NEIC
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National Enforcement Investigations Center, Denver
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G.S. Environmental Protection Agency
EPA
300/
1991.1
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Office of Enforcement
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' •'"'•• UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
« OFFICE OF ENFORCEMENT
OFFICE OF CRIMINAL INVESTIGATIONS
National Enforcement Investigations Center
Box 25227, Building 53, Denver Federal Center
Denver, Colorado
SUMMARY OF CRIMINAL PROSECUTIONS
RESULTING FROM ENVIRONMENTAL
INVESTIGATIONS
May 31,1991
The summaries of federal environmental cases are arranged in
chronological order within the U.S. Government's Fiscal Year
(October to September) by the date of the first indictment/information
filed in federal district court for that case. Exceptions to this
sequence occur when related prosecutions are added to the original
prosecution summary.
The summary is based on the best available information. Anyone
reiving on this summary should verify the information with the
Clerk of the Court for the United States district court, where the
official documents are filed.
Updates of this publication are available from Information Services,
(303) 236-3638.
CO
HEADQUARTERS LIBRARY
ENVIRONMENTAL PROTECTION AGENCY-
WASHINGTON, D.C. 20450
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CONTENTS
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•
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ALPHABETICAL INDEX
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
1983
1984
1985
1986
1987
1988
1989
1990
1991
1
11
22
30
52
.... 71
96
122
142
INDEX BY STATUTORY AUTHORITY
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ALPHABETICAL INDEX
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1
Region
v
1
II
1
m IV
I
•
IK
IIV
1
IIV
VII
1 vnl
IIV
1
IK
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX
Defendant(s)/
Case Name(s)
A-l Disposal Corp.
Richard Shumaker
A&A Land Development
Angelo Paccione
Vulpis Brothers, Ltd.
Anthony Vulpis
August Recycling, Inc.
Rosedale Carting, Inc.
Stage Carting, Inc.
National Carting, Inc.
New York Environmental Contractors, Inc.
W&W Properties
ABC Compounding Co.
William S. Armistead
Vincent Armistead
Aerolite Corp.
Arthur Thomas
Tony George Zulim
Samuel T. Alcus
Carson Hay
AEI-KAARS Drilling Ventures
AEI-KAARS Production Co.
Carson Associates, Inc.
American Electric Corp.
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
Bryce Anderson
Robert Zimmerman
John M. Anderson
James Angerami
Kenneth Birchfield
Glenda Newsome
Shawn Lee Rawls
Edwin Eugene Trout
Stephen Douglas Worley
Salvadore Apodaca
Law(s) Charged FY Page No.
A
RCRA, Title 18 89 104
RCRA, Title 18
Title 18 89 114
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
RCRA, CERCLA 86 39
RCRA, Title 18
RCRA, Title 18
CWA 90 131
CWA
CWA 90 139
TSCA, Title 18 84 12
TSCA, Title 18
TSCA, Title 18
TSCA
FIFRA 83 9
FIFRA
FIFRA, CWA, Title 18 84 18
RCRA, Title 21 91 150
CWA 88 81
i
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
I
I
X
VII
III
IV
I
V
X
III
VI
VI
Defendant(s)/
Case Name(s)
Charles Arcangelo
James Arcangelo
Antonio DeLucia
Frank DeFelice
Marco DeLucia
Dennis Champagne
Roger Boisonneault
John Cappella
Robert Veltre
Charles Arcangelo (cont.)
Nicholas Sciarra
Bruce Bieler
Argent Chemical Laboratories, Inc.
Eliot L. Lieberman
Beatriz F. Shanahan
Arneson Timber Co.
Ashland Oil, Inc.
John C. Auten
Ballard Shipping Co.
lakovos Georgoudis
Thomas P. Banaham
Bruce N. Barker
Washington Boat Center
Robert Barnes
Environmental Systems Services
Vernon Baseman
David Faulkner
Baytank - Houston, Inc.
Odfjell Westfgal Larsen (USA), Inc.
Haavar Nordberg
Roy Johnson
R.C. Tercic
Larry Pipken, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Law(s) Charged
A (cont.) I
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title! 18
RCRA. CERCLA, Title 18
Title 18
Title 18
FIFRA, Title 18, FFDCA
FIFRA, Title 18, FFDCA
FIFRA, Title 18, FFDCA
CERCLA
CWA
CWA
B
CWA
CWA
CWA
CWA, Title 18
CWA, Title 18
CWA
CWA
TSCA, Title 18
TSCA, Title 18
CWAj RCRA, CERCLA, Title 18
CWAJ RCRA, CERCLA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, CERCLA, Title 18
CWA, Title 18
CWA, RCRA, Title 18
CWA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
ii
1
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•
FY Page No. •
88 87 1
™
88 88 •
I
88 76 |
~ ,„
88 96 •
90 136
1
89 117
yi jao
86,88 46 •
™
84 11 •
1
83 8 m
1
87 68
1
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1
Region
IV
X
V
V
IIII
1 .
1 v
I
1
VI
DC
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Defendant(s)/
Case Name(s)
Bay tank (cont.)
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Johan Seale
Ulf Aune
Charles Berlin
Robert K. Blackstone
Wendall W. Johnson
Gerry Blanchard
Edward Viola
Maxine Fairchild
Donna Nims
Claude Aven
Barry Ssace
William N. Bogas
Gregory Boone
Michael D'Avocato
Alex Feinman
Borjohn Optical Technology
John Borowski
Raymond Borowski
Bridgeport Wrecking Co., Inc.
Thomas Capozziello
Raymond T. Brittain
Robert C. Coble
Ralph Burgholzer
Lavell Mclntyre
Law(s) Charged FY Page No.
B (cont.)
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CERCLA 86 &
RCRA, Title 18 86 40
RCRA, Title 18
RCRA, CERCLA, Title 18 91 'ISO
RCRA, CERCLA, Title 18 89 96
CAA, CERCLA, Title 18 89 101
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CWA 90 122
CWA
CWA, Title 18 83 6
CAA 89 106
CAA
CWA, Title 18 90 128
CWA, Title 18
CWA, Title 18 86 51
CWA
iii
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
V
VII
II
VIII
II
V
DC
III
II
III
II
IV
VII
VI
DC
Defendant(s)/
Case Name(s)
Cambridge Mill Products, Inc.
Charles LeBeau, Jr.
W.C. Carolan
James Carolan
Dwight Thomas, Jr.
Christopher Gosch
Sharon Hayes
Patrick E. Perrin
David Carr
Central Valley Water Reclamation
Facility Board
Chase Interiors, Inc.
Kenneth Kaminski
Samar Chatterjee
Chem-Wood Treatment Co., Inc.
Erie Kitagawa
Robert Clements, Inc.
Coastal Steel Corp.
David Cohen
John Meighan
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
Columbia Marine Services, Inc.,
William Kinzeler, Jr.
John L. Kinzeler
Commercial Metals Company, Inc.
(d/b/a Karchmer Iron and Metal Co.)
Harold Belcher
James Vermillion
Control Sewer and Pipe Cleaning
Steve Charo
Herman Goldfaden
Crittenden Conversion Corp.
Law(s) Charged
£
TSCA
TSCA
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
Title 18
TSCA, Title 18
CWA, RCRA, CERCLA
CWA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
Title 18
RCRA
RCRA
CERCLA
CWA
RCRA
RCRA
Title 18
Title 18
Title 18
Title 18
CWA
CWA
CWA
RCRA, Title 18, CWA
RCRA, Title 18
RCRA, Title 18, CWA
Title 18
CWA, Title 18
CWA, RCRA, Title 18
i
RCRA
iv
FY
86
89
89
88,89
89
89
87
88
88
88
87
88
85
83
90
86
83
88
90
90
Page Xo.
51
66
66
66
79
85
94
. ®
85
25
2
126
38
1
92
129
135
1
1
1
1
1
1
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1
1
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Region
IIV
DC
IDC
DC
•
•
1 "
IIII
IV
1 "
•
IIII
IVIII
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Defendant(s)/
Case Name(s)
Croda Inks, Corp.
CSI Technologies, Inc.
Custom Engineering, Inc.,
Billy Closson
Roger Scoggins
John Sidwell
Paul Chavez
Custom Food Machinery
Ronald McNiel
Eugene Welch
Cuyahoga Wrecking Corp.
Leonard Capizzi
Chester F. Reiss, Sr.
James J. Abbajay
Robert S. Torok
Joseph A. Grossi
Cuyahoga Wrecking Corp.
Overland Corporation
Publicker Industries, Inc.
Ernest R. Martin
Samuel Runfola
Virgil Cummings
Cuyahoga Wrecking Corp.
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
DAR Construction Co.
Maurice Dieyette
William Dee
Robert Lentz
Carl Gepp
Denver Sanitary Company
Frank R. Giardino
Donald C. Hughes
Andrew Federowicz
Law(s) Charged FY Page No.
C (cent.)
CWA 91 155
TSCA, Title 18 85 25
Title 18 86 49
Title 18
Title 18
Title 18
CAA 88 50
TSCA 87 56
TSCA
TSCA
CAA, CERCLA, Title 18 88 86
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, Title 18
CAA ' 86
RCRA, Title 18 88 71
RCRA, Title 18
RCRA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
CAA, CERCLA, Title 18 89 120
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
u
CAA, CERCLA 88 77
CAA, CERCLA, Title 18
CWA, RCRA 88 90
CWA, RCRA
CWA, RCRA
RCRA, Title 18, CWA 87 58
RCRA, Title 18, CWA
RCRA, Title 18
RCRA, Title 18, CWA
V
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
I
VIII
IV
X
K
EX
VIII
VI
VIII
V
I
IV
Defendant(s)/
Case Name(s)
Robert Derecktor of Rhode Island, Inc.
151 E. Post Road Corp, Inc.
Robert E. Derecktor
Di Giorgio Corporation
Charles A. Donahoo, Jr.
d/b/a Charlie Wrecking
Drum Recovery, Inc.
Gary Van Lorn
Eugene F. Tienken
Charles Tuttle
Darell A. Duisen
George W. Shearer
Glen D. Faulks
Rogelio Marin-Sagristo
U.S. Technology and Disposal Service,
Darell A. Duisen (cont.)
Tratamiento Petroquimilos
Mexicanos S.A. de C.V.
Guillermo Marin-Orosco
Eagle Picher Industries, Inc.
Richard Brown
Eason and Smith Enterprises, Inc.
Ekotek, Inc.
Steven M. Self
Steven F. Miller
Electric Service Company
Laddie F. Snyder
Ernest J. Mondron
Franklin D. Baker
Wallace D. Childers
Electro Sales Co., Inc.
Jere Ellis
James Floyd
Law(s) Charged FY
D (cont.)
TSCA, CERCLA, CWA, RCRA. 86
HMTA, CAA
TSCA, CERCLA
TSOA, HMTA, CERCLA, Title 18,
[RCRA
RCRA 90
RCRA, CERCLA, Title 18 89
RCRA, CERCLA, Title 18
TS
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1
1
•
1
1
1
1
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
I
V
II
VI
X
V
X
II
VI
V
X
Defendant(s)/
Case Name(s)
Gerald Elwell
Peter Lauzon
North Bennington, VT Board of Water
Commissioners
Enviro-Analysts, Inc.
John R. Ruetz
Robert E. Schloesser
Envirosure Management Corp., Inc.
Envirosure Marketing Corp.
Environmental Services Assoc., Inc.
Frontier Chemical Waste Process, Inc.
Cataract Industrial Warehousing and
Transportation, Inc.
She I ton E rick son
Euro-Auto Ltd., Inc.
James S. Strecker, Jr.
Barbara A. Strecker
Executive Advertising, Inc.
Thomas D. LaViolette
Roderick W. Reiser
Exxon Corporation
Exxon Shipping Corporation
Exxon Corporation
Fred L. Fincher, Sr.
Donald L. Fincher
Norbert E. Gall
Dennis R. Alston
Phillip A. Williams
Brigitte G. Laurus
Edward F. Wiatt
Finishing Corp. of America
John W. Rutana
Richard J. Fiorini
John C. Barnes
Fisher RPM Electric Motors, Inc.
Rodney R Fisher
Law(s) Charged FY Page No.
E (cont.)
SDWA, Title 18 91 147
RCRA, CWA, Title 18 90 144
RCRA, Title 18 90 134
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA 88 90
Title 18 87 , 54
Title 18
Title 18
RCRA, Title 18 86 34
RCRA, Title 18
RCRA, Title 18
CWA, RHAA, MBTA, PWSA, DCA 90 133
CWA, RHAA, MBTA, PWSA, DCA
CWA 91 154
£
Title 18 86 30
Title 18
Title 18
Title 18
Title 18
CAA, Title 18
CAA 87 31
CWA 89 112
CWA, Title 18
CWA
CWA
CWA, RCRA 89 121
CWA, RCRA
vii
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SUMMARY
OF PROSECUTIONS
ALPHABETICAL INDEX (cent.)
Region
III
VIII
III
II
II
DC
IV
IV
III
III
VII
IV
VI
I
VII
Defendant(s)/
Case Name(s)
Forms, Inc.
Phillip F. Trembley
Frankel Manufacturing Company
Alan M. Franko
Nathan Frenkel
Environmental Consulting and Testing
Service, Inc.
Fried Industries, Inc.
Frontier Fertilizer Co.
B&R Co. of Davis
Dennis Kidwell
Gardinier, Inc.
General Wood Preserving Co., Inc.
Steven M. Hutchinson
Stanley Winborne, Jr.
George H. Garson
Georgia Bonded Fibers, Inc.
William G. Byles
James C. Kostelni
Daniel LaVietes
Jerold Gershon
d/b/a Chemical Commodities, Inc.
Reginald Max Goldsmith
Albert S. ("Junior") Goodner, Jr.
Dennis J. Goodner
Jimmy C. Curry
Goodner Brothers Aircraft, Inc.
Goodner Bros. Farms, Inc.
Aircraft Refinishers, Inc.
W.R. Grace & Co.
Arnold Graham
Law(s) Charged
Ffcont.)
RCRA
RCfoA
RCRA
CERCLA
Title 18
Titte 18
RCRA, CERCLA
RCRA
RCRA
RCRA
a
CWA
RCRA
CWA
CWA, Title 18
CWA
CWA, Title 18
CWA, Title 18
RCRA
RCRA, Title 18
CWA, CERCLA, Title 18
RCRA
Title 18
CWA, Title 18
viii
1
FY Page No. _
•
88 93 •
85 28 •
1
86 34
S3 6 |
•
85 28 |
86 41 _
1
•
1
88 93
89 105 1
86 32 •
«, ^
91 148 1
91 147 m
1
87 55 •
86 50
1
1
-------
1
1
1
•
1
1
1
1
1
V
1
1
1
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
VIII
IV
VIII
IV
IV
X
IV
VIII
X
IV
IV
II
VI
IV
Defendant(s)/
Case Name(s)
Great Western Inorganics, Inc.
Roger Vernon
Arthur Greer
Jay Hamburg
Neil Moser
Everett Harwell
Eugene Baggett
Charles A. Hassler
Peter Hedegard
Eric Myers
JANCO United, Inc.
James H. Hedrick
Terri, Lori, Chris, Inc.
TLC, Inc.
Alley-Cassetty Coal Company
Donald M. Draper
RAD Services, Inc.
Arthur Sciullo
George Gary
James B. Hellman
Joel H. Lederman
Barry A. Seldin
William F. Smith, II
Douglas Hoflin
James Holland
Onis L. Holley
Holley Electric Corp.
Hope Resource Recovery, Inc.
Inman & Associates, Inc.
John McMichen
Mark Irby
Law(s) Charged
G (cont.)
RCRA, Title 18
RCRA, Title 18
RCRA, CERCLA, Title 18
B
RCRA, Title 18
RCRA, Title 18, CERCLA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
RCRA, CERCLA
CWA, Title 18
CWA, Title 18
CWA
RCRA, Title 18
RCRA, Title 18
RCRA
RCRA
RCRA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
Title 18
Title 18
Title 18
Title 18
RCRA, CWA
CWA, Title 18
TSCA, Title 18
TSCA, Title 18
CAA
I
CERCLA
TSCA
CWA
ix
FY
90
86
86
86
90
86
84
85
85
86
86
86
88
86
84
83,84
86
90
90
Page No.
135
35
49
37
141
37
»
14
15
15
16
16
16
94
31
12
9
50
131
141
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
X
V
II
VII
III
IV
VIII
VII
II
III
VI
III
I
II
IV
Defendants )/
Case Name(s)
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
J&J Investments
Johnson & Towers, Inc.
Peter Angel
Jack W. Hopkins
Peter Johnson
Stephen L. Johnson
Country Estates Investments, Inc.
Paul Tudor Jones II
Gary A. Keating, Sr.
Keebler Corporation
Dale L. Knoedler
Jim D. Newman
Roger Swenson
Konstandt Laboratories, Inc.
Felix Konstandt
Freeman Krum
Robert T. Kruse
Lee B. Grubbs
Carol K. Kisamore
Lackawanna Refuse Removal, Inc.
Northwestern Land Development Co.
Peter lacavazzi
Phil J. Lambert, Inc.
Phil J. Lambert, Jr.
Kenneth Laughlin
John Donnelly
Larry Clay Lavender
Law(s) Charged
J
CWA
CWA
SDWA
RCRA, CWA, Title 18
RCRA, CWA, Title 18
RCRA, CWA, Title 18
CWA
CWA
CWA
CWA
B
CW.A, Rivers & Harbors Act
CERCLA
CWA
CWA
CWA
Title 18
TittelS
TSCA, CFR
!
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
L
Title 18
CERCLA
CERCLA
Title 18
Title 18
RCRA, CERCLA
RCRA
X
FY
86,88
90
83
&6
89
90
90
86
85
90
87
88
83
90
. 91
91
Page No.
42
137
6
7
100
137
138
t
43
23
123
57
72
1
126
153
156
1
1
1
1
•
1
1
1
1
1
I
1
1
1
-------
1
Region
II
1 VIII
IVIII
VIII
II
1"**
IV
I IV
1 .
•P
l
K
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cent.)
Defendant(s)/
Case Name(s)
AC. Lawrence Leather Co., Inc.
Lawrence K. Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Bernard Davis
Robert F. Goodspeed
Layton Brothers Drum Co., Inc.
Willie F. Hines
Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr.
Michael Levine
Murray L. Lewis
Bertha Lewis
A C. Limtiaco, Inc.
Antonio C. Limtiaco
Louisville Edible Oil Products, Inc.
(aka Louisville E.O.P., Inc.)
Presidential, Inc.
Frank Reed Metis
A Dean Huff
Raymond Carl Marrillia, Jr.
(aka Sammy Marrillia)
Louisville and Nashville Railroad
MacDonald and Watson Waste Oil Co.
Narragansett Improvement Co.
Eugene K. D'Allesandro
Vincent Cinquegrano
Fran Slade
Faust Ritarossi
Michael O'Laughlin
Marathon Development Corp.
Terrence Geoghegan
Albert Mardikian
Garo Mardikian
Sembat Agob
Law(s) Charged FY Page No.
L (cont.)
CWA, Title 18, RCRA, CERCLA 83 2
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA, CERCLA
RCRA, CERCLA 3
CWA, RCRA, CERCLA 3
RCRA, HMTA, RHAA, Title 18 85 27
Title 18
RCRA 87 59
RCRA
RCRA, CERCLA
Title 18 90 138
SDWA, Title 18 91 148
r
CERCLA, TSCA, Title 18 90 125
CERCLA, TSCA, Title 18
CAA, CERCLA 90 136
CWA 83 1
M
RCRA, Title 18, CERCLA 88 73
RCRA, Title 18, CERCLA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
CWA 87 57
CWA
Title 18 85 26
Title 18
Title 18
xi
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cent)
!
Region
X
VI
VII
X
II
I
V
VI
III
VII
IV
IV
VI
III
VII
DC
Defendant(s)/
Case Name(s)
Marine Power and Equipment, Inc.
Richard C. Woeck
Peter F. Woeck, II
Lloyd Anderson
Frank Brady
Marine Shale Processors, Inc.
Maritz, Inc.
William E. Pieber
Paul Warren Marquardson
John Mastrobuono
Robert McKiel
Scott McKiel
John Shepardson
David Boldt
John J. Melle
George T. Mercier
Timothy S. McLeod
Metro Container Corporation
Metro enterprise Container
Sidney S. Levy
Steven Zubrin
John Meyer
George Mills
Ocie Mills
Carie C. Mills
Richard M. Mims
Francis S. Moose
John Moran, Jr.
Robert E. Morrison
Jay L. Barnett
! Law(s) Charged
M (contj)
CWA, RHAA
CWA, RHAA, Title 18
CWA, Title 18
CWA, Title 18
CWA, Title 18
RCRA, RHAA
CW|V Title 18
CWA
CAA
Title 18
CWA, RCRA
CWA, RCRA
CWA
CWA
CERCLA, RCRA
!
CAA, Title 18
CAA|, Title 18
RCRA, CWA, Title 18
CAA
RCRA, CERCLA
CWX, RHAA
CWA, RHAA
RCRA
cwA
Title 1 18
RCR^, Title 18
xii
1
FY Page No.
I
86 47 •
1
89 117
84 14 1
91 155 |
89 99
..
1
90 123 m
I
86 41 •
m
90 144 1
87 58
I
84,85 22 •
89 98 •
85 29
87 70 •
87 61 •
- 90 139
1
1
-------
1
1
1
1
1
1
1
1
1
•
1
1
1
1
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
X
III
X
VIII
DC
II
VIII
X
X
X
IV
I
III
X
X
V
Defendant(s)/
Case Name(s)
Nabisco Brands, Inc.
Willard L. Kaser
William Parks
Nanticoke Homes
John Charles Nelson
John M. Nelson
Neville Chemical Co.
New York Bus Service
NIBCO, Inc.
Kevin J. Nice
Jeffrey A. Gordon
Dougals T. Niemann
Chorine K. Mackenzie Nzau
(a/k/a Kasema Mackenzie)
Ocean Reef Club, Inc.
Russell A. Post
Claude H. Gehman
Mark Malka
Ocean Spray Cranberries, Inc.
Orkin Exterminating Co., Inc.
Lawrence Ostler
Olympus Terrace STP
Pacific Hide and Fur Depot, Inc.
