Enforcement Action Summary FY 2006 - January

January 2, 2006

Region 5 files a Consent Agreement and Final Order to settle case against Doboy, Inc., New Richmond, Wisconsin.

On December 22, 2005, Region 5 filed a Consent Agreement and Final Order (CAFO) resolving an administrative penalty action against Doboy, Inc., (Doboy) for violations of the Wisconsin Administrative Code Section NR 610.05 [40 C.F.R. § 262.11]. The CAFO requires Doboy to pay a penalty of $52,246. On July 1, 2005, Region 5 issued an Administrative Complaint against Doboy alleging violations of the requirement for generators of solid waste to determine whether that waste is a hazardous waste. Specifically, Region 5 alleged that Doboy generated waste paint filters at its facility and failed to determine whether the waste paint filter was hazardous after Doboy changed its paint and primer raw material. When later tested, Doboy determined that the waste paint filters were hazardous, exceeding the Toxicity Characteristic Leaching Procedure (TCLP) limits for Barium. Doboy is currently is in compliance with these RCRA requirements. In the complaint, Region 5 sought a penalty of $189,372. During the settlement negotiations and Alternative Dispute Resolution in this matter, Doboy raised legal and equitable issues which caused Region 5 to change its approach to penalty calculation in the case. As a result of considering these issues and Doboy’s cooperation in the investigation and enforcement process, Region 5 determined that it was appropriate and consistent with the penalty policy to mitigate its proposed penalty to a settlement penalty of $52,246.
Contact: Mony Chabria, 312-886-6842

Region 5 files a Consent Agreement and Final Order to commence and conclude case against Multi-Cast Corporation, Wauseon, Ohio.

On December 27, 2005, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and resolving simultaneously an administrative penalty action against Multi-Cast Corporation, for violations the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Secondary Aluminum Production, 40 CFR Part 63, Subpart RRR. Specifically, Multi-Cast allegedly failed to: (1) provide an initial notification to U.S. EPA that it was subject to 40 C.F.R. Part 63, Subpart RRR, (2) demonstrate initial compliance with the applicable dioxin/furan standard by conducting performance tests on each of its group 1 furnaces, (3) provide and maintain visible labels posted at its group 1 furnaces, and (4) submit a notification of compliance status report for its group 1 furnaces. The CAFO requires Multi-Cast to pay a penalty of $10,000. On June 6, 2005, U.S. EPA issued a Notice of Violation to Multi-Cast. In response to the NOV, Multi-Cast raised a variety of issues, including ability to pay and the fact that it acquired the assets of the corporation on January 1, 2005. The U.S. EPA analysis of Multi-Cast’s ability to pay resulted in a conclusion that Multi-Cast has little ability to pay a penalty. As a result of this analysis and Respondent’s cooperation, Region 5 agreed to reduce its calculated penalty of $79,040 to $10,000, and resolve this matter without filing a complaint. Contact: Mony Chabria, 312-886-6842

Joint Complaint/CAFO for UST Administrative case with Milwaukee involving SEP.

On December 9, 2005, U.S. EPA filed a joint complaint/CAFO settling an administrative case against the City of Milwaukee for violations involving its management of underground storage tanks at several city owned and operated facilities. Under the settlement, Milwaukee will pay a penalty of $9,000; conduct a SEP valued at $51,855; and conduct Phase II environmental investigations at three abandoned properties with contamination resulting from leaking underground storage tanks.

In April 2002, U.S. EPA and Wisconsin inspectors conducted inspections at several facilities owned and operated by the City of Milwaukee at which underground storage tanks were being operated. These inspections were followed with the issuance of information request letters. As a result of the inspections and after reviewing the responses to the information requests, U.S. EPA determined that Milwaukee failed to install an overfill protection system on one tank, failed to prevent overfilling at one tank, and failed to conduct release detection monitoring at several underground storage tanks at multiple facilities. The parties entered into prefiling negotiations and a settlement resulted. Under the settlement, the City will carry out a SEP that reduces the overall risk to public health or the environment potentially affected by the violations at issue. Milwaukee would not otherwise be required to conduct this environmental quality assessment work, but for the settlement agreement, as it does not currently own the properties where the assessments will be conducted. It may pursue acquiring the properties for nonpayment of taxes in anticipation of and to encourage future redevelopment.

