000 Small Business Compliance Policy (65 Fed. Reg. 19630). The Small Business Compliance Policy promotes compliance among small businesses with the laws and regulations which protect human health and the environment by providing incentives for voluntary discovery, prompt disclosure, and prompt correction of violations. If certain specific criteria are met, reductions in gravity based penalties of up to 100% are available under the Small Business Compliance Policy. Violations that caused actual serious harm to the environment or present an imminent and substantial endangerment to the environment are not eligible for relief under the Policy. On August 13, 2004, after reviewing CNW’s voluntary disclosure under the Policy, the Region issued a Notice of Violation and Final Determination that CNW’s disclosure met all the conditions of the Policy and that the Region would therefore not seek any penalty for the disclosed violations.

Contact: Erik Olson, 312-886-6829

Region 5 files a Consent Agreement and Final Order to commence and conclude case against Aexcel Corporation, Mentor, Ohio. On September 28, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing and concluding an administrative penalty action against Aexcel Corporation for violations of the National Volatile Organic Compound (VOCs) Emissions Standards for Architectural Coatings, 40 CFR Part 59, Subpart D. VOCs are contaminants that evaporate into the aireasily. The CAFO requires Aexcel to pay a penalty of $20,000 and complete a Supplemental Environmental Project (SEP) costing $51,000. Aexcel’s SEP involves reformulating architectural coating products such that they result in a reduction of 25,000 pounds of VOCs per year (based upon 2003 sales of products replaced). On March 29, 2004, Region 5 issued a Finding of Violation (FOV) to Aexcel for allegedly improperly labeling containers of architectural coatings and exceeding the VOC content limits for certain coatings. In response to the FOV, Aexcel modified its labels to contain the required information, discontinued the sale of some coatings, and has made payments of past due VOC exceedance fees. These efforts remedied the violations. As a result of Aexcel’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 $87,306 to a settlement penalty of $54,567. Region 5 further determines that it was appropriate and consistent with the SEP Policy to mitigate the settlement penalty to $20,000, in light of the commitment to perform the SEP.
Contact: Mony Chabria, 312-886-6842.

Enforcement in Region 5
EPA Compliance and Enforcement

Enforcement Action Summary FY 2004 - State of Ohio

Local Navigation