William Knick
Jerry Graham
Patrick W. Paciesaa
John Plantan
Law(s) Charged FY Page No.
tt
CWA 86 45
CWA, Title 18
Title 18
RCRA, CERCLA 91 154
State Laws - WA 90 142
(RCRA)
RCRA 86 44
RCRA 86 40
CWA 91 153
RCRA 89 111
State Laws - WA 90 142
(RCRA)
State Court - WA 91 152
(RCRA)
RCRA, Title 18 88 96
a
CWA, Title 18 86 36
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA 88 77
FIFRA 88 81
CWA 89 108
CWA 108
£
TSCA, CERCLA 84 11
TSCA, CERCLA
TSCA, CERCLA
TSCA 87 64
TSCA, Title 18 88 65
xiii
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
I
IV
III
X
IV
IV
VII
VII
V
II
VII
V
III
III
I
Defendant(s)/
Case Name(s)
William J. Pandozzi
Nicholas Pasquariello
Irwin Pearlman
Salvatore C. Williams
Pennwalt Corp., Inc.
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
Performance Advantage, Inc.
Lyndol Bolton
Hayes International Corp.
Louis H. Beasley
Performance Advantage, Inc. (cont.)
Ray Kelley
V.O. Abrams
David Smith
Patrick E. Perrin
Pillsbury Company
Thomas Edward Francis
Rodney A. McFadden
John Pizzuto
Hasper Leggett
Plaza Health Laboratories, Inc.
Geronimo Villegas
Merlyn Pollock
Pollution Control Industries of America,
Kevin P. Prunsky
Gary L. Powell
Harry G. Stafford
James A, Baggett
John Pozsgai
Progressive Oil Company
Law(s) Charged
P (cont.)
Title 18
CWA, Title 18
CAA
CAA
CWA, Title 18, CERCLA
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA, Title 18, CERCLA
RC$A, CERCLA, CWA
RCftA, CERCLA, CWA
RCIjtA, Title 18
RCRA, Title 18
RCRA, CERCLA, CWA
RCRA, Title 18
CERCLA
RCRA
TSCA, Title 18
CWA
TitlA 18
TSCA
CWA
CWA
TSCA, RCRA
Inc. Title 18
Title 18
TSCA, Title 18
TSCA, Title 18
Title 18
CWA
CWA
xiv
1
FY Page No. _
•
38 73 1
90 124
87 52 1
88 84 1
•
1
84 19 •
1
••
,
84,86 20
87 65 _
1
91 150 •
1
90 132
_
OB 11VJ
89 109 •
89 116
I
117 •
88 97 •
89 99
1
1
-------
1
1
1
1
1
•
1
1
1
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont)
Defendant(s)/
Region Case Name(s)
VIII Protex Industries, Inc.
Donald J. Wilson
Charles V. Hyatt
X PureGro Company, Inc.
Jack White
Robert Dickman
Gary McCourt
Steven Steed
III Quality Research Labs, Inc.
aka Commercial Research Labs
Michael Yaron
Barak Yaron
IV Queen Products Company, Inc.
John Thomas Cottrell
"
IV R M Engineered Products Co., Inc.
Daniel J. Seeman
Albert R. Mersberg
Alvin P. Tiedemann
The Intertech Group
IV R-M Industries, Inc.
VII Reidy Terminal, Inc.
Wisconsin Barge Line, Inc.
Anthony DeJohn
James Johnson
X Riedel International, Inc.
James A. Repman
Ronald E. Summers
VIII Jay Allan Ringler
VIII Rocky Mountain Materials and
Excavating, Inc.
X Rogue Valley Circuits, Inc.
X Ronald Rollins
Law(s) Charged FY Page No.
P ( cant.)
CWA, RCRA, HMTA, Title 18 87 60
CWA, RCRA, CERCLA, Title 18
CWA, RCRA, Title 18
RCRA, FIFRA, Title 18 90 145
9
RCRA, CERCLA 83 7
RCRA, CERCLA, Title 18
RCRA, CERCLA
RCRA 91 153
f
B
RCRA 90 144
CWA 90 124
RCRA 87 63
CWA
CWA, RHAA
CWA
CWA 88 96
CWA
CWA
State Laws -CO 90 143
(RCRA)
CWA 86 39
RCRA 91 154
FIFRA, MBTA 88 91
XV
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL IJNDEX (cont.)
Region
VII
V
IV
I
X
I
X
X
X
V
V
III
VIII
IV
X
Defendants )/
Case Name(s)
Eric D. Roth, ST.
Stewart Roth
Sanchez Enterprises, Inc.
General Metals Fabricators, Inc.
Joseph P. Sanchez
Jean P. Sanchez (aka John Sanchez)
Gale E. Dean
Saunders Asbestos Service
Domenic Lamara
George Scofield Company, Inc.
Robert Squyres
SCA Chemical Services (MA), Inc.
Sea Gleaner Marine, Inc.
Paul D. Schwitters
Mario Segale
M.A. Segale, Inc.
William Bartholomew
Sellen Construction Co., Inc.
Gary Rager
Sentco Paint Manufacturing Co., Inc.
Roland N. Brothers
Rick N. Brothers
Donald Gerald Cole
Sam Minor
Ronald C. Shawl
Shenango, Inc.
Nicholas S. Buchko
Signs, Inc.
Henry Kelly Logan
Norman F. Smith
Sherman Smith
Law(s) Charged
R (cont.)
CWA, Title 18
CW, A, Title 18
S
RCRA, Title 18
CWA
CWA
CWA
CEftCLA
CWA
CW,A
CAA
CAA
CAA
CWA
RCRA, Title 18
TSCA
CWA
CWA
Static Law - CO
(RCRA)
Title 18
CWA, RHAA
xvi
1
FY Page No.
1
85 27 I
90 139
1
90 140 •
1^1
1
91 149
88 91
, —
86 47 •
85 22 _
1
•i
89 111 •
•
91 149 •
88 80
88 BO I
91 151 I
•1
86 35 •
89 110
1
1
-------
1
1
1
•
1
1
•
1
1
•
1
1
1
••
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Defendant(s)/
Region Case Name(s)
IV Southern Dredging Company
William J. Floyd
Douglas M. Floyd
IV Spartan Trading Co., Inc.
John H. Biddle
John H. McDonald
Johnny M. Clark
Don A. Scruggs, Jr.
John H. Taylor, Jr.
Taylor Laboratories, Inc.
X W.B. Sprague Co., Inc.
Alfred H. Trevelen
Lawrence R. Trevelen
IV Sam L. Story
III Sunnylands, Inc.
William Ramagosa, Jr.
Robert Ramagosa
Sunrise Excavation, Inc.
Sunrise Ventures, Inc.
X Richard A. Taggert
Keith Egan
VIII Ross L. Talbott
Ross M. Talbott
VII Dwight Thomas, Jr.
I K.W. Thompson Tool Co. Inc.
Robert Gustafson
Joseph Behre
Emmett Ronayne
II Joseph Tietelbaum
V Transformer Services (Ohio), Inc.
Gregory A. Booth
Robert W. Rafferty
VIII Transit Mix Concrete Co., Inc.
II Albert S. Tumin
Law(s) Charged FY Page No.
S (cont.)
CWA, Title 18 91 152
RCRA, Title 18 88 81
RCRA, Title 18
RCRA
RCRA, Title 18
RCRA, Title 18 82
RCRA, Title 18 89 83
RCRA, Title 18 89
FIFRA 84 17
FIFRA, MBTA
FIFRA, MBTA
CERCLA 91 152
CWA 91 155
r
X
RCRA 85 25
RCRA
FIFRA 85 23
FIFRA
TSCA, Title 18 88,89 65
CWA, TSCA, RCRA, CERCLA, 85 24
Title 18
CWA, TSCA
CWA, TSCA, RCRA, CERCLA
CWA, TSCA, RCRA, CERCLA,
Title 18
RCRA, Title 18 87 57
TSCA, Title 18 83 10
TSCA, Title 18
TSCA, Title 18
CWA 89 99
RCRA, CERCLA, Title 18 87 62
xvii
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
X
I
V
VIII
VII
I
V
V
I
VIII
IV
I
DC
DC
Defendant(s)/
Case Name(s)
Daniel L. Turner
USM Corporation
U.S. Plating Corporation
Pioneer Plating Co., Inc.
Robert Alley
Unichem, International, Inc.
Valmont Industries, Inc.
Jack R. Hawk
Duane Prorok
Vanderbilt Chemical Corp.
Henry Baer
John Van Hoesen
John Suerth
Venus Laboratories, Inc.
Peter Vileisis, Jr.
Maurice Fabiani
Waterbury House Wrecking Co., Inc.
The Bill Walters Companies
Glen Weatherbee
Glenn Weatherbee Supply, Inc.
Websterville Fire District #3 -
The Prudential Committee
W. John Mitchell, II
Gary Brouillette
Michael H. Weitzenhoff
Thomas W. Mariani
Charles A. Reeves
Charles E. Welch
Michael Robert Speach
Law(s) Charged
T (oonttl
RCRA, CERCLA
II
CWA
CWA
CWA
CWA
RCRA
y.
CWA
CWA
CWA
RCRA, Title 18
Title 18
RCRA
RCRA, Title 18
CWA
CAA
CAA
CAA
a.
CWA
SDWA
SDtyA, Title 18
CWA, Title 18
RCRA
xviii
i
1
FY Page No,
•
87 52 •
87 52 1
90 127 _
I
•
90 143 •
89 108 1
•
89 107 I
t
85 22 I
mm
85 25 •
85 28
1
1
89 101 •
91 151 •
91 148 _
1
mm
1
90 143
1
-------
1
1
1
•
1
1
•
1
1
1
•
1
1
•
1
1
1
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
V
IV
I
V
X
VI
X
II
III
VI
V
VI
X
Defendant(s)/
Case Name(s)
Laurence M. Welch
J. Welch & Sons, Inc.
Welco Plating, Inc.
J.C. Collins, Jr.
Wells Metal Finishing, Inc.
John Wells
Tracy Westfall
Weyerhaeuser Company
(Weyerhaeuser Sawmill - Aberdeen)
Jack E. White
Brownie C. McBride
Jerry L. Findley
Henry R. White
Bert Michael Willard
(aka Mike Willard)
Will & Baumer, Inc.
Howard J. Nybo
Frederick C. Kiesinger,
Duane Simmons
William E. Willey
William W. Windham
Jay Woods Oil, Inc.
Edmund Woods
Frank Lynch
Lee S. Woodside
Gary A. Masson
The Wyckoff Company, Inc.
William C. Cairns
David G. Chevalien
Charles D. Hudson
Donald D. Johnson
Law(s) Charged FY Page No.
W (cont.)
RCRA 83 10
RCRA
RCRA, CERCLA, CWA, Title 18 88 78
RCRA, CERCLA, CWA, Title 18
CWA 89 113
CWA
TSCA, CERCLA 90 141
CWA 91 151
CWA, FFDCA, Title 18 87 53
CWA, FFDCA, Title 18
CWA, Title 18
FFDCA, Title 18
i
CERCLA 90 138
CWA, CERCLA, RCRA, Title 18 86 44
CWA, CERCLA
CWA, CERCLA
CWA
RCRA 89 100
CWA 89 104
Title 18 87 56
Title 18
Title 18
Title 18 88 92
CAA, Title 18
CWA, RCRA, Title 18 84 17
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
xix
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SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
I
I
I
KCRA 90 146
Edsil M. Elledge, Jr. (aka Ken Elledge) _
Thomas G. Bentley-Smith •
RnKort Walla •
Region
V
VI
Defendant(s)/
Case Name(s)
Herman Zeldenrust
Paul D. Zimmerman
i
Law(s) Charged
z
TSCA
RCRA
FY
83
90
Page No,
9
146
Robert Wells
•
VII [Sealed] TSCA 89 118
I
I
I
I
I
I
I
I
I
I
I
I
I
XX
-------
I
Fiscal Year 1983
-------
-------
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(sj/Docket No./Court
Facts and Status
Columbia Marine Services, Inc.
Wiliiam Kinzeler, Jr.
John L. Kinzeler
82-36
(E.D. Ky.)
Facts: On four occasions, oil discharged near Ludlow into Ohio River
from vessel owned and operated by company.
10/13/82: Four-count indictment filed charging: the company with four
counts and William Kinzeler and John Kinzeler with one count each of
failure to report discharge of oil in violation of Clean Water Act, Sec.
311(bX5) [33 U.S.C. § 1321(b){5)].
10/25/82: Company entered plea of guilty to two counts.
10/26/82: Company sentenced to $10,000 fine with credit given for $3,000
previously paid to Coast Guard. Charges against both Kinzelers
dismissed.
Louisville and Nashville- Kauroaa
82-00146
(W.D. Ky.)
Facts: Diesel fuel and other pollutants discharged through municipal
sewers in Louisville into POTW (creating hazard of fire and
explosion) and Ohio River.
11/15/82: Two-count information filed charging one count discharge of
pollutants without permit in violation of Clean Water Act, Sees. 301(a),
309(c)(l) and 402 {33 U.S.C. §§ 1311(a), 1319(c)(l) and 1342]; end one
count discharge of pollutants into POTW in violation of pretreatment
standards, in violation of Clean Water Act, Sees. 301(a), 307(d), and
309(cXD [33 U.S.C. §§ 1311(a), 1317(d), and 1319(cKD].
11/16/82: The company pleaded guilty to both counts and was sentenced
to pay a $19,000 fine on each count for total of $38,000.
Lackawanna Refuse Removal, Inc.
Northeastern Land Development Co.
Peter laeavazzi
82-00173
(M.D. Pa.)
Facts: Industrial sludges and wastes deposited at Old Forge Borough
sanitary landfill site. Lackawanna denied to EPA that disposal had
occurred. laeavazzi was president of Lackawanna.
11/16/82: Two-count indictment filed charging:
Northeastern and laeavazzi - One count failure to notify of
existence of hazardous waste facility in violation of CERCLA, Sec.
103(c) [42 U.S.C. § 9603{c)].
Lackawanna - One count making false statements [18 U.S.C.
§ 1001].
04/13/83: Both companies pleaded guilty. Plea agreement contained
confession of liability by parties and provision whereby the companies
agreed to comply with terms of administrative order to be issued under
RCRA, Sec. 3008, ensuring that proceeds of sale of land owned by
companies would be turned over to Superfund for cleanup costs.
05/10/83: Lackawanna and Northeastern each fined $10,000. Charges
against laeavazzi dismissed upon his agreement to cooperate.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
I
I
I
I
I
I
I
I
I
I
I
I
I
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I
I
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I
I
Defendant! s)/ Docket No ./Court
Facts and Status
Coastal Steel Corporation
S2-0147B
(D.N.J.)
Facts: Refuse matter, including sanitary waste and waste rinsewater
containing sulfurk acid, discharged into Woodbridge Creek.
11/17/82: Information filed charging the company with ten counts
discharge of refuse in violation of Sec. 13 and 16 of Rivers and Harbors
Appropriation Act of 1899 (Refuse Act) [33 U.S.C. §§ 407 and 411).
i
11/18/82: Company pleaded guilty to all 10 counts.
01/13/83: Company sentenced to $20,000 fine ($15,000 suspended),
community service equal to $15,000 amount of suspended fine, and three
years probation. If community service not performed, monetary
equivalent of amount of service to be paid as additional fine.
A. C. Lawrence Leather Co., Inc.
Lawrence K. Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Robert F. Goodspeed
82-00037
(D.N.H.)
Facts: Wastewater discharged from large leather tanning facility in
Winchester into Aanuelot River in violation of NPDES permit. Plug in
pipe removed, allowing discharge to bypass facility's treatment plant
and flow directly from holding tank into river, despite fact that
company had received $238,420 from EPA in research and grant funds
for demonstrating process to meet best available treatment standards
for tanning industry covering all pollutants generated during
manufacturing operations. Marshall was president; Goodspeed, vice
president; Johnson, plant superintendent; Stone, director of
manufacturing, and Barber was former director of maintenance and
engineering.
12/15/82: 68-count indictment returned against company and
employees charging:
Company - one count conspiracy [18 U.S.C. § 371]; five counts mail
fraud [18 U.S.C. § 1341]; 43 counts discharge of pollutants in
violation of NPDES permit under Clean Water Act, Sees. 301(a) and
309(cXl) [33 U.$.C. §§ 1311(a) and 1319(c)(l)]; 15 counts submittal of
false statements [18 U.S.C. § 1001]; and four counts making false
claims to EPA [18 U.S.C. S 287].
Barber - One c4unt conspiracy, three counts mail fraud, 43 counts
discharges in Violation of Clean Water Act, one count false
statements, and four counts false claims.
Stone - One count conspiracy, two counts mail fraud, 43 counts
discharges in violation of Clean Water Act, and seven counts false
statements.
Johnson - One count conspiracy, two counts mail fraud, 43 counts
discharges in violation of Clean Water Act, and seven counts false
statements.
Marshall • 43 counts of discharges in violation of Clean Water Act
2
-------
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
A. C. Lawrence Leather Co., Inc.
(cent, from previous page)
A. C. Lawrence Leather Co., Inc.
Weymouth E. Marshall
Robert F. Goodspeed
Francis E. Stone
Bernard Davis
83-00007
(D.N.H.)
Goodspeed - 43 counts of discharges in violation of Clean Water Act
03/10/83: Individual defendants each pleaded guilty after
Government's opening argument at trial.
Barber and Stone - Five counts under Clean Water Act and one
count for making false statement
Marshall and Goodspeed - Five counts under Clean Water Act
Johnson - 10 counts under Clean Water Act
04/07/83: The company was convicted by jury on all counts. (See
following section for sentencing information.)
Facts: The company, Marshall, Goodspeed, Stone, and Davis, foreman
at the Winchester facility, generated, stored, and released degreasing
solvent (tetrachloroethylene) and its sludges and conspired to cover up
the fact by falsifying reports.
01/25/83: Company and individuals charged in second seve'n-count
indictment:
Company - Two counts of storage of hazardous waste without permit
in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)];
one count disposal of hazardous waste without permit in violation of
RCRA, Sec. 3008(d)(2)(A); two counts submittal of false statements
to EPA [18 U.S.C. § 1001]; one count failure to notify of release of
hazardous substances in violation of CERCLA, Sec. 103(b) [42
U.S.C. § 9603(b)]; and one count failure to notify of existence of
hazardous waste facility in violation of CERCLA, Sec. 103(c) [42
U.S.C. § 9603(c)].
Marshall - One count failure to notify of existence of hazardous
waste facility.
Goodspeed • One count storage of hazardous waste and one count
failure to notify of existence of hazardous waste facility.
Stone - One count storage of hazardous waste, one count disposal of
hazardous waste, two counts false statements, one count failure to
notify of release of hazardous substances and one count failure to
notify of existence of hazardous waste facility.
Davis - One count storage of hazardous waste, one count disposal of
hazardous waste, and one count failure to notify of release of
hazardous substances.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
I
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Defendant(s)/Docket No./Court
Facts and Status
A. C. Lawrence Leather Co., Inc.
Robert F. Goodspeed
83-00020
(D.N.H.)
04/29/83:
counts:
Superseding information filed charging two additional
Company - One count submittal of false statements under RCRA,
Sec. 3008(d)(3) 1)42 U.S.C. § 6928(dX3)]
Goodspeed - One count failure to notify of release of hazardous
substances under CERCLA, Sec. 103{b) [42 U.S.C. § 9603(b)]
04/29/83: Company and three individual defendants pleaded guilty as
follows:
Company - One: count storage of hazardous waste, one count disposal
of hazardous waste, one count failure to notify of release of
hazardous substances, one count failure to notify of existence of
hazardous waste facility, and one count submittal of false
statements under RCRA, Sec. 3008(d)(3).
Marshall - On$ count failure to notify of existence of hazardous
waste facility.
Goodspeed • One count failure to notify of release of hazardous
substances and one count failure to notify of existence of hazardous
waste facility.
Stone • One count storage of hazardous waste, one count failure to
notify of releas $ of hazardous substances, and one count failure to
notify of existence of hazardous waste facility.
04/29/83: Defendants sentenced simultaneously under Clean Water
Act and RCRA indictments (and superseding information) as follows:
Company - Fined under first indictment: $5,000 on conspiracy
count; $200 on jach mail fraud count for sum of $1,000; $10,000 on
each of five Clejan Water Act counts for sum of $50,000; $1,000 on
each false statement count for sum of $15,000; and $1,000 on each
false claims count for sum of $4,000, all totaling $75,000. Under
second indictment: $10,000 on RCRA storage count; $50,000 on
RCRA disposal count; $5,000 on CERCLA, Sec. 103(b) count; and
$5,000 on CERCLA, Sec. 103(c) count, for total of $70,000. Under
RCRA false statement count: $5,000 for grand total of $150,000 under
all charges. Company also placed on five years probation under
each set of charges, to run concurrently and required to repay
$238,420 it had received from EPA in Federal grant funds.
-------
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendants,1/Docket No./Court
Facts and Status
A. C. Lawrence Leather Co., Inc.
icont. from previous page)
Barber - Under first indictment only, for five Clean Water Act
counts: one year imprisonment (execution suspended) plus two
years probation and 200 hours of community service activities, and
$2,500 fine on each count for sum of $12,500; for false statement
count, one year imprisonment (execution suspended) plus two years
probation (to be served concurrently) and $5,000 fine for total of
$17,500.
Stone - Under first indictment: same sentence as for Barber.
Under second indictment: for RCRA storage count, one year
imprisonment (execution suspended) plus two years probation (to be
served concurrently) and $5,000 fine; for two CERCLA counts and
one RCRA storage count, one year imprisonment (execution
suspended) plus two years probation (also to be served concurrently),
$5,000 on RCRA count and $2,500 fine on each CERCLA count for
total of $10,000 under second indictment and grand total under both
indictments of $27,500.
Johnson - Under first indictment, for 10 Clean Water Act counts:
one year imprisonment (execution suspended) plus twp years
probation and 200 hours of community service and $2,500 fine on
each count for sum of $25,000 with all but $5,000 suspended.
Marshall - Under first indictment for five Clean Water Act counts:
one year imprisonment (execution suspended) plus two years
probation and 200 hours of community service, and $2,500 fine on
each count for sum of $12,500. Under second indictment, for
CERCLA, Sec. 103(c) count, one year imprisonment (execution
suspended) plus two years probation (to be served concurrently) and
$5,000 fine (with all but $2,500 suspended), for grand total under both
indictments of $17,500 (less $2,500 suspended).
Goodspeed - Under first indictment for five Clean Water Act counts:
one year imprisonment (execution suspended) plus two years
probation and 200 hours of community service activities and $2,500
fine on each count for sum of $12,500. Under second indictment; for
two CERCLA counts, one year imprisonment (execution suspended)
plus two years probation (to be served concurrently) and $5,000 fine
on each count for sum of $10,000 under second indictment and grand
total under both indictments of $22,500.
Charges against Davis dismissed.
04/12/84: Company, Barber, Stone, Johnson, Marshall, and Goodspeed
all placed on EPA master list of persons debarred, suspended, or
voluntarily excluded under 40 CFR Part 32 from participation in EPA-
assisted programs for period of three years (to 04/11/87).