Contact: Thomas J. Kenney, ORC, (312) 886-0708.

January 9, 2006

Three Trucking Companies and Former Owner Indicted For Knowingly Discharging Boron Ash Wastewater Without a Permit. Curry Ready Mix & Builders’ Supply, Inc., was a bulk hauling and concrete-mixing company in Carlinville, Illinois, and an owner and operator of a bulk hauling facility at 3600 N. Dirksen Pkwy. in Springfield, Illinois (the Curry facility). Curry Ice & Coal of Springfield, Inc., and Lippold & Arnett, Inc., were bulk hauling companies, subsidiaries of Curry Ready Mix and also operators of the Curry facility. Gerald Lippold was a former owner of Lippold & Arnett, Inc., and a consultant to Curry Ready Mix who exercised substantial authority over the operations of the Curry facility. On January 4, 2005, a grand jury in Springfield in the Central District of Illinois issued a one‑count felony indictment alleging that Curry Ready Mix, Curry Ice & Coal, Lippold & Arnett and Gerald Lippold knowingly discharged a pollutant to a water of the United States without an NPDES permit, violating the Clean Water Act, 33 U.S.C. Sections 1311(a) and 1319(c)(2).

The indictment alleged that beginning in 2001, coal combustion ash in a large excavation at the Curry facility contaminated several million gallons of ponded rainwater in that excavation with excessive boron levels. The indictment also alleged that between March and May 2003 and on Lippold’s orders, the Curry facility discharged a substantial portion of the boron ash wastewater into an unnamed tributary of the Sangamon River using sprayer trucks, a hose and a buried discharge pipe. The indictment also alleged that Lippold ordered this discharge after IEPA told Curry Ready Mix and Curry Ice & Coal that IEPA would not issue an NPDES permit to discharge the boron ash wastewater and after IEPA refused to issue a provisional variance to allow the Curry facility to discharge the boron ash wastewater in violation of water quality standards. If convicted, Lippold faces imprisonment for up to three years and all defendants face a criminal fine of up to $50,000 per day of violation. A defendant is presumed innocent until proven guilty. U.S. EPA's Criminal Investigation Division, the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency and the Illinois State Police jointly investigated this matter.

Primary contact: Kris Vezner, Criminal Enforcement Counsel, (312) 886‑6827

January 16, 2005

Region 5 files Consent Agreement and Final Order with Thorworks Industries, Inc. On January 10, 2006, Region 5 and Thorworks Industries, Inc., (“Thorworks” or “Respondent”) entered into a pre-complaint Consent Agreement and Final Order (“CAFO”) resolving U.S. EPA’s claims alleging that Thorworks violated the Emergency Planning and Community Right-To-Know Act of 1986, (“EPCRA”), 42 U.S.C. § 11045, et seq., by failing to file completed Emergency and Hazardous Chemical Inventory forms for stored coal tar sealer for the years 2001, 2002, and 2003. In the CAFO Thorworks agrees to implement the following four supplemental environmental projects (“SEPs”): (1) During calendar years 2006 and 2007, Respondent will conduct periodic assessment of their environmental programs to insure compliance; (2) by December 31, 2006, Respondent will design, build, and utilize a pilot plant operation for the asphalt based sealers; (3) by December 31, 2006, Respondent will purchase and install a card board bailer; and (4) during calendar years 2006 and 2007, Respondent will provide training to the local fire and rescue teams. U.S. EPA values the SEPs at, and Thorworks agrees to spend at least, $42,449 on the projects. Thorworks also agrees to pay a civil penalty in the amount of $9,389.63.

Contact: Jeffrey A. Cahn, primary contact 312-886-6670; James Entzminger, additional contact 312-866-4062

Region 5 signs a Combined Complaint and Consent Agreement with Michigan Marine Terminal. On January 3, 2006, Region 5 signed a combined complaint and CAFO (consent agreement and final order) resolving violations of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 violations at Michigan Marine Terminals facility in Detroit, Michigan. The administrative complaint alleged five violations of EPCRA Section 312. The alleged violations involved Michigan Marine Terminal’s failure to submit the completed Emergency and Hazardous Chemical Inventory Form to the State Emergency Response Commission, the Local Emergency Planning Committee, and the local fire department with jurisdiction over the facility for calendar years 2000-2002 calendar years by the March 1 deadline. In particular, Michigan Marine Terminals failed to report liquid asphalt cement which contains hydrogen sulfide a toxic and hazardous substance. The facility is located on the shoreline of the Rouge River in Detroit, Michigan with bulk storage and transfer tanks located adjacent to the River. The CAFO includes a payment of a penalty of approximately $7,500 and implementation of eight supplemental environmental projects (SEPs). The SEPs have a cash value of approximately $30,000. From an environmental perspective the SEPs should significantly reduce the likelihood of releases from the facility and improve environmental conditions at the facility.