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
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Defendant(s)/Docket No./Court
Facts and Status
Raymond Borowski
83-151
(N.D. 111.)
Facts: Defendant -operated several municipal sewage treatment plants
in Dupage County, Illinois where, between October 1977 and July 1978,
defendant understated pollutant amounts by half for three of the plants
when filing Discharge Monitoring Reports required under Clean
Water Act. >
02/23/83: 13-count indictment returned charging submittal of false
information [18 U.S.C. § 1001].
|
04/22/83: Defendant pleaded guilty to two-count superseding
information filed on same date charging submittal of false
information under Clean Water Act, Sec. 309(c)(2) [33 U.S.C.
§ 1319(c)(2)].
06/01/83: Defendant sentenced to three years probation and 200 hours
community service.
Nathan Frenkel
Environmental Consulting and
Testing Service, Inc.
83-00047
(D.N.J.)
Facts: Frenkel, owner of Environmental Consulting and Testing
Service (ECTS), hired as consultant to study disposal alternatives for
sewage treatment systems in Salem County. Project funded under
Clean Water Act, Sec. 201.
03/02/83: Four-cojint indictment returned charging each defendant
with three counts false statements [18 U.S.C. § 1001] for misrepresenta-
tions of number of hours worked and one count conversion of
government property [18 U.S.C. § 641] for vacuum cleaner taken from
United States Navajl Air Development Center.
05/23/83: Frenkel pleaded guilty to one count conversion of government
property and company pleaded guilty to one count false statements.
07/08/83: Frenkel sentenced to $7,500 fine and company to $5,000.
Johnson & Towers, Inc.
Peter Angel
Jack W. Hopkins
83-00083
(D.N.J.)
Facts: Over three-day period, Federal agents saw workers attach pump
to tank containing hazardous wastes and pump substantial quantities of
degreasers and other industrial chemicals into trench, including
dichlorobenzene, dijrhloromethane, chlorobenzene, tetrachloroethylene,
toluene, and ethylbenzene. On third day, pollutants spilled into Parker
Creek. Angel was former plant supervisor, Hopkins worked as plant
foreman, and Johnson was vice president for operations.
03/29/83: Five-count indictment returned against company, Angel, and
Hopkins charging each defendant with three counts disposal of
hazardous wastes without permit in violation of RCRA, Sec. 3008(d)(2)
[42 U.S.C. § 6928(d)(2)]; one count discharge of pollutants without
NPDES permit in violation of Clean Water Act, Sees. 301 and 309(c)(l)
[33 U.S.C. §§ 1311 and 1319
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s.i/Docket No./Court
Facts and Status
Johnson & Towers, Inc.
(cont. from previous page)
Peter Johnson
86-3134C
(D.N.J.)
07/08/83: Company pleaded guilty to three counts under RCRA and
sentenced to $20,000 fine.
09/06/83: Substantive RCRA charges against individuals dismissed,
leaving aiding and abetting counts under RCRA plus substantive Clean
Water Act and conspiracy counts.
08/15/84: On appeal, Third Circuit Court reversed dismissal of
substantive RCRA counts against individuals and remanded case to
district court for trial of those counts.
10/10/84: Angel filed petition for certiorari in United States Supreme
Court. Government subsequently filed response in opposition to
petition.
02/19/85: Supreme Court denied Angel's petition for certiorari.
01/02/86: Angel and Hopkins entered into pretrial diversion agreement
with United States Attorney's Office. Indictment dismissed against
each. »
03/31/86: Information filed charging Peter Johnson, vice president for
operations, with one count discharging pollutants without NPDES
permit in violation of Clean Water Act, Sees. 301 and 309(c)(l) [33
U.S.C. §§1311 and 1319(cXl)L
04/30/86: Johnson pleaded guilty to Clean Water Act count.
06/17/86: Johnson sentenced to pay a $2,500 fine.
Michael Yaron
Barak Yaron
Quality Research Labs, Inc.
(Commercial Research Labs)
83-00170
(E.D. Pa.)
Facts: Joint EPA/FBI investigation. Hazardous wastes, including
1,1,1-trichloroethane, toluene, phenol, cresols, corrosive acid, benzene,
xylene, and methylene chloride generated, stored, and systematically
dumped onto ground at site and into drains and toilets at facility in
Cornells Heights, PA. False responses also made on EPA Hazardous
Waste activity questionnaire. Michael Yaron was president, principal
owner, and chief operator. His brother, Barak Yaron was plant
foreman. April 29, 1983, Michael Yaron and J. Ronald Merion {former
president and principal owner) were indicted on four counts of related
nonenvironmental charges with regard to their submission of storm
damage insurance claims, mail fraud [18 U.S.C. § 1341]. Bruce
Handfinger (former officer of related company) also charged with two
counts mail fraud in connection with false insurance claims.
05/02/83: Five-count indictment returned against company, Michael
Yaron, and Barak Yaron charging:
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
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Defendants).'Docket No./Court
Facts and Status
Michael Yaron, et al.
(cont. from previous page)
Barak Yaron
83-00282
(E.D. Pa.)
Michael Yaron
counts storage
under RCRA, J
count failure
- Two counts false statements [18 U.S.C. § 1001], two
and disposal of hazardous wastes without permit
lee. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; and one
;o notify of release of hazardous substance under
CERCLA, Sec. 103{b) [42 U.S.C. § 9603(b)j.
Barak Yaron - One count disposal of hazardous wastes.
Company - One count failure to notify of release of hazardous
substances and two counts storage and disposal of hazardous waste.
08/01/83: Barak Yaron - Pleaded guilty to one count failure to notify of
release of hazardous substance under CERCLA.
08/03/83: Company • Pleaded guilty to one count disposal of hazardous
wastes.
08/16/83: Superseding information filed charging Barak Yaron with
one count under CERCLA, Sec. 103(b).
08/23/83: Michael Yaron - Pleaded guilty to one count disposal of
hazardous wastes without RCRA permit and one count failure to notify
of release of hazardous substance under CERCLA.
09/26/83: Defendants sentenced as follows:
Company - SlOJOOO fine.
Barak Yaron - $2,000 fine plus three years probation.
Michael Yaron - $5,000 fine plus two years imprisonment (all but
six months suspended) plus five years probation on RCRA count.
On CERCLA count, $5,000 fine plus one year imprisonment (all but
six months suspended) and five years probation (imprisonment and
probation to run concurrently with RCRA disposal count), and
restitution.
01/24/84: Sentence of Michael Yaron modified. Restitution reduced to
$55,600.
Vernon L. Baseman
David R. Faulkner
83-00081
(D.N.M.)
Facts: Oil and dnima containing PCBs sold as ordinary waste oil and
distributed in interstate commerce between Emelle, Alabama and
Albuquerque, New Mexico. Vernon Baseman and David Faulkner
were employees of Nuclear Engineering.
05/10/83: Four-count indictment returned charging each defendant
with three counts violation of PCB regulations under TSCA [15 U.S.C.
§5 2614 and 2615(b)] and one count conversion of government property
[18 U.S.C. § 641],
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./'Court
Facts and Status
Vernon L. Baseman
David R. Faulkner
(cont. from previous page)
08/15/83: Baseman pleaded guilty to two TSCA counts: one count
interstate transport of PCBs and PCB containers and one count disposal
of that material. Faulkner admitted to United States Attorney's pretrial
diversion program; charges against him dismissed on condition they
would be reinstated should he fail to successfully complete one year
probation.
09/16/83: Baseman sentenced to $2,000 fine.
Herman Zeldenrust
83-442
(N.D. 111.)
Facts: Zeldenrust, plant manager for Joslyn Manufacturing and
Supply Co., disposed of 55-gallon drum of 100% PCBs at or near McGinty
Forest Preserve.
06/06/83: One count information filed charging violation of TSCA, Sec.
15[15U.S.C.§2614].
01/11/84: Defendant pleaded guilty to one count and sentenced to one
year probation and $3,000 fine to be paid from defendant's personal
funds.
Bryce Anderson
Randy Zimmerman
83-00038
(D. Neb.)
Facts: Ortho Paraquat CL, a registered pesticide for restricted use,
applied without EPA certification. Anderson, once a certified
applicator, had let certification lapse.
06/13/83: One count information filed charging each defendant with
violation of FIFRA, Sec. 12(a) [7 U.S.C. § 136(J)].
07/26/83: Anderson pleaded guilty to one FIFRA count and sentenced to
$100 fine (he had been recertified by EPA prior to sentencing). Charges
against Zimmerman dismissed.
Onis Lynwood Holley
Holley Electric Corporation
83-00119
(M.D. Fla.)
Onis Lynwood Holley
83-00169
(M.D. Fla.)
Facts: Full cleanup of PCBs falsely claimed under agreement with Air
Force. Disposal of PCBs by transformer rupture, placement in
underground diesel fuel tank, improper landfilling of PCB capacitors
and liquids. Also failed to properly mark drums. Holley is company
president.
08/10/83: 10-count indictment returned against company and Holley
charging six counts violation of TSCA, Sec. 15 [15 U.S.C. § 2614]; one
count false claim to government [18 U.S.C. § 287]; and three counts wire
fraud [18 U.S.C. § 1343].
10/27/83: Holley pleaded guilty to two-count superseding information
filed on same date charging one count TSCA violation and one count
false statements [18 U.S.C. 9 1001]. Company pleaded guilty to one count
TSCA violation and one count false claim.
12/02/83: Company sentenced to $35,000 fine and two years probation.
Holley sentenced to $25,000 fine and two years probation.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
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Defendant(s//Docket No./Court
Facts and Status
Laurence M. Welch
J, Welsh & Sons, Inc.
83-60543
(E.D. Mich.)
Facts: Hazardous waste consisting of discarded paint, varnish, and
other ignitable substances stored without permit and transported to
unpermitted facility. Laurence is president and operator of Barry Air
Tool Supply company which is in the parking lot maintenance
business.
09/21/83: Four-count information filed charging each defendant with
one count storage of hazardous waste in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)] and one count transportation of
hazardous waste to unpermitted facility of violation of RCRA, Sec.
3008(d)(l) [42 U.S.C. § 6928(d)(l)].
10/05/83: Both defendants pleaded guilty to all charges.
12/13/83: Welsh sentenced to two years imprisonment (all but four
months suspended) and two years probation. Company sentenced to
$1,000 fine.
Transformer Services (Ohio), Inc.
Gregory A. Booth
Robert W. Rafferty
83-00252A
(N.D. Ohio)
Facts: Transformer refurbisher and disposer, when cleaning up PCBs
from own facility under consent agreement with EPA, attempted to
dispose of and conceal PCB soils in Mogodore Auto Wrecking Yard.
Defendants claimed soil was stolen from facility. Booth was president
and general manager and Rafferty was warehouse and operations
manager.
09/29/83: Seven-count indictment returned charging:
Company and Rafferty • One count violation of TSCA, Sec. 15 [15
U.S.C. 9 2614], one count conspiracy [18 U.S.C. § 371], one count mail
fraud [18 U.S.C. § 1341], one count wire fraud [18 U.S.C. § 343], and
three counts false statements [18 U.S.C. § 1001].
Booth - One count under TSCA, one count conspiracy, one count mail
aunt i
ntlwi
fraud, one count! wire fraud, and one count false statements.
11/01/83: Charges against company dismissed.
12/14/83: Booth and Rafferty each pleaded guilty to one count TSCA
violation and one count wire fraud.
02/13/84: Booth and Rafferty each sentenced to 17 days in half-way
house on work release, two years probation and 240 hours community
service performed over two-year period. Failure to perform community
service would result in $50,000 fine for each individual.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendants)/Docket No./Court
Facts and Status
Robert Thomas Barnes
83-00214
(E.D. Va.)
Environmental Systems Services
83-00246
(E.D. Va.)
Facts: In performing contract work for NPDES permittees, Discharge
Monitoring Reports (DMRs) falsified as to environmental impacts of
pollutants. Barnes was vice president, managing partner, and
minority stockholder.
10/06/83: Barnes pleaded guilty to information filed on same date
charging two counts false statements in violation of Clean Water Act,
Sec. 309(c)(2) [33 U.S.C. § 1319(c)(2)].
10/28/83: Barnes sentenced to $500 fine, six months probation on each
count (to run concurrently), and 100 hours community service.
11/14/83: Company pleaded guilty to information filed same date
charging two counts violation of Clean Water Act, Sec. 309(c)(2) [33
U.S.C. § 1319(c)(2)], and sentenced to $5,000 fine.
Pacific Hide & Fur Depot, Inc.
William Knick
Jerry Graham
83-40028
(D. Idaho)
Facts: Hundreds of PCB capacitors and PCB liquids from transformers
dumped into pit adjacent to defendants' scrap metal salvaging facility
in Pocatello. William Knick manages this facility.
10/12/83: Five-count indictment returned (unsealed on lti/17/83)
against company and two corporate employees, charging company and
Knick with one count improper disposal of PCB capacitors, one count
improper disposal of PCBs, one count failure to property mark PCB
containers, and one count of failure to maintain required records
concerning PCB items, all in violation of TSCA, Sees. 15 and 16 [15
U.S.C. §§ 2614 and 2615(b)]; and one count failure to report release of
hazardous substance under CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
Graham charged with one count unlawful disposal of PCBs under TSCA
and one count failure to report release of hazardous substance under
CERCLA.
04/16/84: Following denial of defense motions, jury trial began.
05/03/84: After 10 days of trial, one TSCA PCB disposal count and the
CERCLA count were dismissed. These were only the counts that were
charged against defendant Graham.
05/04/84: Guilty verdict* returned against both company and Knick on
three remaining TSCA counts.
06/29/84: Company sentenced to $24,000 fine ($8,000 on each of three
counts). Knick sentenced to $3,000 fine ($1,000 on each count).
03/07/85: Appeal argued in Ninth Circuit.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL I INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
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Defendant(s)/Docket No./Court
Facts and Status
Pacific Hide & Fur Depot, Inc.
(cent, from previous page)
08/15/85: Ninth Circuit reversed convictions of both defendants on
ground that jury instruction on deliberate avoidance given under
United States v. Jpwell was improper.
12/26/85: Ninth Circuit denied government's petition for rehearing.
Facts: Disposal k>f PCBs and disposal and storage of transformers
containing PCBs under contracts with Department of Defense, and sale
of PCBs to asphalt paving company for use as fuel. False invoices and
manifests filed. , Case jointly investigated by EPA, FBI, Defense
Criminal Investigative Service, and City of Jacksonville, Bio-
Environmental Services. Cobb was president of the company, Hamm
was vice president, and Holloway was president of Holloway's Waste
Oil Service, a business involved in purchasing, handling, and selling
waste oil.
10/27/83: 24-count indictment filed charging company, Cobb, Hamm,
and Holloway as follows:
Company and Cobb - 12 counts false statements [18 U.S.C. § 1001];
eight counts mail fraud (18 U.S.C. § 1341]; one count false claims [18
U.S.C.§ 287]; and three counts violation of TSCA, Sec. 15 [15 U.S.C.
5 2614]. '
Hamm - 11 counts false statements, seven counts mail fraud, one
count false clai|ms and three counts under TSCA.
Holloway - One count under TSCA.
05/14/84: Trial began.
05/30/84: Jury returned verdicts of not guilty against all defendants.
American Electric Corporation
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
83-00170
(M.D. Fla.)
James Holland
83-891
(S.D. Fla.)
Facts: Owner of .Middle Keys Construction Company dredged and
filled 12 sites in loUer and middle Florida Keys between May 1980 and
August 1983 and, for one site, fraudulently represented to landowners
that all permits would be obtained.
11/02/83: 22-count indictment returned charging 11 counts violation of
Sec. 10 of Rivers and Harbors Appropriation Act of 1899 [33 U.S.C. § 403];
eight counts violation of Clean Water Act, Sees. 301 and 309(cXD [33
U.S.C. §§ 1311 and 1319(c)(l)]; and three counts mail fraud [18 U.S.C.
§ 1341].
02/21/84: Guilty plea entered to eight counts under Clean Water Act and
three counts under Rivers and Harbors Appropriation Act.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendants,\lDocket No./Court
Facts and Status
James Holland
(cont. from previous page)
06/07/85: Defendant sentenced to five years probation and 400 hours
community service. Also required to perform restoration at four sites.
05/27/88: Probation revoked; sentence imposed; $10,000 fine, 6 months
imprisonment, and debarred from construction activities.
Drum Recovery, Inc.
Gary Van Lom
Eugene F. Tienken
Charles Tuttle
84-00005
(D. Or.)
Facts: Transportation and dumping of sodium hydroxide on street and
improper labeling, storage, and disposal of PCBs by hazardous waste
handling and transporting company. Van Lom is part owner and
president of company, Tienken is part owner and general manager
and Tuttle is a sales manager.
01/17/84: 39-count indictment filed charging:
Company and Van Lom - Eight counts violation of TSCA, Sec. 15 [15
U.S.C. §2614]; two counts violation of CERCLA, Sec. 103(b) [42
U.S.C. § 9603(b)]; six counts mail fraud [18 U.S.C. § 1341]; one count
conspiracy [18 U.S.C. § 371]; and 22 counts violation of Hazardous
Materials Transportation Act {HMTA) [49 U.S.C. § 1809(b)J.
Tienken - Same as company and Van Lom except not charged
under CERCLA counts.
Tuttle - Six counts under TSCA, six counts mail fraud, one count
conspiracy, and 18 counts under HMTA.
03/14/84: Tuttle pleaded guilty to one TSCA count for improper labeling
of PCBs.
03/26/84: Tienken pleaded guilty to superseding information filed
same date charging five counts of violation of TSCA for improper
storage of PCBs.
03/27/84: Van Lom pleaded guilty to superseding information filed
same date charging one count violation of CERCLA, Sec. 103(b) and one
count violation of HMTA.
04/23/84: Tuttle sentenced to five years probation with conditions that he
stay out of hazardous waste business for period of probation, pay one-
third of the cleanup costs and court costs, and perform 100 hours
community service.
05/17/84: Van Lom sentenced to one year imprisonment and five years
probation with conditions including that he stay out of hazardous waste
business for period of probation and pay one-third of the cleanup costs.
Tienken sentenced to 90 days imprisonment and five years probation
and a requirement to pay one-third of the cleanup costs.
02/19/85: Charges dismissed against company.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year' 1984
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Defendant(s)/Docket No./Court
Facts and Status
Maritz, Inc.
84-00026
William E. Pieber
84-00027
(E.D. Mo.)
Facts: False statements contained in Discharge Monitoring Reports
and BOD limits in NPDES permits exceeded by wastewater treatment
plant in Fenton. Pieber is manager of Company's wastewater
treatment facility.
02/13/84: Five-count information filed against company charging four
counts violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33
U.S.C. §§ 1311(a) and 1319(c)(l)] and one count false statements [18
U.S.C. § 1001]. ''wo-count information filed on same date charging
Pieber with two c mnts violation of Clean Water Act, Sees. 301(a) and
309(c)(l).
02/15/84: Pieber pleaded guilty to all charges.
02/17/84: Company pleaded guilty to all charges.
03/09/84 - Pieber sentenced to 30 months probation, 150 hours community
service, and $2,500 fine.
03/23/84: Company sentenced to five years probation, $10,000 fine on
false statement count and $10,000 fine on one Clean Water Alt count;
$15,000 fines imposed on each of three remaining Clean Water Act
counts. Execution suspended pending submission and court approval of
community workplan within 90 days. In lieu of community service,
$45,000 in fines could be paid to designated charity.
08/16/85: Pieber's term of probation reduced to 24 months.
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Electro Sales Co., Inc.
84-00148
(D. Mass.)
Facts: Improper marking and storage for disposal of capacitors
containing PCBs ind false statements made by company president to
EPA concerning) removal of leaking capacitors from company
premises. j
04/11/84: Company waived indictment and pleaded guilty to two-count
information filed pn same date charging one count violation of TSCA,
See. 15 [15 U.S.Cj § 2614] and one count false statements [18 U.S.C.
§ 1001]. Company agreed to clean up site as part of plea agreement.
08/09/84: Company sentenced
installments by 01/02/85.
to $25,000 fine payable in two
James H. Hedrick
Terri, Lori, Chris, Inc.
84-00008
(W.D. Ky.)
Facts: Transportation, storage and disposal of electric furnace
emission control dust containing lead and cadmium without permit to
facilities in Kentucky and Tennessee. Terri, Lori, Chris, Inc.
(T.L.C.) is chemical brokerage firm with Hedrick as president.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant^s)'Docket No./Court
Facts and Status
James H. Hedrick
Terri, Lori, Chris, Inc.
(cont. from previous page)
James H. Hedrick
TLC, inc.
84-00084
(M.D. Term.)
Alley-Cassetty Coal Company
Donald M. Draper
85-00043
(M.D. Tenn.)
Alley-Cassetty Coal Company
Donald M. Draper
85-00007
(W.D. Ky.)
05/09/84: Three-count indictment filed in United States District Court
for Western District of Kentucky charging Hedrick and Terri, Lori,
Chris, Inc. each with one count transportation of hazardous waste to
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)]; one count disposal of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)l; and
one count conspiracy [18 U.S.C. § 371].
05/16/84: Indictment filed in United States District Court for Middle
District of Tennessee charging Hedrick and TLC each with one count
transportation of hazardous waste to unpermitted facility in violation of
RCRA, Sec. § 3008{d)(l) [42 U.S.C. § 6928(d)(l)] and one count disposal
of hazardous waste without permit in violation of RCRA, Sec.
§ 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)J.
07/18/84: Hedrick pleaded guilty to both counts charged in Middle
District of Tennessee.
07/18/84: Company pleaded guilty in Middle District of Tennessee to
same counts.
9
07/18/84: Hedrick and company each entered guilty pleas to all counts
charged in Western District of Kentucky.
03/14/85: Hedrick sentenced to one year and one day imprisonment for
charges in Middle District of Tennessee plus three years probation and
200 hours community service. Company fined $5,000 for charges on
same count.
03/19/85: Hedrick sentenced to one year and one day imprisonment
(sentence imposed in Tennessee served concurrently), and company
sentenced to $3,000 fine for charges in Western District of Kentucky.
Additional Facts: Alley-Cassetty carried out actual transportation of
emission control dust to strip mine sites for TLC, Inc. Draper was
former transportation manager.
03/25/85: Information filed in Middle District of Tennessee charging
Alley-Cassetty and Draper with one count transportation of hazardous
waste to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
U.S.C. § 6928(d)(l)].
03/28/85: Information filed in Western District of Kentucky charging
Alley-Cassetty and Draper with one count transportation of hazardous
waste to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) (42
U.S.C. § 6928(dXl)l.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
Defendant(s)/Docket No./Court
Alley -Cassetty Coal Company
Donald M. Draper
(cont. from previous page)
RAD Services, Inc.
Arthur Sciullo
George Gary
86-00011
(W.D. Ky.)
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Facts and Status
04/01/85: Defendants each entered guilty pleas to charges in Middle
District of Tennessee.
04/30/85: Draper sentenced, in Middle District of Tennessee, to one
year and one day imprisonment with all but six months suspended
(sentence recommended to be served in half-way house), two years
probation and $8,COO fine (to be paid within seven months).
05/14/85: Defendants each entered guilty plea to charges in Western
District of Kentucky.
09/27/85: Draper sentenced, in Western District of Kentucky, to one
year and one day imprisonment (all but six months suspended) plus two
years probation. Incarceration to be served concurrently with sentence
imposed in Tennessee; however, Draper not to be allowed to serve
sentence in half-way house.
09/30/85: Alley-Cassetty sentenced, in Western District of Kentucky, to
$25,000 fine. Civil penalty imposed on same date under the
administrative authority of the State of Tennessee. ,
12/09/85: Alley-Cassetty sentenced, in Middle District of Tennessee, to
$10,000 fine.
Additional facts: RAD Services engaged in chemical manufacturing
and, in 1982, stored toxic lead and cadmium emission control dust at
warehouse in Bowling Green. Sciullo is executive president and Gary
is head of chemical division.
04/25/86: Five-count indictment filed in Western District of Kentucky
charging company with three counts storage of hazardous waste without
permit in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; one
count transportation of hazardous waste to unpermitted facility in
violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(dXl)l; and one
count conspiracy [18 U.S.C. § 371]. Sciullo charged with two counts
violation of RCRA, Sec. 3008(d)(2); one count violation of RCRA, Sec.
3008(d)(l), and one count conspiracy. Gary charged with one count
violation of RCRA, Sec. 3008(d)(2) and one count conspiracy.
10/20/86: RAD Services pleaded guilty to two counts of RCRA storage
violations, Gary pleaded guilty to one such count and Sciullo pleaded
guilty to one count conspiracy and one count RCRA storage violation.
12/01/86: RAD Services was sentenced to a total fine of $75,000 to be paid
within one year.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
RAD Services, Inc.
Arthur Sciullo
George Gary
(cont. from previous page)
Gary - Sentenced to two years in the custody of the U.S. Attorney
General with all but 30 days in jail suspended, a $10,000 fine, 200
hours of community service and two years probation.
Sciullo - Sentenced to two concurrent two-year terms of
incarceration with all but six months suspended, a $10,000 fine, 200
hours of community service, and two years probation.
W. B. Sprague Company, Inc.
Alfred H. Treleven
Laurence R. Treleven
84-36
(W.D. Wash.)
Facts: Commercial pesticide applicators several times used strychnine
in grain belt to kill birds threatening grain elevators' contents.
Records falsified, listing use of nonrestricted pesticide. Alfred
Treleven is company's retired president and Laurence Treleven is
current president.
06/06/84: Two-count indictment filed charging company with one count
violation of FIFRA, Sec. 12(a) [7 U.S.C. § 136j(a)], Alfred Treleven and
Laurence Treleven each with one count violation of FIFRA and one
count violation of Migratory Bird Treaty Act [16 U.S.C. § 707].
06/29/84: Company pleaded guilty to information and sentenced to
$20,500 fine. Trelevens pleaded guilty to information and were fined
$5,500 each.
The Wyckoff Company, Inc.
William C. Cairns
David G. Chevalier
Charles D. Hudson
Donald D. Johnson
84-00167
(W.D. Wash.)
Facts: The Wyckoff Company engaged in pressure-treating wood
products with preservatives containing creosote, pentachlorophenol,
and arsenic. Polluted water pumped from unlined holding pit via fire
hose into nearby storm drains leading directly into Duwamish River.
Contaminated water siphoned from lagoon on company property into
Elliott Bay. Cairns is company's president, Chevalier is former
general superintendent, Hudson is technical director, and Johnson is
chief engineer.
06/21/84: 12-count indictment filed charging Cairns, Chevalier,
Hudson, and Johnson with seven counts violation of Clean Water Act,
Sees. 301 and 309(c)U) [33 U.S.C. §§ 1311 and 1319(c)(l)]; one count
storage and disposal of hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; two counts conspiracy [18
U.S.C. § 371] and two counts false statements [18 U.S.C. § 10013.
Company charged with seven counts violation of Clean Water Act, Sees.
301 and 309(c)(l); one count violation of RCRA, Sec. 3008(d)(2), one
count conspiracy [18 U.S.C. § 371]; and two counts false statements [18
U.S.C. § 1001].
01/24/85: AH defense pretrial motions denied.
03/11/85: On scheduled trial date, defendants pleaded guilty to four-
count superseding information as follows:
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
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Defendant(s)/Docket No./Court
Facts and Status
Wyckoff Company, Inc., et al.
(cont. from previous page)
Company - One count storage of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A), one count discharge of
pollutants without permit in violation of Clean Water Act, Sees. 301
and 309(c)(l) and one count conspiracy to violate Clean Water Act.
Cairns - One count storage of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A).
Chevalier, Hudson and Johnson - One misdemeanor count each of
conspiracy to violate Clean Water Act [18 U.S.C. § 3713.
04/19/85: Defendants sentenced as follows:
Company - As per plea agreement, fined $1,000,000 (all but $150,000
suspended), five years probation on condition it obey all laws,
expeditiously clean up facility, and pay $850,000 into trust account
administered by Region X for study and cleanup of site.
Cairns - One year imprisonment (all but 60 days suspended), two
years probation, $25,000 fine.
Chevalier - Twfo years probation plus 200 hours community service;
$10,000 fine,
Hudson - To pay a $5,000 fine, two years probation, and 150 hours
community sejrvice.
Johnson - To pay a $2,500 fine, two years probation, and 100 hours
community service.
John Martin Anderson
84-00056
(D. Wyo.)
Facts: Restricted use pesticide (diclofop methyl) sold to noncertified
applicator for use on applicator's ranch, and required records
concerning sales of xylene falsified. Also pesticides discharged into
Big Horn River without NPDES permit. John M. Anderson was
president of A.C. Supply, Inc.
06/22/84: Six-count indictment filed charging four counts violation of
FIFRA, Sec. 12(a) [7 U.S.C. § 136j(a)]; one count violation of Clean
Water Act, Sees. 301 and 309(c)U) [33 U.S.C. §§ 1311 and 1319(cXDJ; and
one count false statements [18 U.S.C. § 1001].
09/18/84: Defendant pleaded guilty to three FIFRA counts and one count
violation of Clean Water Act.
11/20/84: Defendant sentenced to three years probation plus compliance
with all environmental laws for 18 months and $5,000 contribution to
Big Horn County Agricultural Extension Service or, in the alternative,
fine of $6,150.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Performance Advantage, Inc.
Lyndol Bolton
84-00122
(M.D. Ala.)
Hayes International Corporation
Louis H. Beasley
Performance Advantage, Inc.
Lyndol Bolton
Ray Kelley
V. O. Abrams
David Smith
84-00123
(M.D. Ala.)
Facts: Pollutants discharged through hose from lagoon into water by
facility processing waste oil and jet fuel (Performance Advantages
Hazardous waste from company in business of removing paint from
used aircraft (Hayes International) disposed of and released without
notification. Beasley is Hayes employee responsible for disposal of
hazardous wastes. Bolton is president of Performance Advantage.
Abrams operated Coosa County landfill, Kelley and Smith are
residents of Coosa County, Alabama.
06/28/84: Two indictments returned. First charged Performance
Advantage and Bolton with four counts discharge of pollutants without
NPDES permit in violation of Clean Water Act, Sees. 301 and 309(c)(l)
[33 U.S.C. §§ 1311 and 1319(c)(l)]. Second indictment charged 19 counts
as follows:
Hayes and Beasley - Eight counts transportation of hazardous waste
to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
U.S.C. § 6928(d)(l)]; five counts storage and/or disposal of
hazardous wastes without permit in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)3; one count conspiracy [18
U.S.C. § 371].
Performance Advantage and Bolton - Eight counts violation of
RCRA, Sec. 3008(d)(l); six counts violation of RCRA, Sec.
3008(d)(2)(A), one count knowing endangerment in violation of
RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)l; one count failure to report
release of hazardous substance under CERCLA, Sec. 103(b) [42
U.S.C. § 9603(b)]; and one count conspiracy.
Kelley - One count violation of RCRA, Sec. 3008(d)(l), four counts
violation of RCRA, Sec. 3008(d)(2)(A), one count knowing
endangerment in violation of RCRA, Sec. 3008(e), and one count
conspiracy.
Abrams - One count under CERCLA, Sec. 103(b), one count under
RCRA, Sec. 3008(dX2), and one count conspiracy.
Smith - One count under RCRA, Sec. 3008(d)(l) and one count
conspiracy.
08/29/84: Performance Advantage and Bolton each pleaded guilty to one
count under Clean Water Act, Sees. 301 and 309(c)(l) and one count
under RCRA Sec. 3008(d)(l).
10/09/84: Trial began against Hayes International, Beasley, Abrams,
and Smith. Kelley remained fugitive.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
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10/19/84: Jury returned guilty verdicts against Hayes International
and Beasley on eight counts each of transportation to unpermitted _
facility under RCJRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)J. Both •
defendants acouitted on consniracv counts. •
Defendant(s)/Docket No./Court
Facts and Status
Performance Advantage, Inc., et al.
(cont. from previous page)
Ray Kelley
86-189 N
(M.D. Ala.)
10/16/84: Court entered judgment of acquittal as to Abrams and Smith
after conclusion of government's case.
10/17/84: After both sides rested, Court acquitted Hayes International
and Beasley on five storage and disposal counts.
defendants acquitted on conspiracy counts.
11/15/84: District Judge Robert Varner set aside jury verdicts and
acquitted Hayes International and Beasley on all counts.
11/26/84: Performance Advantage sentenced to $2,500 fine on Clean
Water Act count and $50 fine on RCRA count. Bolton sentenced to $2,500
fine plus five years probation on CWA count and five years probation on
RCRA count; sentences to run concurrently.
12/13/84: Protective notice of appeal filed by government in Eleventh
Circuit Court with respect to decision overturning jury verdicts against
Hayes International and Beasley.
06/18/85: Government's brief filed in Eleventh Circuit.
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12/19/85: Appeal argued in Eleventh Circuit.
04/21/86: Reversal by Eleventh Circuit of decision overturning jury
verdict against Hayes International and Beasley.
06/11/86: Hayes International sentenced to $2,500 fine and Beasley
sentenced to $1,000 fine.
Facts: Kelley was a fugitive at the time of the trial.
11/25/86: Three-count indictment filed charging Kelley with violation
of RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)J.
03/03/87: After a two-day trial, the jury returned a guilty verdict to alt
three counts of the indictment charging Ray Kelley with storage of
hazardous waste \jrithout a RCRA permit.
04/16787: Kelley was sentenced to serve one year imprisonment on each
of the three RC^IA counts, to be served concurrently, execution of
imprisonment suspended, and placed on one year probation.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
SCA Chemical Services 'MA), Inc.
84-00157
(D. Mass.)
Facts: At least 10 pounds of PCBs released in Braintree, Massachusetts
without permit or notification.
08/09/84: One-count information filed charging company with failure
to report release of hazardous substance under CERCLA, Sec. 103(b) [42
U.S.C. § 96030))].
09/06/84: Company entered guilty plea and sentenced to $7,500 fine.
George Mills
84-00165
(M.D. Tenn.)
George Mills
84-00119
(S.D. Ala.)
Facts: Storage of hazardous waste and failure to give required
notification of existence of hazardous waste facilities located in
Nashville and Smyrna, Tennessee and in Semmes, Alabama.
09/19/84: Four-count indictment filed in United States District Court for
Middle District of Tennessee (unsealed on 09/21/84) charging two
counts storage of hazardous waste without permit in violation of RCRA,
Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; and two counts failure to
notify of existence of hazardous waste facility in violation of CERCLA,
Sec. 103(c) [42 U.S.C. § 9603{c)].
11/28/84: One-count information filed in United States District Court
for Southern District of Alabama charging violation of CERCLA, Sec.
103(c) for failure to notify of existence of hazardous waste facility.
12/11/84: Mills entered guilty plea, under Rule 20 of the Federal Rules
of Criminal Procedure, in Middle District of Tennessee to two counts of
violation of CERCLA, Sec. 103(c) in Tennessee and one count violation
of CERCLA, Sec. 103(c) in Alabama.
01/29/85: Mills sentenced to five years probation, $30,000 fine and
condition that full written account of actions and recommendations for
compliance to avoid similar contraventions of environmental laws be
submitted to professional journals in field.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(sj/Docket No./Court
Facts and Status
Mario A. Segale
M. A. Segale, Inc.
William Bartholomew
85-267
{W.D. Wash.)
Mario A. Segale
M. A. Segale, Inc.
William Bartholomew
CR84-73T
(W.D. Wash.)
Facts: Asphalt manufacturer operated new source and gases
discharged in excess of performance standards with respect to opacity.
Segale is company president and Bartholomew is division manager.
11/14/84: Information filed charging company, Segale and
Bartholomew with four counts violation of Clean Air Act, Sec.
113(c)U)(C) [42 U.S.C. § 7413(c)(l)(C)J; and regulations at 40 CFR
§ 60.92.
03/11/85: Court dismissed all charges against defendants.
04/16/85: Information refiled charging same defendants with same
four counts of violating opacity standards (see above citations).
09/10/85: Office of United States Attorney agreed to defense motion to
dismiss all charges on ground that state inspector making opacity
recordings had not been certified by EPA within six months preceding
violation.
John Van Hoesen
84-00838
(N.D. 111.)
John Suerth
84-00840
(N.D. 111.)
Facts: 150,000 gallons of spent halogenated solvent handled without
permit at chemical recycling facilities in Schiller Park and Des
Plaines and false statements made to EPA claiming exemption from
regulations. Van Hoesen is managerial employee and Suerth is
president of QuVoe Chemical Industries, Inc.
11/15/84: Information filed charging Van Hoesen with one
misdemeanor count for concealing records under RCRA, Sec.
3008(dX4) [42 U.S.C. § 6928(d)(4)]. Separate indictment filed against
Suerth charging 11 counts transportation of hazardous waste to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(dXl)]; two counts treatment, storage, and disposal of hazardous
waste without permit under RCRA, Sec. 3008(d)(2) (42 U.S.C.
§ 6928(d)(2)], and one count false statements [18 U.S.C. § 1001].
11/23/84: Van Hoesen pleaded guilty to one RCRA count.
11/29/84: Superseding indictment filed charging Suerth with same
substantive charges.
OV16/85: Van Hoesen sentenced to three years probation plus $4,000 fine
and 300 hours community service.
03/25/85: Suerth pleaded guilty to superseding information filed on
same date charging two counts concealment of required records under
RCRA, Sec. 3008(d)(4).
05/24/85: Suerth sentenced to nine months imprisonment plus five
years probation and $25,000 fine.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 11985
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Facts and Status
Dale L. Knoedler
Jim D. Newman
Roger Swenson
CR-84-0-59
(D. Neb.)
Facts: Routine EPA inspection discovered facility lacked technical
capability to analyze samples for fecal coliform (FC) parameters.
Discharge Monitoring Reports stated "0" FC discharge; lab denied
testing. Knoedler is sewage treatment technician, Newman is
controller and Swenson is plant manager of Dugdale of Nebraska, Inc.
11/19/84: Five-count information filed charging Knoedler and
Newman with four counts submitting false statements under Clean
Water Act, Sec. 309(c)(2) [33 U.S.C. § 1319(c)(2)]. Swenson charged with
one count violation of permit conditions under Clean Water Act, Sees.
301 and 309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)].
12/04/84: Knoedler pleaded guilty to two counts violation of Clean
Water Act, Sec. 3Q9(c)(2) and sentenced to one year probation and S300
fine on each count plus court costs.
03/26/85: Five-count superseding information filed against Newman
and Swenson charging Newman with four counts violating NPDES
permit conditions and Swenson with one count of same violation, all
under Clean Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and
06/03/85: On scheduled trial date, all charges against Swenson and
Newman dismissed on motion by Office of United States Attorney.
George Henry Garson
85-00001
(E.D. Pa.)
Facts: Waste solvents introduced into POTW causing potential fire
and explosion hazard. Garson was 71-year-old former president of
Barrett Chemical Company.
01/03/85: One-count information filed charging defendant with willful
and negligent discharge into a POTW, in violation of pretreatment
standards under Clean Water Act, Sees. 307 and 309(c)(l) [33 U.S.C.
§§ 1317 and 1319(cXl)].
01/05/85: Defendant pleaded guilty.
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01/10/85: Defendant sentenced to $2,500 fine and three years probation,
including two hours per week community service during first year.
Ross L. Talbott
Ross M. Talbott
85-00012
(D. Colo.)
Facts: Azinphos methyl 50W, a restricted use pesticide, applied
inconsistent with labeling to apple orchard and trailer park in New
Castle. Failure W notify tenants and prevent re-entry for 48 hours, as
required. Defendants were corporate principals of Talbott Enterprises,
Inc.
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01/11/85: One-count information filed charging both defendants with
violation of FIFRA, Sees. 12 and 14 [7 U.S.C. §§ 136 l(b)(2) and •
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No./Court
Facts and Status
Ross L, Talbott, et al.
'cont. from previous page)
02/25/85: Both defendants pleaded guilty to the count charged.
03/25/85: Ross L. Talbott sentenced to pay a $100 fine and Ross M.
Talbott fined $50.
K. W. Thompson Tool Co., Inc.
(aka Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
85-08
(D.N.H.)
Facts: Dumping of hazardous waste, including cyanide, barium,
potassium nitrate, and sodium hydroxide into ditch emptying into
Cocheco River and into ground for percolation. Casting wax
containing PCBs improperly stored and no records maintained.
Company is metal casting and firearms manufacturer in Rochester.
Gustafson is president and Ronayne and Behre were vice presidents.
03/18/85: 50-count indictment filed charging:
Company and Ronayne - 41 counts discharge of pollutants without
permit in violation of Clean Water Act, Sees. 301 and 309(c){l) [33
U.S.C. §§ 1311 and 1319(c)(l)]; three counts violating storage,
marking and recordkeeping standards relating to PCBs under
TSCA, Sec. 15 [15 U.S.C. § 2614]; one count treatment, storage, and
disposal of hazardous waste without permit under RCRA, Sec.
3008{d)(2) [42 U.S.C. § 6928(d)(2)]; one count failure to notify of
release of hazardous substance in violation of CERCLA, Sec. 103(b)
[42 U.S.C. § 9603(b)]; one count failure to notify of existence of
hazardous waste disposal facility in violation of CERCLA, Sec.
103(c) [42 U.S.C. § 9603(c)]; one count false statements in response to
industrial waste questionnaire [18 U.S.C. § 1001] and two counts
conspiracy to violate Clean Water Act (misdemeanor) and RCRA
(felony).
Behre - Charged on all same counts except false statements.
Gustafson - 41 counts violation of Clean Water Act, Sees. 301 and
309(c)(l), and three counts violation of TSCA standards.
06/24/85: Jury viewing of site conducted by Court.
06/25/85: Trial began.
07/01/85: The company entered guilty plea to 15 counts in violation of
Clean Water Act, Sees. 301 and 309(c)(l), one count under CERCLA,
103(b) and one count under CERCLA, 103(c).
07/02/85: Company sentenced to $4,000 fine on each Clean Water Act
count plus $7,500 on each CERCLA count for total of $75,000. Charges
against individuals dismissed.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DEPOSITIONS
Fiscal Year
1985
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Facts and Status
Robert Clements, Inc.
85-00069
(E.D. Va.)
Facts: Failure to notify EPA of release of hazardous substance in excess
of one pound from! facility in Alexandria.
04/03/85: Company entered guilty plea to one-count information filed
same day charging failure to report release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
04/26/85: Company sentenced to and paid $4,000 fine.
Venus Laboratories, Inc.
85-00238
(N.D. 111.)
Facts: Liquid chemical wastes, including cleansers, drain cleaners,
and other cleaning agents discharged into tributary of Des Plaines
River without permit. Company allowed contaminated runoff to drain
into river via ditch and was believed to have hidden pipe connecting
plant drains to city's storm sewers. EPA personnel observed highly
contaminated water entering river.
04/17/85: 22-count indictment filed charging company with negligent
discharge of liquid chemical wastes into river without permit in
violation of Clean Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311
and 1319(c)(l)].
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08/01/85: Company entered guilty plea to four counts violation of Clean
Water Act.
09/17/85: Company sentenced to $2,500 fine on each count for $10,000
total.
CSI Technologies, Inc.
85-0325
(S.D. Cal.)
Facts: Importation and distribution of specialized high voltage, high
frequency capacitors containing PCBs from partner in Columbia under
technical assistance contract.
04/16/85: Sealed, four-count information filed charging two counts of
smuggling [18 U.S.C. § 545] and two misdemeanor counts under TSCA,
Sec. 15, for illegal distribution in commerce of capacitors containing
PCBs [15 U.S.C.§ 2^614].
04/18/85: Company waived indictment and pleaded guilty to
information unsealed on this date. Company sentenced to $30,000 fine
and ordered to destroy all seized capacitors.
Richard Allen Taggert
Keith Egan
85-60016
(D. Or.)
Facts: False statements made to State of Oregon inspector concerning
accumulation of hazardous wastes. Egan was plant manager and
Taggert was plant I superintendent of Evans Transportation Company.
04/24/85: One-count information charging both defendants with one
count false statements under RCRA, Sec. 3008(d)(3) [42 U.S.C.
$ 6928(dX3)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendantfs;/Docket No./Court
Facts and Status
Richard Allen Taggert, et al.
(cont. from previous page)
04/30/85: Egan pleaded guilty to aiding and abetting, and making false
statements under RCRA.
05/07/85: Taggert pleaded guilty to making false statements under
RCRA.
06/04/85: Egan and Taggert each sentenced to $2,500 fine.
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Albert Mardikian
Garo Mardikian
85-00509
(C.D. Cal.)
Sembat Agob
85-00182
(C.D. Cal.)
Facts: Automobile import and emission testing facility in Orange
County used mail fraud scheme to defraud EPA and Customs Service
regarding importation of motor vehicles not conforming to Clean Air
Act emissions standards and submittal of false test data to EPA from
mid-1981 until 1984. Albert Mardikian was chief operations officer and
Garo is Albert's nephew and plant manager. Agob was an employee of
Albert Mardikian Engineering, Inc.
05/22/85: 35-count felony indictment charging Albert Mardikian with
17 counts mail fraud [18 U.S.C. § 1341] and 18 counts false statements [18
U.S.C. § 1001]. Garo Mardikian was charged with 10 counts of mail
fraud.