Contact: Rich Clarizio, 312-886-0559 or James Entzminger, 312-886-4062.

January 23, 2006

CERCLA/EPCRA CAFO filed resolving allegations concerning release of anhydrous ammonia at Antigo Cheese Company, Antigo, Wisconsin.

Respondent to construct a SEP costing $82,810, operate the SEP for 5 years, and pay the United States a $20,000 civil penalty. On January 4, 2006, U.S. EPA Region 5 filed with the Regional Hearing Clerk a CAFO resolving the matter of Antigo Cheese Company, Antigo, Wisconsin, simultaneously commencing and concluding the action, without filing a complaint, concerning alleged violations of CERCLA and EPCRA stemming from an unexpected release at Antigo Cheese of over 2,000 lbs of the CERCLA hazardous substance anhydrous ammonia. Antigo Cheese Company is an employee owned and operated cheese maker, which utilizes the milk of one hundred thousand dairy cows (100,000 cows) in the production of its cheese.

Pursuant to the terms of the CAFO, Respondent Antigo Cheese is to pay the United States a civil penalty in the amount of $20,000, for alleged violations of EPCRA Section 304(a) and (c), and CERCLA Section 103(a). Antigo Cheese will pay $17,000 to the U.S. Treasury for alleged violations of the notice and reporting requirements of EPCRA and a $3000 civil penalty will be paid to the U.S. EPA Hazardous Substances Superfund for alleged CERCLA violations. Antigo Cheese will also construct and operate for five (5) years a Supplemental Environmental Project (SEP), designed to control the amount and timing of pH effluent released from the cheese-making facility to the City of Antigo's wastewater treatment plant. Antigo Cheese Company must spend at least $82,810 to construct the SEP. The system will have a 17,000 gallon holding tank, into which all effluent is pumped, checked for pH, and regulated as need be, prior to discharge to the City's wastewater treatment plant. The pH Control System will also provide for catastrophic release containment. Antigo Cheese will furnish U.S. EPA, through January 2009, an annual report concerning operation of the SEP.

Contacts: Jerome Kujawa, ORC, (312) 886-6731 and Ruth McNamara, OSF, (312) 353-3193.

Region 5 signs a Consent Agreement and Final Order resolving violations of the Clean Air Act by Degussa Engineered Carbons, LP

Degussa is a carbon black manufacturing facility located in Belpre, Washington County.Ohio. On September 27, 2004, EPA filed a seven count administrative complaint seeking penalties for violations of the Clean Air Act, specifically violations of the Ohio SIP hourly emission limits for SO2 and oil feedstock sulfur content limits contained in Degussa’s 1997 Permit to Install (PTI) and its Title V permit for the period beginning in April 2002 and continuing until a modified PTI became final in August 2003. On January 18, 2006 the Regional Administrator signed an order approving a consent agreement.

The consent agreement assesses a penalty of $105,000. for the violations. In addition, Degussa agrees to perform a Supplemental Environmental Project (SEP). The SEP is a wood stove changeout program in southeastern Ohio. It will provide rebates or new stoves to replace existing highly polluting wood stoves in approximately 100 low income residences in southeast Ohio resulting in as estimated reduction of 8,000 pounds of fine particulates annually. The settlement anticipates that all the changeouts will occur in Washington County, all of which is within 50 miles of Belpre, where the plant is located. Washington County is nonattainment for PM2.5 and ozone. Degussa will spent $245,000 on the implementation of the SEP.