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08/07/85: Trial began.
08/08/85: During presentation of government's case, Albert Mardikian
entered guilty plea to nine counts false statements and one count mail
fraud. Garo Mardikian entered guilty plea on same date to three counts
mail fraud.
08/12/85: One-count information filed charging Agob with one count
false statements [18 U.S.C. § 1001]. Agob was an employee of
Mardikian Engineering.
08/13/85: Agob waived indictment and pleaded guilty.
11/04/85: Agob sentenced to five years imprisonment (all but 20 days
suspended and served on weekends), five years probation plus 2,500
hours community service.
11/25/85: Albert Mardikian sentenced to five years imprisonment (all
but six months suspended), five years probation plus 2080 hours
community service consisting of at least eight hours per week over five-
year period teaching under-privileged individuals how to improve job
seeking skills; Albert also required to place no fewer than 20
individuals each year into jobs plus restitution to injured parties. Garo
Mardikian sentenced to five years imprisonment (all but 30 days
suspended and served on weekends), five years probation plus
community service over five-year period.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
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Defendant(s)/Docket No./Court
Facts and Status
Eric Donald Roth, Sr.
85-00119
(E.D. Mo.)
Facts: Five citjes paid chemical laboratory in Festus, Missouri to
perform tests required by Clean Water Act permits. Laboratory owner
submitted false Discharge Monitoring Reports to Missouri Department
of Natural Resources. Statements of business associates indicated
knowing violations.
05/23/85: 10-count indictment filed charging Roth (d/b/a Analyst
Consulting Laboratories, Inc.) with three counts false statements [18
U.S.C. § 1001]; }wo counts mail fraud [18 U.S.C. § 1341]; and five
misdemeanor counts of false statements under Clean Water Act, Sec.
309(cX2) [33 U.S.C. § 1319(c)(2)].
08/01/85: Roth pleaded guilty to one felony count of false statements and
two misdemeanor counts of false statements.
09/06/85: Roth sentenced to four months imprisonment on each Clean
Water Act count (terms to run concurrently). Sentencing on felony
count suspended pending completion of five years probation and 200
hours community service.
Layton Brothers Drum Company, Inc.
Willie Frank Mines
85-00174
(D. Colo.)
Facts: Storage and disposal of hazardous waste without permit, and
transportation of hazardous waste via interstate highway 1-70 through
Eisenhower Tunnel without manifests. Oils and other liquid refuse
matter channeled'via earth trench into Ralston Creek without permit.
Hines was company manager.
05/23/85: 11-count indictment filed charging company with three counts
disposal of hazardous waste without permit and four counts storage of
hazardous waste without permit, all in violation of RCRA, Sec.
3008(dX2) [42 U.S.C. § 6928(d)(2)]; one count false statements [18 U.S.C.
§ 1001]; one count violation of the Rivers and Harbors Appropriation Act
of 1899 (Refuse Aci), Sec. 13 [33 U.S.C. § 407]; and one count violation of
the Hazardous Materials Transportation Act (HMTA) [49 U.S.C.
§ 1809]. Hines charged with one count false statements.
07/12/85: Superseding information filed against same defendants •
charging same coiints. |
09/12/85: Company entered guilty plea to one count violation of Refuse
Act and one count violation of HMTA. Charges against Hines were
dismissed.
10/24/85: Company sentenced to $10,000 fines on HMTA count and
$2,000 fine for Refuse Act violation.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendants/Docket No./Court
Facts and Status
Frankel Manufacturing Company
85-224
(D. Colo.)
Facts: Storage of hazardous waste without permit in excess of 1,000
kilograms.
07/17/85: Company waived indictment and entered plea of guilty to
information filed on same date charging one count violation of RCRA,
Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)].
08/30/85: Company sentenced to $200,000 fine and three years probation.
First $100,000 payable in two annual installments beginning 08/30/86.
Remaining $100,000 suspended if terms of probation, including cleanup
and $100 assessment to Crime Victim's Fund are met.
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• Fried Industries, Inc.
85-58
(D.N.J.)
Facts: Manufacturer of cleaning agents and detergents stored and
disposed of industrial chemicals containing methylene chloride,
trichloromethane, phenanthrene, and phthalates without permit and
without notification to EPA.
07/31/85: Company waived indictment and pleaded guilty to two-count
information filed same date charging one count storage of hazardous
waste without permit in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C.
§ 6928(d)(2)] and one count failure to notify of release of hazardous
substance under CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)]. Company
sentenced on same date to $40,000 fine.
Peter J. Vileisis, Jr.
Maurice Fabian i
Waterbury House Wrecking Co., Inc.
N-85-46
(D. Conn.)
Facts: Building demolition at Old Pin Shop in Oakville without notice
to EPA, without removing asbestos prior to demolition and without
wetting asbestos material exposed during operation. Vileisis is
president of company and Fabiani is owner of Old Pin Shop.
08/01/85: Five-count indictment filed charging company and Vileisis
with three counts causing asbestos emissions in violation of Clean Air
Act, Sees. 112(c)(l)(B>, 112(e)(5), and ll3(c){l)(C), [42 U.S.C.
§§ 7412(cXlKB), 7412(eX5), and 7413(c)(l)(O] and regulations at 40 CFR
5 61.146, and Fabiani with two counts of same Clean Air Act violations.
11/04/85: Vileisis pleaded guilty to one count superseding information
filed same date charging failure to remove asbestos prior to
commencement of demolition in violation of Clean Air Act, Sees.
112(c)(l)(B), 112(e)(5), and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B),
7412(eX5), and 7413(cXD(O] and 40 CFR § 61.147.
11/05/85: Fabiani pleaded guilty to same charge in one-count
superseding information filed this date.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAI^ INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
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Defendant(s;/Docket No./Court
Facts and Status
Peter J. Vileisis, Jr., et al.
(cont. from previous page)
12/19/85: Vileisi4 sentenced to one year suspended sentence, five years
probation, $25,000 fine plus $25 penalty assessment, 1,000 hours
community service and must attend, at own expense, seminars on
disposal of asbesios. Fabiani sentenced to one year imprisonment (all
but 30 days suspended), five years probation, $25,000 fine plus $25
penalty assessment and 1,000 hours community service.
12/23/85: Charged dismissed against company.
05/05/86: Old Pin; Shop and Waterbury House Wrecking each placed on
EPA's List of Violation Facilities under 40 CFR Part 15 resulting in
ineligibility for EPA contracts, grants, and loans.
Richard M. Mims
85-252
(N.D. Tex.)
Facts: Mims was, former president of Brass Mill Co., a brass plating
company, which directed employees to dump a dozen 55-gallon drums of
toluene at L. B. Houston Nature Area.
08/20/85: One-count indictment filed charging defendant with disposal
of hazardous waste without permit in violation of RCRA, Sec. 3008(d)(2)
[42 U.S.C. § 6928(dX2)].
08/28/85: Defendant pleaded guilty.
09/25/85: Defendant sentenced to two years probation and $2,500 fine
payable either in lump sum or monthly installments.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Norbert Emel Gall
Dennis Ray Alston
Phillip Anthony Williams
Brigitte Gertrud Laurus
85-236
(S.D. Tex.)
Norbert Emel Gall
Freddie Lee Fincher, Sr.
Donald Lee Fincher
Brigitte Gertrud Laurus
85-278
(S.D. Tex.)
Facts: Automobile broker and associates imported cars from Germany
and deceived EPA into granting "five-year-old exemption" of
nonconforming vehicles from Clean Air Act requirements. Freddie
Fincher was principal stockholder and president of Fred Fincher
Motors, Inc. and Donald Fincher was general manager and executive
vice president. Alston was owner of D.R.A. Construction Company and
Williams was Alston's employee. Laurus is a permanent resident
alien of the U.S. and a citizen of Germany.
10/04/85: 31-count indictment filed charging Gall, Alston, and
Williams each with one count conspiracy [18 U.S.C. §3713; 10 counts
entering goods into country by means of false statements [18 U.S.C.
§ 542]; 10 counts smuggling [18 U.S.C. § 5451; and 10 counts false
statements to EPA and Customs Service [18 U.S.C. § 1001]. Laurus
charged with one count conspiracy.
11/26/85: 47-count indictment filed charging Freddie Fincher and
Donald Fincher each with one count conspiracy [18 U.S.C. §371]; 17
counts entering goods into country by means of false statements [18
U.S.C. § 5421; 12 counts smuggling [18 U.S.C. § 545], and 17 counts false
statements to EPA and Customs Service [18 U.S.C. § 1001] .Laurus
charged with one count conspiracy, one count false statements, and two
counts smuggling.
12/04/85: Williams pleaded guilty to one count conspiracy [18 U.S.C.
| 371] and three counts smuggling [18 U.S.C § 545].
01/28/86: Superseding information filed charging Laurus with one
count false statements under the Clean Air Act, Sec. 113(c)(2) [42 U.S.C.
§ 7413(c)(2)].
02/06/86: Gall entered guilty plea under first indictment to one count
conspiracy [18 U.S.C. § 371] and six counts entry of goods by way of false
statements [18 U.S.C. § 542].
02/14/86: Gall entered guilty plea under second indictment to one count
conspiracy, four counts entering goods by means of false statements,
and five counts smuggling.
03/25/86: Laurus pleaded guilty to one count under Clean Air Act, Sec.
04/17/86: Freddie Fincher and Donald Fincher each pleaded guilty to
one count entry of goods into country by false statements [18 U.S.C.
§545].
05/27/86: Freddie Fincher and Donald Fincher each fined $10,000.
07/10/86: Laurus sentenced to one year probation.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Yeail 1986
Defendant(s)/Docket No./Court
Norbert Emel Gall, et a!.
(cont. from previous page)
Edward F. Wiatt
H36-278
(S.D. Tex)
Douglas G. Hoflin
85-82
(W.D. Wash.)
Facts and Status
Facts: Wiatt was co-owner of Grand Prix Motors and imported foreign
automobiles under a "five-year-old exemption" obtained from EPA.
10/10/86: Information filed charging Wiatt with 10 counts of submitting
fraudulent documents to EPA in violation of Clean Air Act, Sec.
113(c)(2) [42 U.S.q. § 7413(c)(2)].
10/14/86: Alston pleaded guilty to a single felony count of conspiracy to
violate 18 U.S.C. §§ 542, 545, and 1001 and 10 misdemeanor counts
under Sec. 113(c)(2) of the Clean Air Act for the knowing submission of
false statements t EPA.
11712/86: Wiatt pleaded guilty to a six-count criminal information
charging him with submitting fraudulent documents to EPA in
violation of the Clean Air Act, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)].
12/01/86: Alston sentenced to $24,000 fine, including restitution
payments of approximately $3,800 and six months probation. Williams
sentenced to three years probation and 80 hours of community service.
12/17/86: Wiatt sentenced to $1,500 fine and 150 hours of community
service.
Facts: Former public works director for the City of Ocean Shores,
Washington buried 14 drums of old road striping paint at City's sewage
treatment plant adjacent to National Wildlife Refuge in sandy soil
next to ocean, and dumped 3,500 gallons of raw sewage into sandy
depression, also ne|xt to ocean.
10/10/85: Three-count indictment filed charging defendant with one
count conspiracy to violate RCRA [18 U.S.C. § 371], one count disposal of
hazardous waste without permit under RCRA, Sec. 3008(d)(2) [42 U.S.C.
9 6928(dX2)], and ine count burial of raw sewage in violation of sewage
treatment plant permit under Clean Water Act, Sees. 301 and 309(c)(l)
[33 U.S.C. H 1311 and 1319{c)(l)].
02/24/86: After five days of trial, jury returned guilty verdict.
Defendant convicted of one RCRA count and one Clean Water Act
count.
03/28/86: Defendant sentenced to two years probation and 200 hours
community service.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket NoVCourt
Facts and Status
Georgia Bonded Fibers, Inc.
85-00078
William Garry Byles
85-00075
James C. Kostelni
85-00076
Daniel LaVietes
85-00077
(W.D. Va.)
Facts: Joint investigation by EPA, Defense Criminal Investigation
Service, and Virginia Water Control Board. Repeated instances of
bypassing wastewater treatment plant and discharging into Maury
River, reporting fictitious laboratory results in Discharge Monitoring
Reports (DMRs) and filing false statements pertaining to DOD contract
specifications concerning military baseball-type cap visors made
using company's Bondex fiber board. Kostelni was president, LaVietes
was former vice president for research and development, and Byles was
chief chemist.
10/17/85: Defendants pleaded guilty to following charges in four
separate informations filed on this date:
Byles - Pleaded guilty to one-count information charging false
statements in DMRs in violation of Clean Water Act, Sec. 309(c)(2)
[42 U.S.C. § 1319(c){2)] and sentenced on same date to $500 fine.
Kostelni - Pleaded guilty to three-count information charging two
counts discharge of wastewater in violation of NPDES permit under
Clean Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§1311 and
1319{cXD], and one count conversion of Government property under
DOD contract [18 U.S.C. § 641]. Kostelni sentenced on same date to
fines of $10,000, $10,000 and $500, respectively, for total of $20,500 (all
but $5,000 suspended).
Company - Waived indictment and entered guilty plea to three-
count information charging one count discharge of pollutants into
river in violation of NPDES permit under Clean Water Act, Sec.
309(cXD, one count false statements in DMRs in violation of Clean
Water Act, Sec. 309(c)(2) and one count false statements in
certification under DOD contract [18 U.S.C. § 1001]. Company
sentenced on same date to fines of $25,000, $10,000 and $10,000 on
each count for total of $45,000, $15,000 restitution to Government as
settlement of claim under False Claims Act, and directed to
reimburse Government for costs of investigation ($11,050 to EPA
and $1,600 to DOD).
LaVietes - Charged with one count making false statements in
DMRs under Clean Water Act, Sec. 309(c)(2) and one count
conversion of Government property [18 U.S.C. § 641].
11/08/85: LaVietes pleaded guilty to all counts charged and sentenced to
$1,500 fine (all but $500 suspended), plus unsupervised probation for two
years.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No./Court
Facts and Status
Electric Service Company
Laddie F. Snyder
Ernest J. Mondron
Franklin D. Baker
Wallace D. Childers
85-0117
(S.D. Ohio)
Facts: Electric Service Co. was engaged in business as a refurbisher
and disposer of PCB items, primarily transformers, signed
administrative consent order with EPA Region V, requiring firm to
bring its facility into compliance with PCB regulations. Snyder was
company president, Mondron was sales manager, and both Baker and
Childers were foremen.
10/17/85: Six-cou^it indictment filed charging:
Company, Snyder and Mondron - Four counts violation of TSCA for
improper storage and disposal of PCB-contaminated dirt, failure to
properly mark storage area and failure to properly decontaminate
equipment used to move dirt [15 U.S.C. § 2614], one count conceal-
ment from Agency of unauthorized storage of PCB-contaminated
dirt [18 U.S.C, § 1001] and one count conspiracy to violate TSCA [18
U.S.C. § 371].
Baker - Two counts violation of TSCA for improper disposal and
improper storage and one count conspiracy to violate TSCA.
Childers - One count improper storage under TSCA and one count
conspiracy.
02/15/86: Jury returned guilty verdict against company, Snyder,
Mondron, and Baker and acquitted Childers. Company and Mondron
each convicted on one count illegal PCB disposal, one count failure to
mark PCB storage area in violation of TSCA, Sees. 15 and 16(b) [15
U.S.C. §5 2614 and 2615(b)]; one count concealment from EPA of
unauthorized PCB storage [18 U.S.C. § 1001]; and one count conspiracy
to defraud U.S. Government [18 U.S.C. § 371]. Snyder convicted of one
count concealment of PCB storage [18 U.S.C. § 1001]; and one count
conspiracy [18 U.S.C. § 371]. Baker convicted on one count illegal PCB
disposal in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and
2615(b)]; and one count conspiracy.
04/14/86: Company sentenced to one year probation on condition that it
perform community service by sending letter to businesses using toxic
substances and generating hazardous waste advising of the penalties of
violating the law. Company also to pay $30,000 total fine. Mondron
sentenced to five years imprisonment (sentence suspended) plus one
year probation and 100 hours community service. Snyder sentenced to
two years imprisonment (sentence suspended) plus two years probation
and 100 hours community service. Baker received one year suspended
sentence, one year probation, and 100 hours community service.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendants/Docket No-Court
Facts and Status
Alan M. Franko
85-1146-M
(E.D. Va.)
Facts: Failure to notify proper U.S. Government Agency prior to
removal of asbestos material while fulfilling Department of Navy
contract awarded for removal and disposal of asbestos pipe insulation at
Naval Observatory in Washington, D.C. Franko is former vice
president and project manager of AMF Insulation Co.
10/31/85: Defendant pleaded guilty to one count information filed same
date charging failure to report release of hazardous substance (asbestos)
in violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
12/02/85: Defendant sentenced to 30 days suspended sentence plus six
months probation and $150 fine.
Charles J. Berlin
85-50057
(E.D. Mich.)
Facts: Burial of five underground storage tanks containing a
poisonous corrosive (C-56) and other compounds, hundreds of barrels
containing paints, acids, and cyanide, plus paint sludges dumped into
covered earthen trench, all prior to enactment of RCRA at Superfund
site in Swartz Creek, Michigan. Berlin is president and owner/
operator of Farro Liquid Incineration, Inc.
11/06/85: One-count indictment filed charging failure to notify of
hazardous waste facility in violation of CERCLA, Sec. 103(c) [42 U.S.C.
§ 9603(c)].
11/08/85: Superseding indictment filed charging same count.
01/16/86: Defense motion for directed verdict of acquittal granted on
ground that Government failed to prove specific knowledge of
defendant.
Executive Advertising, Inc.
Thomas David LaViolette
Roderick Warren Reiser
85-80795
(E.D. Mich.)
Facts: Approximately 100 drums containing waste inks and lacquers
found in abandoned warehouse in Detroit. LaViolette was company
vice president and part owner.
11/20/85: Three-count indictment filed against company, LaViolette,
and Reiser charging one count transportation of hazardous waste to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)]; one count treatment, storage, and disposal of hazardous
waste without permit under RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928{d){2XA)]; and one count conspiracy to violate RCRA [18 U.S.C.
5371].
01/23/86: Company, LaViolette, and Reiser each entered guilty plea to
one count of knowingly transporting hazardous waste to unpermitted
facility in violation of RCRA, Sec. 3008(d)(l).
04/25/86: Company sentenced to pay a $50,000 fine. Each individual
sentenced to two years imprisonment (all but 60 days suspended), three
years probation, 400 hours community service, and $15,000 fine.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No./Court
Facts and Status
Norman F. Smith
85-00092
(M.D. Fla.)
Facts: Companion case to Greer. Fraudulent invoices dated July 1982
mailed to Florida State Department of Environmental Regulation
(DER). False reports prepared on laboratory chemical tests, which had
never been performed, on papers bearing name of Environmental
Testing Laboratory, Inc. of Chicopee, Massachusetts, which had never
authorized use of its name. Lab tests to have been performed in
connection with cleanup of one of Greer's illegal hazardous waste
dumpsites in Sanfqrd, DER had contracted with Greer and Greer had
subcontracted to Srrtith.
11/21/85: Indictmejnt filed charging three counts mail fraud [18 U.S.C.
§ 1341].
01/08/86: Defendant entered guilty plea to one count mail fraud.
07/21/86: Defendant sentenced to $1,000 fine, four years probation, and
restitution of $5,420.
Arthur J. Greer
85-00105
(M.D. Fla.)
Facts: Proprietor and operator of four now defunct hazardous waste
handling companies based in Orlando, endangered employees by
directing them to test chemicals such as cyanide, 1,1,1-trichloroethane,
toluene, methyl ethyl ketone, and xylene by sniffing samples or
lighting them in soft drink cans, rather than by performing required
chemical analysis. Also, dumping 1,000 gallons of waste, primarily
1,1,1-trichloroethane, and mislabeling drums of hazardous waste as
dirt.
12/17/85: 33-count indictment charging 23 counts mail fraud [18 U.S.C.
§ 1341]; one count disposal of hazardous waste without permit under
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; one count failure
to notify of release of hazardous substance under CERCLA, Sec. 103(b)
[42 U.S.C. 9 9603(b)]; one count making false claim [18 U.S.C. § 287];
one count mislabeling hazardous waste under RCRA, Sec. 3008(dX3) [42
U.S.C. 9 6928(d)(3J)]; and six counts knowing endangerment under
RCRA, Sec. 3008(e)i[42 U.S.C. § 6928(e)].
06/02/86: Judge granted directed verdict of acquittal on one count mail
fraud and five coujits knowing endangerment.
06/17/86: Jury returned guilty verdict on 13 counts mail fraud, one
count false claim, one count failure to notify, one count mislabeling,
and one count of illegal disposal.
08/05/86: Notice of appeal on directed verdict by government.
09/16/86: Defendant sentenced to five years imprisonment (all but three
months suspended), four years and nine months probation, 1,000 hours
community service and $23,000 fine.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defenda:it(s)/Docket No./Court
Facts and Status
Arthur J. Greer
(cont. frcm previous page)
09/23/86: Defendant filed notice of appeal.
08/01/88: Two counts charged in the indictment were remanded and
defendant Greer will be sentenced for one count of violating RCRA,
Sec. 3008{d)(2)(A) [42 U.S.C, § 6928(d)(2XA)], and one count of violating
CERCLA, Sec. 103(b)<3) [42 U.S.C. § 9603(b)(3)J.
11/23/88: Greer was sentenced to serve one year and one month
imprisonment.
Ocean Reef Club, Inc.
Russell A. Post
Claude H. Gehman
Mark Malka
85-909
(S.D. Fla.)
Facts: Discharge of raw sewage and sewage effluent from
December 15, 1982 to November 10, 1983 into the Atlantic Ocean by
means of diverting valves or bypass lines installed in club's permitted
sewage collection and treatment plant; also, falsification of Discharge
Monitoring Reports to EPA. Post is company president and chief
operating officer, Gehman is company vice president, and Malka is
employee in utilities department.
12/05/85: 346-count indictment filed charging company, two officers,
and employee as follows:
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Company, Gehman, and Malka - One misdemeanor count
conspiracy to violate Clean Water Act [18 U.S.C. § 371], one felony
count conspiracy to file false statements with and conceal material
facts from EPA [18 U.S.C. § 371], 12 felony counts making false
statements [18 US.C. § 1001], and 332 misdemeanor counts
discharging pollutants without NPDES permit and violation of
permit conditions in violation of Clean Water Act, Sees. 301 and
309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)].
Post - One count conspiracy to violate Clean Water Act and 332
counts discharging in violation of Clean Water Act, Sees. 301 and
309(c)(l).
07/31/86: Company pleaded guilty to 40 counts discharging pollutants in
violation of NPDES permit conditions. Gehman and Malka each
pleaded guilty to one count of same charge. Charges dismissed against
Post.
10/22/86: Company sentenced to a $600,000 fine and will not be allowed
to set aside any amount of that fine for environmental or other purpose.
Gehman was fined $5,000 and Malka was fined $2,000 and each was
placed on probation for one year.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No./Court
Facts and Status
Peter Hedegard
Eric Myers
JANCO United, Inc.
85-00342
(W.D. Wash.)
Everett 0. Harwell
Eugene Roy Baggett
85-28
(N.D. Ga.)
Facts: Manufacturer of industrial cleaning products in Seattle
discharged pollutants including soaps, detergents, caustic alkali.
acids, waxes, dy >s, and solvent materials [including alcohol, butyl
carbitol (also known as diethylene glycol monobutyl ether) xylene, and
mineral spirits] for 10 days from manufacturing operations into hidden
pipe connected to :storm sewer leading into Duwamish River. Hedegard
was company president and Myers was vice president.
12/09/85: Two-count information filed charging company with one
count discharge of pollutants without permit in violation of Clean Water
Act, Sees. 301 and|309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)].
Hedegard and Myers each charged with one count violation of
Clean Water Act, Sees. 301 and 309(c)(l) and one misdemeanor
count conspiracy to violate Clean Water Act [18 U.S.C. § 371].
12/11/85: All defendants pleaded guilty to all charges.
Ol/ 16/86: Comp:
allowance for dol
environmental or
List of Violating 1
from Federal Goi
Myers each sent
suspended), three
and 300 hours coi
my fined $100,000 (all but $30,000 suspended and
lar-for-dollar reduction for money spent on approved
conservation programs) plus facility listed 'on EPA
facilities pursuant to 40 CFR Part 15.20 and excluded
rernment contracts, grants, or loans. Hedegard and
enced to one year imprisonment (all but five days
years probation, $25,000 fine (ail but $5,000 suspended)
•nmunity service.
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Facts: Harwell is president and Baggett is vice president for operations
of Southeastern Waste Treatment, Inc., a waste treatment company
which disposed of electroplating wastes without permit, filed false
statements with Georgia Environmental Protection Division.
Defendants also transported hazardous wastes, failed to notify of their
release, misrepresented that wastes had been incinerated and poured
them into city sewage system.
12/10/85: 15-count indictment returned (sealed until defendants could
be arrested on 12/11/85). Harwell and Baggett charged with one count
conspiracy to violate RCRA [18 U.S.C. § 371]; four counts making false
statements [18 U.S.C. § 1001]; one count treatment and disposal of
hazardous waste^ without permit under RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(^)(A)]; one count transportation of hazardous wastes to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 U.S.C.
5 6928(dXl)); and one count storage of hazardous waste without permit
under RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2XA)3. Harwell
also charged with one additional transportation count and one
additional storage count. Baggett also charged with two additional
transportation counts, two additional disposal counts and one count
failure to notify of release of hazardous substance under CERCLA, Sec.
103(b) [42 U.S.C. $ 9603(b)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Everett O. Harwell
Eugene Roy Baggett
(cont. from previous page)
10/29/86: Defendants each pleaded guilty to one felony count of treating
and disposing of hazardous (electroplating) wastes without a permit, in
violation of Sec. 3008(d)(2) of RCRA. Harwell also pleaded guilty to one
18 U.S.C. § 1001 false statement felony count. Baggett also pleaded
guilty to a RCRA unpermitted transportation of hazardous waste felony
count in violation of 42 U.S.C. § 6928(d)(l).
10/15/87: Harwell sentenced to three years imprisonment and $20,000
fine. Baggett sentenced to 18 months imprisonment and $10,000 fine.
Eagle Picher Industries, Inc.
85-343
Richard Brown
86-005
(D. Colo.)
Facts: Nickel-cadmium battery manufacturer's environmental
engineer (Brown) ordered burial of five drums of toxic wastes without
permit. During removal of drums, contaminated sand spilled onto soil
and remained unreported.
12/11/85: Company pleaded guilty to one-count information filed same
date charging failure to notify of release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603{b)].
01/09/86: Two-count indictment filed charging Brown with one count
disposal of hazardous waste without permit under RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)], and one count of making a
false statement to EPA [18 U.S.C. § 1001].
OV29/86: Company sentenced to $3,500 fine.
03/31/86: Court dismissed false statement count against Brown and
placed him in pretrial diversion program.
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
85-1134
(S.D.N.Y.)
Facts: Charles Colbert was company president and Jack Colbert was
company vice president of companies engaged in the chemical trading
business in Mount Vernon. The companies shipped recycled
chlorinated solvent mixture containing only 1% of ordered chemicals to
chemical import business in Zimbabwe in sophisticated, international
"bait and switch" scheme. Case investigated by FBI and Agency for
International Development.
12/12/85: 32-count indictment filed charging Jack Colbert, Charles
Colbert, and both Companies with one count conspiracy, 15 counts wire
fraud [18 U.S.C. § 1343]; six counts mail fraud [18 U.S.C. § 1341]; six
counts false statements [18 U.S.C. § 1001]; one count false claims [18
U.S.C. } 287]; and two counts transportation of false securities [18
U.S.C. § 2314]. Charles Colbert and Jack Colbert also charged with one
count obstruction of justice [18 U.S.C. § 15031.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATION'S
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No./Court
Facts and Status
Charles Colbert, et al.
(cont. from previous page)
05/08/86: 30-couni superseding indictment filed charging Charles and
Jack Colbert with one count conspiracy, 15 counts wire fraud, six counts
mail fraud, six counts false statements, one count making false claims
and one count obstruction of justice. Both Companies charged with
same counts except for obstruction of justice.
06/02/86: Trial began.
06/09/86: After six; days of trial, jury verdicts of guilty returned against
Charles and Jack Colbert (27 felony counts each) and against Signo
Trading and SCI (26 felony counts each).
07/28/86: Both Colberts sentenced to total 13 years imprisonment each (to
run consecutively with other State or Federal sentences), $1,350 in costs
under Comprehensive Crime Control Act and $66,000 restitution. Jack
Colbert also fined additional $50,000 on conspiracy count. Each
company fined $250,000 and $1,300 in costs.
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ABC Compounding Company, Inc.
William S. Armistead
Vincent Armistead
85-484
(N.D. Ga.)
Facts: Company engaged in business of selling, blending, mixing,
and packaging chemicals for use as domestic and industrial cleaners,
solvents, aerosols and pesticides. William Armistead wfes vice
president and part owner and Vincent Armistead, his son, was plant
supervisor.
12/18/85: Company
count information
waived indictment and entered guilty plea to three-
filed same date charging one count conspiracy to
violate RCRA [18 U.S.C. § 371]; one count disposal of hazardous waste
without permit under RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(dX2)(A)]; and one count failure to notify of release of hazardous
substance under CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)3. William
Armistead and Vincent Armistead each charged with one count
conspiracy and one count disposal of hazardous waste without RCRA
permit and each pleaded guilty to RCRA count.
01/30/86: Company sentenced to fine totalling $40,000. William
Armistead and Vincent Armistead each received suspended term of
imprisonment and one year probation, $20,000 fine and ordered to
complete cleanup of Jim's Old Plant in northwest Atlanta.
Rocky Mountain Materials and
Excavating, Inc.
85-350
(D. Colo.)
Facts: Soil contaminated with pentachlorophenol discharged onto
banks and into flood plain of Fountain Creek.
12/23/85: Company entered guilty plea to information filed on same
date charging one count discharge of pollutants without an NPDES
permit in violatiori of Clean Water Act, Sees. 301 and 309(c)(l) [33
U.S.C. 99 1311 and 1319(c)(l)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s;/Docket No./Court
Facts and Status
Rocky Mountain Materials and
Excavating, Inc.
(cont. from previous page)
02/13/86: Company sentenced to $10,000 fine plus $100 assessment to
Crime Victim's Fund.
05/05/86: Company listed on EPA's List of Violating Facilities as a
result of violating the Clean Water Act. Pursuant to 40 CFR Part 15,
facility may not be used in any new, renewed, or extended Federal
contract, subcontract, grant, loan, subgrant, or subloan.
Neville Chemical Company
86-88
(C.D. Cal.)
Facts: Chemical company generated hazardous wastes during
manufacture of chlorinated paraffins. Indictment charges company
with burial of spent ortho-dichlorobenzene (ODCB) and ODCB still-
bottoms in pit on plant grounds in 1981.
01/29/86: One-count indictment returned against company charging
knowing disposal of hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. §6928(d)(2)(A)].
09/30/86: One week trial began.
10/07/86: Defendant found guilty as charged.
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11/24786: Defendant sentenced to pay $50,000 fine ($10,000 suspended if
paid by January 15, 1987) and placed on probation for three years.
Robert K. Blackstone
86-00012
Wendall Wayne Johnson
86-00013
(W.D. Wash.)
Facts: Operator of auto repair facility in Federal Way (Blackstone)
and independent scrap metal dealer (Johnson) disposed of eight barrels
containing paint waste and lacquer thinner on vacant lot in Puyallup.
02/12/86: Five-count indictment filed charging Blackstone with one
count conspiracy to violate RCRA [18 U.S.C. § 371]; two counts knowing
transportation of hazardous waste without manifest in violation of
RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)j; and two counts knowing
illegal disposal of hazardous wastes under RCRA, Sec. 3008(d)(2)(A),
[42 U.S.C. | 6928(d)(2)(A)]. Separate indictment filed same date
charging Johnson with same counts.
04/04786: Johnson pleaded guilty to one count disposal without permit
under RCRA, Sec. 3008(d)(2)(A).
04/25/86: Blackstone pleaded guilty to one count disposal without permit
under RCRA, Sec. 3008(d)(2)(A).
05/16/85: Johnson sentenced to three years imprisonment (all but six
months suspended), $500 fine, three years probation, including
condition that he participate in alcohol treatment program, and $50
mandatory penalty assessment to Crime Victim's Fund.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket NoVCourt
Facts and Status
Robert K. Blackstone
Wendall Wayne Johnson
(cont. from previous page)
06/05/86: Blackstone sentenced to imprisonment for term of one year
and one day, $5,QOO fine, and $7,100 restitution to Washington State
Department of Ecology plus $50 mandatory penalty assessment to Crime
Victim's Fund.
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
86-057
(E.D. Cal.)
Facts: Rinsates JJrom holding tanks and chemical applicators dumped
into unlined pits by agricultural chemical distributor (B&R), its
successor company (Frontier) and manager of both operations
(Kidwell).
11/14/85: Indictment lodged with clerk of the court.
03/19/86: Upon waiver of indictment, defendants pleaded guilty to five-
count information filed on same date charging B&R with two counts
storage and disposal of hazardous waste at unpermitted facility in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928unt conspiracy [18 U.S.C. §371] and four counts
submitting false statements to Federal agency [18 U.S.C. § 1001].
08/28/86: Two-count superseding information filed against McLeod
charging one count conspiracy and one count submitting false
statements under Clean Air Act, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)].
08/29/86: McLeod pleaded guilty to both counts in superseding •
information. ' •
10/28/86: McLeod sentenced to a $6,000 fine and one year probation.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
George Timothy Mercier
Timothy Scott McLeod
(cont. from previous page)
07/21/87: Five-count superceding information filed charging Mercier
with one count conspiracy [18 U.S.C. § 371J and four counts making
false statements under Clean Air Act, Sec. 113(c)(2) [42 U.S.C.
§ 7413(c)(2)]. Mercier pleaded guilty to each count in superceding
information. Mercier was fined $15,000 and sentenced to 35 days
imprisonment on each of five counts with terms to run concurrently on
each count.
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
86-31
(W.D. Wash.)
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
CR-88-56TB
(W.D. Wash.)
Facts: Liquid waste from bark processing discharged into Hylebas
Waterway. Jenkins is owner of company.
04/15/86: Information filed charging company and Jenkins each with
three counts discharging pollutants into navigable water without
NPDES permit in violation of Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
06/11/86: Company and Jenkins each entered guilty pleas to one Clean
Water Act count.
08/29/86: Company sentenced to $2,500 fine ($1,500 suspended) which
includes $100 mandatory penalty assessment to Crime Victim's Fund
and one year probation. Jenkins sentenced to $2,500 fine ($2,250
suspended) which included $25 mandatory penalty assessment to Crime
Victim's Fund, plus one year probation.
Facts: A Tacoma bark-processing company and its president, Sam
Jenkins, Jr., both previously convicted of CWA violations, were
indicted a second time with similar charges.
05/26/88: The Company and Jenkins were charged in an 11-count
indictment charging each with:
Seven counts of negligent discharge of pollutants into navigable
water of the U.S. without having obtained a permit, in violation of
CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 131 l(a) and
Four counts of knowing discharge of pollutants into a navigable
water of the U.S. in violation of CWA, Sees. 301{a) and 309(cX2)(A)
[33 U.S.C. §§ 1311(a) and 1319(c)(2)(A)].
12/16/88: The company and Jenkins each pleaded guilty to one count of
negligent discharge of pollutants into waters of the U.S., in violation of
33 U.S.C.§§ 1311(a) and 1319(c)(l). The company and Sam Jenkins, Jr.
were each sentenced to pay $1,000 fines.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendants/Docket No./Court
Facts and Status
Keebler Corporation
86-104
(D. Colo.)
Facts: Methylene chloride and tetrachloroethylene released without
notice.
04/15/86: Comparjy entered guilty plea to information filed same date
charging one count failure to notify of release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
05/30/86: Company sentenced to $5,000 fine ($4,000 suspended) and six
months probation during which time cleanup is required, plus $100 to
Crime Victim's Fund. State of Colorado collected $22,500 civil penalty
and issued administrative order for cleanup.
4
Darrel A. Duisen
George W. Shearer
Glen D. Faulks
Rogelio A. Marin-Sagristo
U.S. Technology and Disposal
Service, Inc.
Tratamientos Petroquimilos
Mexicanos, S.A. de C.V.
Guillermo Marin-Orosco
86-0401
(S.D. Cal.)
Facts: Hazardous waste disposal corporation in Beiate, California
(U.S. Technology) designated as exclusive representative of Mexican
corporation established to operate Ranch o Ramo recovery and recycling
facility (Tratamientos). Charges resulted from export of hazardous
waste for disposal1 in Mexico. Duisen was owner and corporate officer
of Tratamientos and chief executive officer of U.S. Technology.
Shearer was president, chairman of the board, and principal owner of
U.S. Technology, land Faulks was company vice president. Marin-
Sagristo was manager of Tratamientos. '
04/18/86: Each defendant charged by indictment (unsealed 04/22/86)
with one count conspiracy [18 U.S.C. § 371]; seven counts mail fraud [18
U.S.C. § 1341]; and 33 counts utilizing false documents [18 U.S.C.
§ 1001] resulting from export of hazardous waste for disposal in Mexico.
08/14/86: Guillermo Marin-Orosco was added to the indictment for the
same charges.
10/28/86: Marin-Sagristo pleaded guilty to one count of conspiracy.
11/01/86: Trial begins.
11/19/86: Shearer and Duisen pleaded guilty to two counts making false
statements and Faulks pleaded guilty to one count of making false
statements.
03/87: Shearer was sentenced to pay a $24,000 fine, serve 120 days of a
four-year term of imprisonment and provide 400 hours of community
service and placed on probation for five years. Duisen was sentenced to
pay a $24,000 fine, serve 120 days of a three-year term of imprisonment,
and provide 400 hoturs of community service and placed on probation for
five years. Faulks was sentenced to pay a $12,000 fine and placed on
probation for five years. Marin-Sagristo was sentenced to pay a $5,000
fine and placed on probation for five years.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
DefendantfsVDocket No./'Court
Facts and Status
Arneson Timber Company, Inc.
86-00097
(E.D, Mo.)
Facts: Contents of tank containing pentachlorophenol dumped into
catch basin at steel mill facility in Steelville.
04/21/86: Information filed charging company with one count failure to
notify of release of hazardous substance in violation of CERCLA, Sec.
1030>) [42 U.S.C. § 9603
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket NoVCourt
Facts and Status
Will & Baumer, Inc., et al.
(cont. from previous page)
Company - Two counts under Clean Water Act, Sees. 301(a) and
309{c)(l), one count under CERCLA, Sec. 103(b); one count storage of
hazardous waste without permit under RCRA, Sec. 3008(d)(2) [42
U.S.C. § 6928(|d)(2)]; one count disposal of hazardous waste without
permit in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928{d)(2)J
and one count conspiracy [18 U.S.C. § 371].
Defendants eaich pleaded guilty to all charges,
06/10/86: Defendants sentenced as follows:
Nybo - One year imprisonment (execution of sentence suspended),
two years probation, $24,000 total fine, and 400 hours community
service.
Kiesinger - Three months imprisonment (execution of sentence
suspended), two years probation, $12,000 total fine, and 200 hours
community service.
Simmons - Three months imprisonment (execution of sentence
suspended), two years probation, $5,000 fine plus $25' special
assessment and 100 hours community service.
Company - $360,000 total fine ($300,000 stayed) plus $225 special
assessment, tjhree years probation with condition that company
commit no violation of environmental laws.
Nabisco Brands, Inc.
86-00041
Willard L. Kaser
86-00040
William Parks
86-00042
(W.D. Wash.)
Facts: Discharge, of untreated industrial waste from Company's yeast
operations in Sumner into Stuck River (White River). Kaser is plant
manager and Parks is plant production supervisor.
05/08/86: Two-lcount information filed charging company with
willfully and negligently discharging pollutants without permit in
violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33 U.S.C.
§§ 1311(a) and |319(c)(l)]. One-count information filed charging
Parks with conspiracy to discharge pollutants without permit [18 U.S.C.
§ 371]. Indictment returned charging Kaser with one count conspiracy,
seven counts mail fraud [18 U.S.C. § 1341]; one count submitting false
statements [18 U.S.C. § 1001]; and 68 counts discharging pollutants
without permit under Clean Water Act, Sees. 301 and 309(c)(l).
05/14/86:
charged.
Company and Parks entered guilty pleas to all counts
06/25/86: Kaser entered guilty pleas to one count conspiracy and one
count mail fraud.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Nabisco Brands, Inc.
(cont. from previous page)
06/27/86: Company sentenced to $450,000 fine (execution of $150,000
suspended), and directed to establish Environmental Trust Fund in
amount of $150,000 for enhancement of fish and game fish resources
and hatcheries in Stuck, White, and Puyailup Rivers plus $200 penalty
assessment for Crime Victim's Fund, and three years probation.
07/18/86: Parks sentenced to $2,500 fine and three years probation plus
250 hours community service.
09/12/86: Kaser sentenced to $5,000 fine and one-year and one-day term
of imprisonment of which he must serve at least nine months and 18
days plus $75 assessment to Crime Victim's Fund.
12/86: Fleischman's Yeast, Inc. added to the "Consolidated List of
Debarred, Suspended and Ineligible Contractors" for an indefinite
period.
Bruce Norman Barker
Washington Boat Center, Inc.
86-00127
(W.D. Wash.)
Bruce Norman Barker
Washington Boat Center, Inc.
CR88-90PKS
(W.D. Wash.)
Facts: Dredged spoils discharged into Lake Washington Ship Canal,
and Army Corps of Engineers investigator falsely informed that large
dredging pump was used not to dredge but for removal of silt cloud.
Barker is chief operation officer. '
05/08/86: 57-count indictment filed charging Barker and company each
with one count false statements [18 U.S.C. § 1001] and 56 counts
willfully and negligently discharging pollutants without permit in
violation of Clean Water Act, Sees. 301(a), 309(c)(l) and 404 [33 U.S.C.
§5 1311(a), 1319(cXl)and 1344].
08/01/86: Defendant's motion to dismiss false statement count granted
based on "Exculpatory No" doctrine.
08/04/86: Trial begins.
08/07/86: After four days of trial, court ordered judgment of acquittal of
all remaining counts for each defendant.
03/29/88: 33-count information charging Barker and company each
with being accessories [18 U.S.C. §§ 2 and 3628] to 33 counts involving
excavation and dredging of sediments and debris from under and
around a pier at the Washington Boat Center Marina, without having
obtained a permit from the U.S. Army Corps of Engineers, in violation
of Rivers and Harbors Appropriation Act of 1899 (Refuse Act), Sees. 10
and 12 [33 U.S.C. §§ 403 and 406].
07/21/88: A Motion to Dismiss all charges was granted.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No./Court
Facts and Status
Marine Power and Equipment, Inc.
Richard C. Woeck
Peter F. Woeck II
Lloyd Anderson
Frank Brady
86-128
(W.D. Wash.)
Facts: Marine Power and Equipment, Inc. was engaged in ship
building operations. Discharge of sand blast waste laden with toxic
heavy metals including lead, arsenic, and copper into Lake Union and
Duwamish River. R. Woeck is president, P. Woeck is vice president
and superintendent of new construction, Anderson is vice president,
and Brady is ship repair superintendent.
05/08/86: 115-count indictment returned charging:
R. Woeck - One count conspiracy [18 U.S.C. § 371], 113 counts
discharging po
lutants without permit in violation of Clean Water
Act, Sees. 30100 and 309(c)U) [33 U.S.C. §§ 1311(a) and 1319(c)U)]
and one coun , obstructing navigable waterway in violation of
Section 10 of Rivers and Harbors Appropriations Act of 1899, Sees. 10
and 12 [33 U.S.C. §§ 403 and 406].
P. Woeck and Anderson - One count conspiracy and 113 counts
discharging pollutants without permit.
Brady - One count conspiracy and 81 counts discharging pollutants
without permit. '
Company - 113 counts discharging pollutants without permit and
one count obstructing navigable waterway.
12/01/86: Corporation, Peter and Richard Woeck, and Anderson each
pleaded guilty to two-count information filed that date charging
negligent discharge of pollutants in violation of Clean Water Act, Sees.
301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)]. Charges
against Brady dismissed.
04/10/87: Marine Power was sentenced to pay a $200,000 fine and placed
on probation for three years. Richard Woeck was sentenced to pay a
$4,000 fine, serve! five days of a one-year term of imprisonment and
provide 300 hours pf community service. Peter Woeck was sentenced to
pay a $3,000 fine, serve five days of a one-year term of imprisonment
and provide 300 hours of community service and placed on probation for
three years. Anderson was sentenced to pay a $1,000 fine and placed on
probation for three years.
Sea Gleaner Marine, Inc.
Paul D. Schwitters
86-00129
(W.D. Wash.)
Facts: Spent abrasive blasting grit and paint particles discharged into
Lake Union. Schwitters is chief operating officer.