Contact: John Tielsch, ORC, (312) 353-7447

On January 11, 2006 Region 5 filed a Consent Agreement and Final Order to conclude case against IRET Properties, a North Dakota Limited Partnership and Weis Management Corporation

On January 11, 2006, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an administrative penalty action against IRET Properties, a North Dakota Limited Partnership, Minot, North Dakota and Weis Management Corporation, Rochester, Minnesota (Respondents) for violations of the Residential Lead Based Paint Hazard Reduction Act of 1992 and, specifically, the lessor disclosure requirements regulations. The violations consisted of not informing some of the tenants at the Heritage Manor Apartments, Rochester, Minnesota at the time they leased their apartments of the potential lead based paint hazard. The CAFO requires the Respondents to pay a penalty of $6,799 and complete a Supplemental Environmental Project (SEP) valued at over $25,000. The Respondents = SEP consists of inspecting the apartments and apartment buildings for lead based paint and, if found, abating the lead based paint hazard. On March 24, 2004, EPA sent a pre-filing notice letter to the Respondents for not complying with the Residential Lead Based Paint Hazard Reduction Act of 1992 concerning the notification of tenants of a potential lead based paint hazard. By instituting the inspections and abatement of a lead based paint hazard, the Respondents will prevent or limit the dangers of lead based paint to their tenants and especially to their tenants' children.

Contact: Michael Berman, 312-886-6837.

Hazardous Waste Reclamation Company and Five Officials Indicted for Hazardous Waste Transportation, Storage and Disposal Conspiracy.

On January 20, 2006, a grand jury in the Central District of Illinois returned an 11-count indictment against a hazardous waste reclamation company and five of its former officers and employees. The first count of the indictment charges Hydromet Environmental (USA), Inc.; William A. Morgan, its former CEO; John E. Pugh, its former plant manager; Julianna H. Bauter, its former environmental compliance official; Douglas Bennett, its former chemist; and Ronald I. Martin, a former warehouse supervisor, with engaging in a criminal conspiracy to knowingly transport hazardous wastes without required manifests; to knowingly transport hazardous wastes to facilities not permitted to store and dispose of hazardous wastes; to knowingly store and dispose of hazardous wastes without a required permit; and to knowingly make false and fraudulent statements within the jurisdiction of the U.S. Environmental Protection Agency (U.S. EPA). The indictment also charges these defendants with specific crimes arising out of the conspiracy, including criminal violations of the Resource Conservation and Recovery Act (RCRA) and making false and fraudulent statements within U.S. EPA's jurisdiction. The crimes alleged in the indictment violate RCRA, 42 U.S.C. '' 6928(d)(1), 6928(d)(5), as well as the federal criminal code, 18 U.S.C. '' 2(a), 371 and 1001.

According to the indictment, Hydromet owned and operated an unsuccessful hazardous waste reclamation facility in Newman, Illinois. To continue operation and avoid the costs of safely disposing of hazardous wastes, the defendants stored hazardous wastes in a dilapidated warehouse in East Chicago, Indiana; hid other hazardous wastes on-site from the Illinois Environmental Protection Agency (IEPA), then disposed of the wastes by falsely declaring them to be non-hazardous materials, including by sending them to a non-hazardous landfill in Indianapolis, Indiana; and falsely told IEPA that the Newman facility was fully operational and ready to receive hazardous wastes when in fact many necessary components and items of equipment were missing, broken or inoperable. If convicted, the defendants each face prison terms of up to five years and criminal fines of up to $50,000 per day. U.S. EPA’s Criminal Investigation Division, the Illinois Department of Natural Resources and IEPA jointly investigated this matter.

Contact: Kris Vezner, Criminal Enforcement Counsel, (312) 886-6827.

ConAgra Foods, Inc. Sentenced for Clean Water Act Violations at Minnesota Facility

On January 18, 2006, ConAgra Foods, Inc., owner and operator of a food ingredient and flour mill in Hastings, Minnesota, was sentenced to pay a $138,513 criminal fine, $1,487 in restitution to MPCA, $55,000 in community service to the National Park Foundation and $55,000 in community service to Friends of the Mississippi River for violating the Clean Water Act. ConAgra pleaded guilty to a one count information in the United States District Court, District of Minnesota on September 1, 2005. The information charges ConAgra with violating 33 U.S.C. ' 1319(c)(1)(A) and 18 U.S.C. ' 2 between June 2000 and April 2003 by negligently violating a National Pollutant Discharge Elimination System (NPDES) permit by failing to report and maintain documentation of sampling results submitted on discharge monitoring reports (DMRs) to the Minnesota Pollution Control Agency (MPCA) as required pursuant to the terms of its NPDES permit. During an inspection of the facility conducted by MPCA in May 2003, an inspector observed temperature readings in a log book that were in excess of ConAgra's permit limit and which were not reported on DMRs.