05/08/86: Information filed charging Schwitters and company each
with four counts discharging pollutants without permit in violation of
Clean Water Act, pecs. 301(a) and 309(c)(l) [33 U.S.C. §§ 131 l(a) and
1319
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
08/14/86: Jury returned guilty verdicts on three counts against
defendant.
Sea Gleaner Marine, Inc.
(cont. from previous page)
each
10/06/86: Corporation sentenced to a $60,000 fine (all but $30,000
suspended) and five years probation plus $300 penalty assessment to
Crime Victim's Fund. Schwitters sentenced to $15,000 fine (all but
$5,000 suspended) and placed on probation for one year plus $75 penalty
assessment to Crime Victim's Fund.
Robert E. Derecktor of
Rhode Island, Inc.
151 East Post Road Corporation, Inc.
Robert E. Derecktor
86-022
(D.R.I.)
Facts: Robert E. Derecktor is president of Derecktor, Inc., operator of
shipyard for building and repairing vessels located on Coddington
Grove in Middletown. Post Road Corporation owns farm in Portsmouth
occupied by Robert E. Derecktor. Transformers from shipyard leaking
PCBs found buried at farm.
05/20/86:
follows:
46-count indictment returned charging each defendant as
Derecktor, Inc. - Six counts for PCB violations under TSCA, Sees.
15(1X0 and 16(b) [15 U.S.C. §§ 2614(1X0 and 2615(b)]; two counts
failing to report release of PCB and asbestos in violation of
CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)]; 29 counts discharging
pollutants from drydock without permit in violation of Clean Water
Act, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(cXDl;
two counts storage and disposal of hazardous wastes without permit
in violation of RCRA, Sec. 3008WX2) [42 U.S.C. § 6928(d)(2)J; four
counts violating NESHAPS work practice standards for asbestos
removal in violation of Clean Air Act, Sees. 112(c)(D(B), 112(e)(5),
and ll3(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B), 74l2(e)(5), and
7413(c)(l)(C)]; and one count violation of Hazardous Materials
Transportation Act (HMTA) [49 U.S.C. § 1809(b)].
Derecktor - Seven counts PCB violations under TSCA, one count
under HMTA, one count failing to report release of hazardous
substance (PCBs) under CERCLA, one count conspiracy [18 U.S.C.
5 371], and 29 counts discharging pollutants without permit.
East Post Road Corporation - Two counts PCB violations and one
count failure to report release of hazardous substance (PCBs).
12/29/86: Derecktor, Inc. was sentenced to $600,000 fine on its plea of
guilty to 24 counts of violating the Clean Water Act and one count each
of violating the Clean Air Act and CERCLA. Suspension of $200,000
depends upon restitution of that amount to the Hazardous Waste
Emergency Response Fund. Robert Derecktor was sentenced to $75,000
fine on his plea of guilty to violating three counts of TSCA and to five
years of probation for an additional count of violating TSCA.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No./Court
Facts and Status
Custom Engineering, Inc.
Billy Closson
Roger Scoggins
John Sidwell
86-00513
(C.D. Cal.)
Paul Chavez
088-362
(C.D. Cal.)
Facts: Submissioi of testing results and supporting documentation to
EPA by automobile emissions testing ("gray market") laboratory in
Garden Grove stating that certain nonconforming vehicles were tested
under required Federal testing procedures and met applicable emission
standards. Closson is president, Scoggins is manager, and Sidwell
works as technical director.
06/10/86: 36-count indictment returned charging each defendant as
follows:
Company and Closson - 18 counts mail fraud [18 U.S.C. § 1341] and
15 counts making false statements [18 U.S.C. § 1001] for alleged
submission of false testing results.
Scoggins - 18 counts mail fraud and 11 counts false statements.
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Sidwell - Four counts mail fraud and four counts false statements,
plus three counts perjury [18 U.S.C. § 1623] for making false
declarations U the grand jury.
12/10/86: Custom Engineering and Closson each pleaded guilty to five
counts of making false statements to the Federal government and four
counts of mail fraud. Scoggins pleaded guilty to two counts of mail
fraud. Sidwell plejaded guilty to two false statement counts.
03/31/87: Scoggins and Sidwell each placed on five years probation.
05/04/87: Custom Engineering was placed on five years probation, and
Closson was sentenced to six months imprisonment and five years _
probation. •
04/25/88: Two-count information charged defendant, Paul Chavez, with
two counts of making false statements (in conjunction with the above •
case) in violation pf CAA, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)]. |
05/09/88: Chavez pleaded guilty to both counts charged in the
information. •
06/03/88: Chavez was sentenced two years probation and 200 hours
community service.
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Jay Hamburg
86-174
(D. Colo.)
Facts: Transportation of used paint solvents and paint waste including
acetone, methyl ethyl ketone, toluene, xylene, and N-butyl acetate to
Denver facility, . Hamburg is president of Metro Shop Supplies and
Moser is vice president.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Jay Hamburg
(cont. from previous page.)
Neil Moser
86-199
(D. Colo.)
06/17/86: Five-count indictment returned charging both defendants
with one count treating hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(dX2)(A)]; two counts storing
hazardous wastes without permit in violation of RCRA, Sec.
3008(d)(2)(A); one count disposing hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) and one count making false
statements to EPA [18 U.S.C. § 10011.
07/22/86: Information filed charging Moser with one count failure to
report release of hazardous substances under CERCLA, Sec 103(b) [42
U.S.C. § 9603(b)].
07/31/86: Moser pleaded guilty to information.
09/10/86: Moser sentenced to a $500 fine, two years of probation, a $25
assessment for the Crime Victim's Fund, and ordered to perform 200
hours of community service.
10/30/86: Hamburg pleaded guilty to the two-count information
charging him with violation of CERCLA reporting requirements [42
U.S.C. § 9603(b)(3)] which had been filed the previous day. '
12/12/86: Hamburg sentenced to $2,000 fine, two years of probation, and
120 hours of community service. He must also attend a course on
hazardous waste.
Hope Resource Recovery, Inc.
86-00458
(E.D.N.Y.)
Air contamination source operated by refuse incineration company in
Long Island City, Queens without certification required under State
Implementation Plan (SIP) regulations.
07/02/86: Information filed charging company with seven counts
violating Clean Air Act, Sec. 113(c)(l)(a)(ii) [42 U.S.C. § 7413
09/10/86: Corporation sentenced to a $10,000 fine.
Arnold N. Graham
86-00137
(W.D. Mo.)
Facts: Employee of TWA in charge of wastewater treatment plant at
overhaul base in Kansas City received illegal kickback payments from
chemical supplier for plant and falsified Discharge Monitoring Reports
(DMRs) submitted to Missouri Department of Natural Resources.
07/30/86: Graham pleaded guilty to two-count information filed same
date charging one count conspiracy [18 U.S.C. § 371] and one count false
statements to EPA in violation of Clean Water Act, Sec. 309(c)(2) [33
U.S.C. § 1319(c)(2)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
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Defendant(s)/Docket No ./Court
Facts and Status
Arnold N. Graham
(cont. from previous page)
09/18/86: Defendant sentenced to three years and six months
imprisonment (all but six months suspended), $10,000 fine on
conspiracy charge with additional six months of imprisonment, $10,000
fine on false reports charge, sentences to run consecutively, plus five
years probation, 200 hours community service and $21,075 restitution to
TWA.
Cambridge Mill Products, Inc.
Charles LeBeau, Jr.
85-5089L
(N.D. Ohio)
Facts: Inadvertent excavation of barrels at Keffler and Rose mine site
revealed truckloads of drummed wastes containing PCBs were dumped
there. LeBeau is president of Cambridge Mill Products, a corporation
manufacturing high vacuum pump fluid and reclaiming investment
casting wax.
09/03/86: Information filed charging each defendant with two counts
disposal of PCBs in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C.
§§ 2614 and 2615(b|)]. Defendants each pleaded guilty to one count.
11/19/86: Company and LeBeau each sentenced to joint and several
liability for $25,OOJ) fine, cleanup costs of $23,000 and LeBeau sentenced
to 90 days probation.
Ralph Burgholzer
Lavell Mclntyre
86-00261
(D. Ariz.)
Facts: Raw sewage discharged into Colorado River through POTW
owned by Colorado River Sewage System Joint Venture (JV). Mclntyre
is JV chairman of the board and Burgholzer is plant operator.
09/17/86: Four-count indictment charged each defendant with
discharging pollutants into navigable waters without a permit in
violation of the Clean Water Act, Sees. 301(a) and 309(c)(l) [33 U.S.C.
§§ 1311
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
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Irwin Pearlman
Salvatore C. Williams
86-246
(W.D, Pa.)
Facts: Williams, owner of former school building in residential area
of Pittsburgh, and Pearlman, the contractor who removed boiler and
heating system, failed to comply with NESHAP work practice
standards for asbestos. Violations include failure to give notice of
intention to demolish or renovate and failure to wet down material and
comply with other removal procedures for asbestos. Violations occurred
after EPA Region III issued administrative order directing defendants
to cease asbestos removal work at site and respond to requests for
information regarding these activities.
10/31/86: Indictment filed charging each defendant with two counts
failure to comply with NESHAP standards in violation of Clean Air
Act, Sees. H2(c) and 113(c)(l)(C) [42 U.S.C. §§ 7412(c) and 7413
(c)(l)(C)]; and one count failure to comply with EPA administrative
order in violation of Clean Air Act, Sec. 113(c)(l)(B) [42 U.S.C.
§ 7413(c)(l)(B)].
12/30/86: Defendants pleaded guilty to two counts of violating NESHAP
standards and each sentenced to $1,000 fine.
USM Corporation
86-365F
(D. Mass.)
Facts: J. C. Rhodes Division of USM Corporation failed to> submit
reports on wastes discharged to local POTW from electroplating
operations of its New Bedford plant for the production of shoe
components.
11/10/86: 41-count indictment filed charging corporation with 32 counts
failure to comply with pretreatment standards in violation of Clean
Water Act, Sees. 307 and 309(cXD [33 U.S.C. §§ 1317 and 1319(cXD); five
counts willful and negligent discharge of wastewater into POTW in
violation of pretreatment standards for acidity, in violation of Clean
Water Act, Sees. 307 and 309(c)(l); and four counts of willful and
negligent failure to submit required compliance reports in violation of
Clean Water Act, Sees. 307, 308 and 309(c)(l) [33 U.S.C. §§ 1317, 1318 and
12/30/86: Corporation pleaded guilty to all 41 counts and sentenced to
fine of $1,025,000 with $225,000 suspended if company completes
construction of wastewater treatment system by 10/03/87.
Daniel Lee Turner
86-332-1
(E.D. Wash.)
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Facts: In May 1986, waste "restricted-use" pesticides, including
parathion, lindane, strychnine, endrin, dieldrin, and 2,4,5-T, were
dumped along and into the Okanogan River near Malott, Washington.
Turner is a certified pesticide applicator.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Defendant(s)/Docket No./Court
Facts and Status
Daniel Lee Turner
(cont. from previous page)
11/17/86: Eight-count indictment filed charging defendant with six
counts disposal of hazardous waste without a permit in violation of
RCRA, Sec. 30o|s(d)(2XA) (42 U.S.C. § 6928(d)(2)(A)]; one count
knowing endangerment by disposing of hazardous wastes with the
knowledge that it placed another person in imminent danger of death or
serious bodily injury in violation of RCRA, Sec. 3008(e) [42 U.S.C,
§ 6928(e)]; and one count failure to notify of the release of a hazardous
substance into the environment in violation of CERCLA, Sec. 103(b) [42
U.S.C. § 9603(b)].
03/27/87: The jufa returned a verdict of acquittal to all eight counts
charged against Turner.
Jack E. White
Brownie C. McBride
Jerry L. Findley
Henry R. White
86-20015
(W.D. Ark.)
Facts: The Food and Drug Administration discovered contamination
of dairy products with heptachlor, a carcinogenic pesticide. J.E.W.,
Inc. and White Flame Fuels, Inc. manufactured fuel grade alcohol and
produced animal feed by blending spent distillers mash with other
grain and grain by-products. Valley Feeds, Inc. sold that anima! feed
to livestock growers in Arkansas, Oklahoma, and Missouri. Jack E.
White is principal officer, stockholder, and manager of White Flame
Fuels, Inc., J.E.W., Inc., and Valley Feeds, Inc.; Brownie C. McBride
is plant superintendent employed by White Flame Fuels, Inc., J.E.W.,
Inc. and Valley Feeds, Inc.; Jerry L. Findley is former president of
Valley Feeds, Incj and operations manager of J.E.W., Inc.; and Henry
R. White is a corporate officer of Valley Feeds, Inc.
11/21/86: 52-count indictment resulted from use of seed treated with
aldrin, captan, dieldrin, heptachlor, or methoxychlor and grain
contaminated with aflatoxin to manufacture alcohol and then mixing
the adulterated or contaminated mash with animal feed that was sold to
dairy farmers.
Specific charges are as follows:
J. White and McBride - One count conspiracy [18 U.S.C. § 371];
eight counts mail fraud [18 U.S.C. § 1341]; 13 counts wire fraud [18
U.S.C. § 1343J3; one count racketeering [18 U.S.C. § 1962(c)J, five
counts interstate transportation of money taken by fraud [18 U.S.C.
§ 2314]; six counts adulterating food [21 U.S.C. §§ 331(d) and 333(b)];
11 counts interstate sales of adulterated food [21 U.S.C. §§ 33 Ha) and
333(b)]; and four counts discharging pollutants in violation of Clean
Water Act, Sees. 301 and 309 [33 U.S.C. §§ 1311(a) and 1319Cc)
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Jack E. White, et al.
(cont. from previous page)
H. White - Seven counts mail fraud, 10 counts wire fraud, one count
racketeering, four counts interstate transportation of money taken
by fraud, six counts adulterating food, and 11 counts interstate sales
of adulterated food.
05/1V87: Trial began.
05/21/87: Findley entered a plea of guilty to one count of conspiracy and
one count discharging pollutants in violation of the Clean Water Act.
05/22/87: The jury returned a verdict of guilty as follows:
J. White, McBride and H. White - Two counts wire fraud, two
counts interstate transportation of money taken by fraud and 13
counts of lesser included offenses of the Food, Drug and Cosmetic
Act. J. White and McBride three counts discharging pollutants in
violation of the Clean Water Act; J. White one count false
statements.
07/22/87: Jack White was fined $7,500 and sentenced to three years
imprisonment. Brownie McBride was fined $7,500 and sentenced to one
year and one day imprisonment. Jerry Findley was fined $5,000 and
three months probation. Henry White was sentenced to one year, and
one day imprisonment.
Euro-Auto Ltd., Inc.
James S. Strecker, Jr.
Barbara A. Strecker
86-95TB
(W.D. Wash.)
Facts: Strecker, an automobile dealer in Auburn, his wife, Barbara and
Euro-Auto Ltd., Inc., the corporate dealership, are involved in auto
importation.
12/17/86: 74-count indictment returned charging defendants with
violations arising from fraudulent scheme to avoid required auto
emission standards for "gray market" vehicles imported under EPA
"5-year exemption." J. Strecker and company also charged with
violations relating to falsification of DOT-required odometer mileage
statements. Specific charges are as follows:
J. Strecker and company - Two counts conspiracy (one for odometer
fraud) [18 U.S.C. § 371]; 40 counts making false statements to three
Federal agencies [18 U.S.C. § 1001]; 18 counts smuggling [18 U.S.C.
§ 545]; and 14 felony counts for the roll-back of odometer mileage
settings [18 U.S.C. § 1990(c)].
B. Strecker - One count conspiracy, 32 counts making false
statements to Federal agencies, and 18 counts smuggling.
03/12/87: Superseding indictment filed charging all counts described
above and an additional 18 counts of smuggling against each
defendant.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Defendant(s)/Docket No. /Court
Facts and Status
Euro-Auto Ltd., Inc., et al.
{cont. from previous page)
05/18/87: Trial begins for James Strecker and Euro-Auto. Barbara
Strecker to be tried separately following her motion for severance.
06/05/87: Jury returned a guilty verdict against Strecker on 14 counts of
odometer fraud an|d 19 counts of false statements and against Euro-Auto
on 10 counts of odometer fraud and 19 counts of false statements.
07/31/87: The company was fined $10,000 and ordered to pay $4,300 to the
Crime Victim's Fulnd. James Strecker, Jr. was fined $15,000, five years
imprisonment with execution of all but three months suspended, five
years probation and ordered to pay $1,075 to the Crime Victim's Fund.
09/02/87: Barbara Strecker pleaded guilty to a two-count superseding
information charging her with submitting false documents to the
Customs Service in violation of 27 U.S.C. § 7207. She was sentenced on
the same day to oihe year probation and ordered to pay $50 to the Crime
Victim's Fund.
Euro-Auto and James Strecker agreed to pay the U.S. Government
$15,000 storage charges on the 18 vehicles seized August 22, 1985 plus
$125,000 and surrender ownership rights to nine of the 18 vehicles
seized; the remaining nine vehicles will be returned to Euro-Auto and
its creditor, and the Government agreed to dismiss the remaining
counts on Euro-Auto Ltd. and James Strecker, Jr.
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W. R. Grace & Co.
87-27
(D. Mass.)
Facts: W. R. Grace & Co. submitted a letter to EPA Region I in
response to a Request for Information issued under RCRA, Sec. 3007 [42
U.S.C. § 6927]. W. R. Grace & Co. is a multi-national corporation
incorporated in Connecticut and headquartered in New York. The
Woburn plant was engaged primarily in metal fabrication of
packaging equipment for the food industry.
01/28/87: A Federal grand jury in Boston indicted W. R. Grace & Co.
on two felony coujits of making false statements to EPA in violation of
18 U.S.C. § 1001. The company was charged with making the allegedly
false statements in 1982 in a letter concerning the amounts of certain
chemicals (trichldroethylene and acetone) used at or purchased for
W. R. Grace's Cryovac Division plant in Woburn, and the types of
chlorinated solvents (such as trichloroethylene, toluene, acetone, and
1,1,1-trichloroethane) used at the plant. The company was also charged
with concealing, in the same letter, the fact that waste solvents had, on
numerous occasions, been poured on the ground behind the plant
building. EPA undertook to determine the source of pollutants in
groundwater adjacent to two contaminated and closed municipal
drinking wells in Woburn, Massachusetts.
05/31/88: The company pleaded guilty to one count making a false
statement [18 U.S.C. § 1001]. On the same date, the company was fined
the maximum statutory fine of $10,000.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
Defendantfsj/Docket No./Court
Custom Food Machinery
Ronald McNiel
Eugene Welch
87-20002
(N.D. Cal.)
Jay Woods Oil, Inc.
Edmund Woods
87-20012
(E.D. Mich.)
Frank Lynch
87-CR-20017BC
(E.D. Mich.)
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Facts and Status
Facts: Ronald McNiel is president and owner of Custom Food
Machinery and Eugene Welch is an employee.
01/29/87: Custom Food Machinery, McNiel, and Welch each pleaded
guilty to a one-count TSCA criminal information filed in San
Francisco. The count arose from the defendants' illegal burial on the
firm's property of a large transformer containing and leaking PCBs in
excess of 50 ppm in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C.
§§ 2614 and 2615(b)]. Custom Food was fined $15,000 and placed on three
years probation, while McNiel was fined $5,000 and given two years
probation. Welch was sentenced to two years probation.
Facts: Jay Woods Oil, Inc., operated a number of underground
injection wells in conjunction with its oil recovery operation. EPA
discovered plugs installed on four wells during a mechanical integrity
test.
02/13/87: A Federal Grand Jury indicted Jay Woods Oil, Inc., and its
president, Edmund Woods, on four felony counts of concealing a
material fact from EPA by trick, scheme, or device in violation of 18
U.S.C. § 1001. In addition, Mr. Woods was charged with having
committed perjury before a grand jury, in violation of 18 U.S.C. § 1623,
a felony. The company and Mr. Woods were charged with deceiving
EPA by placing plugs into four underground injection wells so it would
appear that they met the mechanical integrity test (MIT) requested by
Region V under 40 CFR Part 144 promulgated pursuant to the Safe
Drinking Water Act.
04/20/87: The corporation pleaded guilty to all four counts and Woods
pleaded guilty to two counts of false statements [18 U.S.C. § 1001].
05/20/87: The corporation was fined $1,000 and assessed $200 on each
count and placed on probation. Wood was assessed $50 on each count
and sentenced to nine months incarceration on each count to be served
concurrently. He will be considered for release upon serving three
months.
Facts: Lynch, a former employee of Woods Contracting, was present
when Woods installed the plug on the Lake Isabella well.
04/03/87: One-count indictment filed charging Lynch with making a
false material declaration under oath in a proceeding before a Grand
Jury in violation of 18 U.S.C. § 1623.
06/02/87: Lynch pleaded guilty to one count of a superseding
information charging him with disobedience of a lawful U.S. District
Court command in violation of 18 U.S.C. § 401(3).
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL
CHARGES AND DISPOSITIONS
Fiscal Year
NVESTIGATIONS
1987
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Defendant(s)/Docket No./Court
Facts and Status
Frank Lynch
(cont. from previous page)
07/28/87: Lynch »
and placed on two
entenced to six months imprisonment (all suspended)
years probation for violation of 18 U.S.C. § 401(3).
Joseph Tietelbaum
87-75
(D.N.J.)
Facts: Joseph Tietelbaum, president of LMT Steel of Hoboken, controls
TNT Realty which owns a warehouse in Edison. A semi-trailer
abandoned in a vacant lot in Newark contained 59 drums of chemicals
alleged to have come from that warehouse.
03/03/87: A Federal Grand Jury in Newark returned a four-count
indictment charging Tietelbaum with one count conspiracy in
violation of 18 U.£ .C. § 371 and three counts of transporting hazardous
waste without a manifest form to an unpermitted disposal facility in
violation of RCRA, Sec. 3008(d)(l), (d)(2)(A), and (d)(5) [42 U.S.C.
§§ 6928(d)(l), 692S(d)(2)(A>, and 6928(d)(5)].
06/28/87: Tietelbaum pleaded guilty to one count of transporting
hazardous waste in violation of RCRA [42 U.S.C. § 6928(d)(5)].
07/30/87: Tietelbaum sentenced to pay $20,000 fine, assessed $50, and
placed on two years probation.
Marathon Development Corp.,
Terrence Geoghegan
87-129MC
(D. Mass.)
Facts: Marathon scraped, leveled, and piled debris in wetlands on part
of a 117-acre site in Seekonk, Massachusetts in order to build an access
road for the construction of a ISO-store mall and cinema. Geoghegan is
one of Marathon's' senior vice presidents.