Contact: David Mucha (312) 886-9032.

U.S. District Court enters consent decree for remedial action at the Verona Well Field Site in Michigan.

The Verona Well Field Superfund Site, which is listed on the NPL, is located in Battle Creek, Michigan and includes an area that is the primary source of drinking water for the city of Battle Creek. In 1981-1982, 27 of the nearby 30 Verona Well Field City production wells, as well as 80 private residential wells, were found to be contaminated by a number of volatile organic compounds. On June 28, 1991, U.S. EPA issued the final ROD for the Site. In 1992, U.S. EPA issued two Unilateral Administrative Orders (UAOs) to potentially responsible parties requiring the PRPs to design and implement the final soil and groundwater remedies to protect the well field and cleanup the source areas. The PRPs have been complying with the UAOs.

On January 26, 2006, the United States District Court for the Western District of Michigan, Southern Division entered a Consent Decree for the Verona Well Field Site. Pursuant to the terms of the Consent Decree, the Settling Defendants, who have been conducting the remedy at the Site pursuant to two Unilateral Administrative Orders, will agree to perform the selected remedy, pay $40,000 of United States Environmental Protection Agency’s (“U.S. EPA”) past costs incurred at the Site and pay oversight costs incurred by the U.S. EPA at the Site. An orphan share of $1,947,448.85 was granted to the Settling Defendants. In addition, pursuant to an agreement with the State and the City of Battle Creek, the Settling Defendants have agreed to implement a remedy that goes beyond the requirements of the Record of Decision selected remedy.
Contact: Peter Felitti, ORC, (312) 886-5114

Complaint against EPA and Army Corps of Engineers Alleges Constitutional Challenges of Clean Water Act and Violations of Administrative Procedure and Regulatory Flexibility Acts

On January 9, 2006, Richard M. Osborne, Sr., his son, Richard M. Osborne, Jr., and several Osborne-owned companies filed a civil complaint against EPA, Stephen L. Johnson, Administrator, Thomas V. Skinner, Regional Administrator, the U.S. Army Corps of Engineers, Lt. General Carl A. Strock, Commander and Chief of Engineers, and Lt. Timothy Touchette, Commander, Buffalo District in the U.S. District Court for the Northern District of Ohio, in Cleveland. (Midwest Industrial Campus Co., Ltd., et al. v. Stephen L. Johnson, Administrator, et al., No. 1:06CV051, E. Div., N.D. Ohio.) The complaint asserts four claims for injunctive and declaratory relief. The complaint alleges: (1) a “facial” constitutional challenge of Sections 308, 309 and 404 of the Clean Water Act (CWA), 33 U.S.C. §§ 1318, 1319 and 1344, for violation of due process requirements under the Fifth Amendment; (2) a “pattern and practice” constitutional challenge of those same CWA provisions for violation of due process and the right against self-incrimination under the Fifth Amendment; and violations of (3) the Administrative Procedure Act, 5 U.S.C. § 551, et seq. and (4) the Regulatory Flexibility Act, 5 U.S.C. § 601, et seq. by the use and application of the Corps’ Wetlands Delineation Manual, Wetland Research Program Technical Report Y-87-1 (1987 Wetlands Manual). By way of background, on September 9, 2005, EPA, Region 5, Water Division issued Findings of Violations and a Compliance Order under Section 309(a) of the CWA, to Mr. Osborne and his son, several Osborne-owned or related companies, the City of Willoughby, Ohio, and others, regarding the Riverside Commons Industrial Development Site in the City of Willoughby, Lake County, Ohio.

Primary Contact: Diana Embil, (312) 886-7889; Secondary Contact: David Schulenberg, (312) 886-6680

January 30, 2006

Amber Plating Works, Inc. and Two Managers Sentenced for Illinois Hazardous Waste Violations

In January 2006, Amber Plating Works, Inc., Richard Villareal, and David Villareal Chapp, pleaded guilty and were sentenced for State of Illinois hazardous waste criminal violations for illegal storing chromium, lead and acidic hazardous wastes at Amber Plating’s electroplating facility located at 3100 N. Tripp, Chicago, Illinois. Amber Plating Works, Inc. pleaded guilty to a one-count felony of 415 ILCS 44(d)(1)(a) for unauthorized use of hazardous waste for knowingly storing hazardous waste at its facility without permit. Richard Villareal, former General Manager, and David Villareal Chapp, former Plant Manager, pleaded guilty to one-count misdemeanors of Reckless Conduct 720 ILCS 5/12-5 by recklessly endangering bodily safety by not properly labeling its wastes on site. On January 17, 2006, Amber Plating and David Villareal Chapp were sentenced to one year of probation and payment of costs and fees. On January 30, 2006, Richard Villareal was sentenced to one year of probation and payment of $1,250 in restitution to the Illinois Hazardous Waste Fund. In addition, the defendants are required to conduct an environmental cleanup of waste at the now-defunct Amber Plating facility in accordance with all applicable Illinois Hazardous Waste Laws with oversight from Illinois EPA, City of Chicago and MWRD. Contact: David Mucha (312) 886-9032.

Region Resolves EPCRA 312 Case Against American Electric Power (Cheshire, OH).

On September 29, 2005, the Regional Administrator signed a Consent Agreement and Final Order (CAFO) in which the Ohio Power Company d/b/a American Electric Power (AEP) agreed to pay a penalty of $16,013 and perform supplemental environmental projects (SEPs) for violations of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act and Section 304(a) of the Emergency Planning and Community Right-to-know Act of 1986 at its Gavin Power Plant in Cheshire, Ohio. Specifically, Region 5 alleged that on June 3, 2004, the AEP Gavin Plant released approximately 1,270 pounds of anhydrous ammonia (reportable quantity: 100 pounds) and that AEP had knowledge of the release at approximately 3:00 p.m. AEP did not notify the National Response Center of the release until 10 a.m. on June 4, 2004, or the Ohio state emergency response commission and local emergency planning committee until June 3, 2004, at 6:47 p.m. and 6:46 p.m., respectively. In performance of the SEP, AEP will install acoustic detectors on the safety relief valves of the facility's three hydrolyzers. The detectors are designed to work in conjunction with safety relief valves to protect equipment and personnel from the possibility of vessel rupture. AEP also will install 13 ammonia detectors in the hydrolyzer, urea mixing, and ammonia spool areas, which will warn employees of potential ammonia exposure if there are any system malfunctions. The total cost of the SEP is $66,745. The parties agreed that settling the matter, without further litigation, was in the public interest. The CAFO became effective on September 30, 2005.

Primary contact: Ann Coyle, 312-886-2248; secondary contact: James Entzminger, 312-886-4062.

Region Resolves FIFRA Case Against Big Lots Stores, Inc. (Columbus, OH).

On May 19, 2005, Region 5 filed an Administrative Complaint against Respondent Big Lots Stores, Inc. (Big Lots), under Section 14(a) of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. ' 136l(a), alleging violations of Sections 12(a)(1)(A) and (E) of FIFRA, 7 U.S.C. '' 136j(a)(1)(A) and (E), at several Big Lots stores in Illinois and California. On July 5, 2005, Region 5 filed an amended complaint in this matter, adding an additional count, which was subsequently dropped in negotiations. Region 5 sought a total civil penalty of $120,700 for the alleged violations. Specifically, Region 5 alleged that Big Lots violated 12(a)(1)(A) of FIFRA by selling unregistered pesticides at its store in Glendale Heights, Illinois, and by selling pesticides, the registrations of which had been cancelled, at its stores in Cresthill and Lombard, Illinois. EPA also alleged that Big Lots violated 12(a)(1)(E) of FIFRA by selling a misbranded and improperly labeled pesticide at its store in Fresno, California. The parties agreed that settling the matter, without further litigation, was in the public interest. On December 8, 2005, the Regional Administrator signed a Consent Agreement and Final Order in which Big Lots agreed to pay a penalty of $75,720. The CAFO became effective on December 15, 2005. Primary contact: Ann Coyle, 312-886-2248; Secondary contact: Terrence Bonace, 312-886-3387.

Region Resolves CERCLA 103/EPCRA 304 Case Against the City of Cincinnati (Cincinnati, OH).

On January 9, 2006, the Regional Administrator signed a Consent Agreement and Final Order (CAFO) in which the City of Cincinnati, Ohio, agreed to pay a penalty of $10,822 for violations of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act and Section 304(a) of the Emergency Planning and Community Right-to-know Act of 1986 at its Richard Miller Water Treatment Plant in Cincinnati, Ohio. Specifically, Region 5 alleged that on December 4, 2004, the City released approximately 96,557 pounds of aluminum sulfate (reportable quantity: 5,000 pounds) and that the City had knowledge of the release at approximately 6:00 p.m. The City did not notify the National Response Center of the release until 9:30 p.m. on December 8, 2004, the Ohio state emergency response commission until December 5, 2004, at 2:30 p.m., or the local emergency planning committee until December 9, 2004, at 2:30 p.m. Region 5 proposed a penalty of $66,594; however, in consideration of Respondent's cooperation and other factors as justice may require, including significant recent safety investments protective of human health and the environment valued at $93,950, Region 5 agreed to mitigate the penalty to $10,822. The parties agreed that settling the matter, without further litigation, was in the public interest. The CAFO became effective on January 11, 2006.

Primary contact: Ann Coyle, 312-886-2248; secondary contact: Ginger Jager, 312-886-0767.

Electroplating Employee Charged with Tampering.

On January 27, 2006, Ted Matthew Gibbons, an employee of an electroplating facility located in Fridley, Minnesota, was charged with three felony violations of the Clean Water Act. According to the charges filed, from January 2001 through April 15, 2005, Gibbons failed to submit all wastewater monitoring conducted at the facility, as required by the facility’s permit. In 2004, at some time prior to September, Gibbons allegedly opened a sampling device installed by the local sewer authority to sample the facility’s discharges, removed some of the industrial wastewater, and replaced it with tapwater. Finally, in January, 2005, Gibbons allegedly again opened a sampling device and removed some of the industrial wastewater. If convicted, Gibbons could be imprisoned for up to three years on each count, and fined on each count an amount up to $50,000 per day or $250,000, whichever is greater. The filing of criminal charges is only an accusation, and the defendant is presumed innocent unless convicted at trial or by a plea. Contact: David M. Taliaferro (312) 886-0815.

Region Resolves TSCA Lead Disclosure Case Against Phelps Lambert, Carol Lambert and Elaine Bush ( Harrisburg, Illinois).

On July 22, 2005, the Acting Regional Administrator signed a Consent Agreement and Final Order (CAFO) in which Phelps Lambert, Carol Lambert and Elaine Bush (Lambert and Bush) agreed to pay a penalty of $1,617 and perform a supplemental environmental project (SEP) for violations of: “Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property” (Disclosure Rule), 40 C.F.R. Part 745, Subpart F; Section 409 of TSCA, 15 U.S.C. ' 2689; and Section 1018 of Title X, Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. ' 4852d, at a residential property they sold in Harrisburg, Illinois. Specifically, Region 5 alleged that Lambert and Bush failed to include within or as an attachment to the contract to sell the house, prior to the purchaser being obligated under contract to purchase the house: a lead warning statement; a statement by Lambert and Bush disclosing the presence of any known lead-based paint and/or lead-based paint hazards or lack of knowledge of such presence; a list of any records or reports available to Lambert and Bush regarding lead-based paint and/or lead-based paint hazards in the house or a statement that no such records exist; a statement by the purchaser affirming receipt of certain information set out in the Disclosure Rule; the lead hazard information pamphlet; and signatures and dates of signatures of Lambert and Bush and the purchaser certifying the accuracy of their statements. In performance of the SEP, Lambert and Bush will replace windows, doors, and siding; install new porch flooring; and remove and replace with sod contaminated soil from the front and back yards of the house they sold. The total cost of the SEP is $38,485. The parties agreed that settling the matter, without further litigation, was in the public interest. The CAFO became effective on July 29, 2005.

Ann Coyle, primary contact, 312-886-2248; Pamela Grace, secondary contact, 312-353-2833.

Region Resolves EPCRA 312 Case Against Molin Concrete Products Company (Lino Lakes, MN).

On July 8, 2005, the Acting Regional Administrator signed a Consent Agreement and Final Order (CAFO) in which Molin Concrete Products Company (Molin Concrete) agreed to pay a penalty of $17,876 for violations of Section 312 of the Emergency Planning and Community Right-to-know Act of 1986 at its Lino Lakes, Minnesota, facility. Specifically, Region 5 alleged that, for calendar year 2002, Molin Concrete failed to timely submit to the Minnesota Department of Public Safety, Homeland Security and Emergency Management Bthe state emergency response commission Band the Lino Lakes Fire Department a completed emergency and hazardous chemical inventory form for the approximately 68,000 pounds of propane, 53,600 pounds of fuel oil, 49,600 pounds of gasoline, 20,340 pounds of pozzolith additive, 405,000 pounds of portland cement, and 339,000 pounds of fly ash that Molin Concrete had on-site at its Lino Lakes, Minnesota, facility during calendar year 2002. The parties agreed that settling the matter, without further litigation, was in the public interest. The CAFO became effective on July 13, 2005. Ann Coyle, primary contact, 312-886-2248; Ruth McNamara, secondary contact, 312-353-3193.

Hazardous Waste Reclamation Company and Five Officials Indicted for Hazardous Waste Transportation, Storage and Disposal Conspiracy.

On January 20, 2006, a grand jury in the Central District of Illinois returned an 11-count indictment against a hazardous waste reclamation company and five of its former officers and employees. The indictment charges Hydromet Environmental (USA), Inc.; William A. Morgan, its former CEO; John E. Pugh, its former plant manager; Julianna H. Bauter, its former environmental compliance official; Douglas Bennett, its former chemist; and Ronald I. Martin, a former warehouse supervisor, with conspiring, from 1999 to 2003, to illegally transport, store and dispose of hazardous wastes in violation of RCRA, and conspiring to make false statements to IEPA. The defendants were also variously charged with making false statements to IEPA and illegally transporting hazardous waste without a manifest.

According to the indictment, Hydromet owned and operated an unsuccessful hazardous waste reclamation facility in Newman, Illinois. To continue operation and avoid the costs of safely disposing of hazardous wastes, the defendants stored hazardous wastes in a dilapidated warehouse in East Chicago, Indiana; hid other hazardous wastes on-site from the IEPA, then disposed of the wastes by falsely declaring them to be non-hazardous materials, including by sending them to a non-hazardous landfill in Indianapolis, Indiana; and falsely told IEPA that the Newman facility was fully operational and ready to receive hazardous wastes when in fact many necessary components and items of equipment were missing, broken or inoperable. For each defendant, conviction carries a potential prison term of up to five years on the conspiracy, transportation-to-an-unpermitted-facility and false statement counts; two years on the transportation-without-a-manifest counts; and criminal fines of the higher of up to $50,000 per day or $250,000. An indictment is only an accusation and the law presumes that a defendant is innocent until convicted at trial. U.S. EPA's Criminal Investigation Division, the Illinois Department of Natural Resources and IEPA jointly investigated this matter.
Contact: Kris Vezner (312) 886-6827.

Region 5 enters Consent Agreement and Final Order with Glenview Real Estate Corporation, Glenview, Illinois

Under authority of Section 16(a) of the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2615(a), Region 5 filed a Consent Agreement and Final Order on January 27, 2006, simultaneously initiating and concluding an action against Glenview Real Estate Corporation, alleging violations of regulations set forth at 40 C.F.R. Part 745, titled “Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property” (the “Disclosure Rule”), promulgated pursuant to Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 4852d. Respondent owns apartments located at and around 2051 South Ash Street, Glenview, Illinois. Region 5 alleged that Respondent failed in 2002 to provide the lessees of seven rental units with: (1) a Lead Warning Statement; (2) a lead-based paint disclosure statement; (3) a list of any records or reports available regarding lead-based paints and/or lead-based paint hazards; (4) a statement by the lessee affirming receipt of the information set out in 40 C.F.R. §§ 745.113(b)(2) and (b)(3) and the Lead Hazard Information Pamphlet; and (5) the signatures of the lessor and the lessee certifying to the accuracy of their statements to the best of their knowledge. Region 5 sought $19,250 in proposed civil penalties. However, in light of Respondent’s cooperation, immediate efforts to comply with the Disclosure Rule, and the expeditious manner in which the parties reached a resolution of this matter, the parties agreed to settle this matter for $13,475 with no admission of liability by Respondent. Respondent certifies it is in compliance with the rule. The penalty represents a substantial sanction, and will deter future violations.

Primary Contact: Kevin Chow, (312) 353-6181; Additional Contact: Pamela Grace, (312) 353-2833.