04/08/87: 25-count indictment filed charging each defendant with
failure to acquire a U.S. Army Corps of Engineers permit to fill a
wetland between June 17 and October 16, 1986, in violation of Clean
Water Act, Sees! 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and
1319(cXD3.
05/04/88: U.S. District Judge sentenced defendants Marathon
Development and Geoghegan subsequent to the filing of superseding
information (05/05^88) and to their guilty pleas on all 25 counts charged
in superseding information (05/31/88).
05/05/87: 25-count superseding information filed charging the same
defendants with the same counts as in the first indictment.
05/31/88: Geoghejgan was sentenced to a 6-month suspended prison
term, fined $10,000 and 1 year probation. Marathon was sentenced to
pay a $100,000 fine.
Freeman Krum
87-0071
(M.D. Pa.)
Facts: Krum oper
which received a
transformers were
ated a metal reclamation facility in Montours County
truckload of used electrical transformers. The
drained and used for scrap metal.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket NoVCourt
Facts and Status
Freeman Krum
(cont. from previous page)
04/20/87: Krum pleaded guilty to a three-count information filed
charging improper storage and disposal and failure to keep PCB
records in violation of TSCA, Sees. 6(e), 15, and 16 [15 U.S.C. §§ 2605(e),
2614, and 2615(b)] and regulations promulgated by EPA [40 CFR
§§ 761.60, 761.65 and 761.80].
06/10/87: Krum was sentenced to 18 months probation on each count to be
served concurrently and costs of $25 on each count.
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John Meyer
87-10060M
(E.D. Mo.)
Facts: Meyer imported foreign automobiles for sale in the United
States. A five-year exemption was claimed for two Mercedes Benz that
were subsequently resold.
04/23/87: Meyer pleaded guilty to an information charging two counts
of violating the Clean Air Act, Sec. 113(c)(2) [42 U.S.C. § 7413(c){2)j by
making false statements to EPA in connection with an automobile
import scheme.
05/22/87: Meyer was fined $10,000, sentenced to two years probation and
ordered to pay $2,600 in restitution to Missouri.
Denver Sanitary Company
Frank R. Giardino
Donald C. Hughes
Andrew Fedorowicz
87-CR-117
(D. Colo.)
Facts: Denver Sanitary Company is a waste hauling and disposal
company. Giardino is the company vice president; Hughes and
Fedorowicz are supervisors. Wastes collected by the company were
dumped into local sewer systems.
04/24/87: A 22-count indictment was filed charging each defendant
with one count of conspiracy [18 U.S.C. § 371] and four counts of
transportation of hazardous waste to an unpermitted facility, a violation
of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)]. The additional
charges are as follows:
Making false statements [18 U.S.C. § 1001]
counts, and Giardino one count.
The company two
Willful and negligent discharge of pollutants into a POTW, in
violation of the Clean Water Act, Sees. 307(b) and (d) and 309(c)(l)
(33 U.S.C. §§ 1317(b) and (d) and 1319(c)(D] - The company and
Giardino four counts each.
Unpermitted storage of hazardous waste in violation of RCRA, Sec,
3008(d)(2)(A) [42 U.S.C. § 6928 (d)(2)(A)] - The company, Giardino,
and Hughes six counts each, Fedorowicz two counts.
Making a false statement in violation of RCRA, Sec. 3008(d)(3) [42
U.S.C. § 6928(d)(3)] - The company and Hughes five counts each.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year! 1987
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Defendant(s>/Docket NoVCourt
Facts and Status
Denver Sanitary Company, et al.
(cont. from previous page)
07/14/87: The coppany pleaded guilty to one count of making a false
statement, two counts of transporting hazardous waste to an unpermitted
facility and one count of illegal storage of hazardous waste.
09/04/87: The company was fined $85,000, $40,000 suspended if the
company complies with all environmental laws during three-year
probationary period, and ordered to perform community service.
02/11/88: Defendants Giardino, Hughes, and Fedorowicz charged in a
superseding information.
Giardino and Fedorowicz each charged with:
One count of willful and negligent discharge into a POTW, in
violation of Cjlean Water Act, Sees. 307(b) and (d) and 309(cXD [33
U.S.C. §§ 13i?(b) and (d) and 1319(c)(l)]; one count violation of
RCRA, Sec. 3Q08(d)(l) [42 U.S.C. § 6928(d)(l)l; one count violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)J, and as an
accessory after the fact [18 U.S.C. § 3] on each count.
Hughes was charged in the same superseding information with:
One count violation of RCRA [42 U.S.C. § 6928(d)(2)(A)], one count
violation of RCRA [42 U.S.C. § 6928(d)(3)], and charged as an
accessory after the fact [18 U.S.C. § 3] on each RCRA count.
03/15/88: Defendant Fedorowicz entered guilty plea to all three counts
charged in superseding information and was sentenced to pay $2,500
fine, one year probation and 300 hours of community service.
03/22/88: Defendants Giardino and Hughes entered guilty plea to all
counts charged iq superseding information. Giardino was sentenced to
pay $7,500 fine and Hughes was sentenced to pay $3,000 fine.
Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr.
87-CR-116
(D. Colo.)
Facts: Leigh-Denver is a subsidiary of Leigh-Industries, Inc. of Ohio
which custom molds fiberglass and plastic products. Demshar is the
president of Lei||;h-Denver. Barrels of toxic and corrosive hazardous
wastes were dumped at the Denver facility.
04/24/87: Each defendant was charged with two counts of disposal of
hazardous wastes at an unpermitted facility in violation of RCRA, Sec.
3008(dX2)(A) [421U.S.C. § 6928(d)(2)(A)].
07/17/87: Two-count superceding information filed charging Demshar
with failure to notify of release of hazardous substances under
CERCLA, Sec. I03{b) [42 U.S.C. § 9603(b)]. Demshar pleaded guilty to
both counts the s ame day. The company pleaded guilty to one count of
disposal of hazardous wastes at an unpermitted facility in violation of
RCRA [42 U.S.C. § 6928(d)(2)(A)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Leigh Industries
(cont. from previous page)
08/14/87: The company was fined $1.00 and $200 special assessment.
Defendant Demshar was sentenced to pay a $10,000 fine.
Protex Industries, Inc.
Donald James Wilson
Charles Vesta Hyatt
87-CR-115
{D, Colo.)
Facts: Protex manufactures and sells chemical products, including
curing compounds, grouts, and epoxies used in concrete construction.
Wilson is the general manager and Hyatt is the comptroller.
04/24/87: A 19-count indictment was filed charging each defendant
with one count of conspiracy [18 U.S.C. § 1001], one count of discharging
pollutants in violation of the Clean Water Act, Sees. 301(a) and 309(c)(l)
[33 U.S.C. §§ 1311(a) and 1319(c)(l)] and nine counts of storage and
disposal of hazardous wastes in violation of RCRA, Sec. 3008(d)(2)(A)
[42 U.S.C. § 6928(d)(2)(A)]. The firm was charged with four counts and
Hyatt was charged with three counts of making false statements about
the manner in which hazardous industrial waste products were
generated and stored [18 U.S.C. § 1001]. The firm was also charged with
one count of transportation of hazardous waste in violation of the
Hazardous Materials Transportation Act [49 U.S.C. §§ 1804 and 1809(b)]
and three counts of knowingly endangering its employees by directing
them to handle hazardous wastes in a manner that represented an
imminent danger to them of death or serious bodily injury, a violation
of RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)j.
11/23/87: Defendant Hyatt pleaded guilty to one count violating Clean
Water Act [33 U.S.C. § 1319{c)(l)I, and one superceding information
count of violating RCRA [42 U.S.C. § 6928(d)(3)].
12/15/87: Defendant Donald Wilson severed from the trial.
date not set.
New trial
12/21/87: Hyatt sentenced to one year probation for each count, $3,000
fine, and $25 assessed for the Crime Victim/Witness Fund.
12/21/87: Federal District court jury handed down a guilty verdict on 16
of 18 counts against the company. The company was found guilty on the
following counts:
One count of conspiracy [18 U.S.C. § 371], four counts of making
false statements [18 U.S.C. § 1001], one count of illegal discharge, in
violation of the Clean Water Act [33 U.S.C. §§ 1311(a) and
1319(c)(l)]> seven counts unpermitted storage and disposal of
hazardous waste, a violation of RCRA [42 U.S.C. § 6928(d)(2)(A)1,
and three counts of knowingly endangering its employees, a
violation of RCRA [42 U.S.C. § 6928(e)].
The following count was dismissed before the trial started:
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OFFICE OF CRIMINAL (INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Defendant(s)/Docket No./Court
Facts and Status
Protex Industries, Inc., et al,
(cont. from previous page)
One count Hazardous Materials Transportation Act [49 U.S.C.
1804 and I8|09(b)].
03/03/88: Protex Industries, Inc. was sentenced to pay a $7,630,000 fine
(all but $440,000 suspended), five years probation on each count (to be
served concurrently), restitution to three victims totaling $950,000,
undetermined cleanup costs and $3,100 assessment to Crime Victim's
Fund.
05/28/88: Continuance granted for trial of company's general
manager, Donald |j. Wilson. Trial date set for 09/19/88.
09/15/88: A superseding information was filed charging Wilson with
one count of accessory to making a false statement in violation of 18
U.S.C. § 3; two ccjunts of illegal discharge of pollutants, in violation of
the Clean Water Act, Sees. 301(a) and 309(cXD [33 U.S.C. §§ 1311(a) and
1319(cKl)]; and two counts of failure to report discharge, in violation of
CERCLA, Sec. I03(b)(3) [42 U.S.C. § 9603(b)(3)]. On the same day,
Wilson pleaded guilty to all five counts charged in the superseding
information.
»
10/18/88: Wilson was sentenced to pay a $25,000 fine, five years
imprisonment (ajll suspended), five years probation, 500 hours of
community service, and pay a $125 assessment to the Crime Victim's
Fund.
05/11/89: The T^nth U.S. Circuit Court of Appeals upheld the district
court convictions.
John Moran, Jr.
87-00107-01-CR-2-8
(W.D. Mo.)
Facts: A hooded witness testified before the U.S. House of
Representatives Committee on Government Operations' Subcommittee
on the Environment, Energy and Natural Resources that he had, in
return for cash payments, dumped capacitors and drums containing
PCB-contaminated oil into the Missouri River and at nine other
locations including the Lake of the Ozarks. Moran is an inmate at the
Missouri Training Center for Men serving a 15-year sentence for an
armed robbery conviction.
05/18/87: A six-count indictment was filed charging Moran with
giving false statements after he admitted fabrication of the entire PCB-
dumping story [18 U.S.C. § 1001].
10/22/87: Moran was acquitted by the jury on all six counts of making
false statements [18 U.S.C. § 1001].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendantfsj/Docket No./Court
Facts and Status
Merlyn Pollock
87-00148-1-CR-W-8
(W.D. Mo.)
Facts: Chemicals from the Posch Foundry laboratory were disposed of
at a sanitary landfill and abandoned in an open field. Pollock had
purchased Posch Foundry.
06/23/87: Pollock was indicted on two counts of violating TSCA [15
U.S.C. §§ 2614 and 2615] and one count of violating RCRA [42 L'.S.C.
§ 6928(d)].
09/11/87: Pollock pleaded guilty to two counts of violating TSCA [15
U.S.C. §2614 and 2615].
1V09/87: Pollock sentenced to pay $35,000 fine, $25 on each count for an
administrative fine, imprisonment sentence suspended, and one year
probation on each count to be served concurrently. Fines to be paid in the
first 10 months of probation.
Jere Neil Ellis
James "Buddy" Floyd
87-20105-G
(W.D. Tenn.)
Facts: Ellis owns and operates Solid and Liquid Waste Disposal
Company located in Dyersburg, TN. Floyd is employed by the company
as a truck driver. The company made agreements with other
companies to haul away industrial wastes and dispose of the wastes by
incineration. EPA assisted this FBI investigation by collecting and
analyzing samples from the site.
06/29/87: 17-count indictment was filed charging both Ellis and Floyd
with one count of conspiracy [18 U.S.C. § 3713 and 16 counts of mail
fraud [18 U.S.C. §§ 1341 and 2] for activities associated with storage and
disposal of wastes at the company's Dyersburg site.
03/28/88: Trial began in U.S. District Court.
04/05/88: After a six-day trial, Ellis was convicted of all 16 counts of
mail fraud [18 U.S.C. § 1341 and 2], and acquitted on the conspiracy
count. Floyd was acquitted on all counts.
06/17/88: Ellis was convicted on 16 counts of mail fraud [18 U.S.C.
§ 1341].
06/27/88: Ellis was sentenced to pay a $16,000 fine, serve two years
imprisonment, two years probation and pay $800 assessment to the
Crime Victim's Fund.
Albert S. Tumin
87-488
(E.D.N.Y.)
Facts: Tumin abandoned three 55-gallon barrels of ethyl ether in an
empty lot in a residential neighborhood located in Rockaway, Queens,
New York, prior to returning a rental truck.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Defendant(s)/Docket No./Court
Facts and Status
Albert S. Tumin
(cont. from previous page)
07/08/87: Grand Jury returned a three-count indictment against
Tumin, charging! one RCRA count of illegal transportation of
hazardous waste to an unpermitted facility, a violation of RCRA, Sec.
3008(d)(l) (42 U.S.C. § 6928(d)(l)l; one count knowing endangerment by
disposing of hazardous wastes with the knowledge that it placed another
person in imminent danger of death or serious bodily injury in
violation of RCRA, Sec. 3008 [42 U.S.C. § 6928(d)]; and one count failure
to notify of the release of a hazardous substance into the environment in
violation of CERCjLA, Sec. 103(b) [42 U.S.C. § 9603(b)]. Also charged
with 18 U.S.C. § 3623 on each count.
07/22/87: Tumin arraigned in U.S. District Court, E.D. New York on
$100,000 bail. •
11/02/87: Trial to begin.
03/28/88: Trial began.
04/13/88: Tumin was convicted on all counts charged in the indictment
filed 07/08/87, after a two-day trial. Tumin's conviction as an
individual under the knowing endangerment provision of RCRA is the
first of its kind. '
10/21/88: Tumin was sentenced to serve five years imprisonment (all
but two years suspended).
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Reidy Terminal, Inc.
87-00178 CR (4)
(E.D. Mo.)
Wisconsin Barge Line, Inc.
87-180CR (M2)
(E.D. Mo.)
Anthony DeJohn
87-00181CRCM4)
James Johnson
(E.D. Mo.)
Fscts: Reidy Terminal, Inc. was engaged in a barge cleaning
operation located in St. Louis, Missouri. Wisconsin Barge Line, Inc. is
the parent company of Reidy Terminal, Inc. Anthony DeJohn was
WBL's vice president and director of operations and James Johnson
was Reidy's former manager.
07/23/87: One-count information filed charging Reidy Terminal, Inc.
with unpermitted disposal of hazardous waste, a violation of RCRA, Sec.
3008(d)(2KA) [42 U.S.C. § 6928(d)(2)(A)]. The company pleaded guilty to
one-count charge on the same day.
07/23/87: Five-count information filed charging Wisconsin Barge
Line, Inc. with unpermitted discharge in violation of Clean Water Act,
Sees. 301(a) and i09(c)(l) [33 U.S.C. §§ 1311
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N'ATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Reidy Terminal, Inc., et al.
(cont. from previous page)
07/31/87: Three-count information filed charging DeJohn with one
count discharge of pollutants without a permit in violation of Clean
Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§1311 and 1319(c)(l)]; one
count failure to report discharge in violation of CWA, Sec. 311(b)(5) [33
U.S.C. § 1321(b)(5)]; and one count discharge of refuse in violation of
Rivers and Harbors Appropriation Act of 1899 (Refuse Act), Sees. 13 and
16 [33 U.S.C. §§ 407 and 411]. DeJohn pleaded guilty to one count of
unpermitted discharge of pollutants [33 U.S.C. §§ 1311 and 1319(c)(l)j
and one count unpermitted discharge of waste [33 U.S.C. §§ 407 and 411];
one count of failure to report discharge was dismissed by the court.
08/07/87: One-count information filed charging Johnson with
discharge of pollutants without a permit in violation of Clean Water
Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)]. Johnson
pleaded guilty to one count information the same day.
08/14/87: Reidy Terminal, Inc. sentenced to pay $250,000 fine and $200
special assessment. Wisconsin Barge Line, Inc. sentenced to pay
$125,000 fine and $100 special assessment.
09/04/87: DeJohn sentenced to three years probation, 200 hours of
community service in the first 30 months on each count (to be served
concurrently) and $25 special assessment.
09/11/87: Johnson sentenced to three years probation, 100 hours of
community service and $25 special assessment.
Patrick W. Paciesas
87-0059
(S.D. Ohio)
Facts: Paciesas was president of Sea Bright Environmental Company,
Inc. Sea Bright was an Ohio corporation authorized to do business in
Kentucky for the purpose of removal, transportation, and disposal of
hazardous waste and decommissioning of electrical transformers and
capacitors. Sea Bright contracted for the transportation and disposal of
polychlorinated biphenyls (PCBs) and PCB items.
08/03/87: One-count information filed charging that Paciesas
knowingly and willfully disposed oil contaminated with PCBs by
spilling, leaking, or discharging PCB-contaminated oil on the ground
in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and 2615(b)]
and regulations promulgated by EPA under 40 CFR § 761.60.
08/03/87: Paciesas pleaded guilty to one count of storage and disposal of
PCB-contaminated oil in an unlawful manner, a misdemeanor.
09/28/87: Paciesas sentenced to two years probation, 100 hours of
community service, and mandatory enrollment in an alcohol
treatment program.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Defendant(s)/Docket NoVCourt
Facts and Status
John Plantan
CR-1-88-002
(S.D. Ohio)
(related to previous case, Paciesas )
01/06/88: Plantan, an employee of Sea Bright Environmental
Company, Inc. was indicted in a nine-count indictment. Plantan is
charged with nin«[ counts of violating PCB rules of TSCA, Sees. 6(e), 15
and 16 [15 U.S.C.!§§ 2605(e), 2614 and 2615(b)J. Plantan is also charged
with aiding and abetting [18 U.S.C. § 2] with each count.
04/14/88: Plantan pleaded guilty to two counts of violating PCB rules of
TSCA, Sees. 6(e), 115 and 16 [15 U.S.C. §§ 2605(e), 2614 and 2615(b)].
07/25/88: Plantan sentenced to one year imprisonment (suspended), two
years probation and was ordered to place a notice in Cincinnati
newspapers regarding his conviction.
Patrick E. Perrin
87-00187-01-CR-W-9
(W.D. Mo.)
Dwight E. Thomas, Jr.
88-00185-01-CR-W-JWO
(W.D. Mo.)
88-00185-01-CR-W-5
Facts: Perrin was plant manager for Martha C. Rose Chemical
Company in Holden, Missouri. The company engaged in the business
of transportation land disposal of items such as electrical transformers,
capacitors and oil containing polychlorinated biphenyls (PCBs).
08/20/87: 10-count indictment charging Perrin with one count of
conspiracy in violation of 18 U.S.C. § 371; six counts making false
statements in violation of 18 U.S.C. § 1001; and three counts of violating
TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and 2615(b)].
02/04/88:
I 371].
Perrin pleaded guilty to one count of conspiracy [18 U.S.C.
07/20/88: Perrin was sentenced to pay a $50 fine, serve two years
imprisonment, and pay a $50 special assessment.
Facts: Dwight' E. Thomas, Jr. was Director of Research and
Development and also supervisor of the laboratory at Martha C. Rose
Chemical Company.
09/21/88: A thirty-two (32) count indictment was filed charging the
defendant with the following: one count of illegal storage of PCB
capacitors in violation of TSCA, Sec. 15(3) and 16(b) [15 U.S.C.
§§ 2614(3) and 26jl5(b)], one count of conspiracy in violation of 18 U.S.C.
$ 371; and thirty (30) counts of making false statements in violation of
18 U.S.C. § 1001.
04/30/90: Defendant Thomas pled guilty to two counts: conspiracy to
defraud EPA violating 18 U.S.C. § 371 and making a false statement
violating 18 U.S.CJ. §§ 2 and 1001. Defendant was sentenced to serve two
years imprisonment on both counts (to be served concurrently) and
ordered to pay a $5,000 fine and a special assessment of $100. All other
charges were dismissed.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
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W.C. Carolan
James Carolan
Christopher Gosch
Sharon Hayes
Dwight E. Thomas, Jr.
89-00045-01/04
CR-W-JWO
(W.D. Mo.)
Facts: Walter C. Carolan was president of Martha C. Rose Chemical
Company (Rose Chemical), located in Holden, Missouri. James
Carolan was General Manager. Christopher Gosch was founder and
director of Sales and Marketing. Sharon Hayes was office manager.
Dwight Thomas Jr. was lab supervisor and director of Research and
Development. Rose Chemical was engaged in the business of transport-
ing and disposing equipment and oil containing polychlorinated
biphenyls (PCBs). The company went out of business in March 1986.
03/14/89: The grand jury filed a forty-three count indictment charging
the defendants with the following counts:
W.C. Carolan and Dwight Thomas, Jr. each charged with:
One count of conspiracy in violation of 18 U.S.C. § 371;
31 counts of making false statements, in violation of 18 U.S.C.
§ 1001;
one count of improper storage of PCB capacitor cores, in viola-
tion of TSCA, Sees. 15 and 16, 15 U.S.C. §§ 2614 and 26150W; and
ten counts of mail fraud in violation of 18 U.S.C. § 1341.'
Christopher Gosch and James Carolan each charged with:
one count of conspiracy, in violation of 18 U.S.C. § 371;
one count of improper storage of PCB capacitor cores, in
violation of TSCA, Sees. 15 and 16, 15 U.S.C. §§ 2614 and 2615(b);
ten counts of mail fraud in violation of 18 U.S.C. § 1341.
Sharon Hayes was charged with one count of conspiracy, in
violation of 18 U.S.C. § 371.
07/14/89: Defendants Gosch and Hayes each pleaded guilty to one count
of conspiracy, in violation of 18 U.S.C. § 371.
10/04/89: Defendant James Carolan pleaded guilty to one count of
conspiracy, in violation of 18 U.S.C. § 371.
10/26/89: Defendant Walter Carolan pleaded guilty to one count of
conspiracy (18 U.S.C. § 371), and one count of making false statements
(18 U.S.C. § 1001).
10/27/89: Defendant Dwight Thomas, Jr. pleaded guilty to one count of
conspiracy (18 U.S.C. § 371), and one count making false statements (18
U.S.C. § 1001).
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Facts and Status
W.C. Carolan, et al.
(cont. from previous page)
02/13/90: Defendant Sharon Hayes was sentenced after entering a
•guilty plea to one .count of conspiracy to defraud the Agency, a violation
of 18 U.S.C. § 371J. Hayes was sentenced to pay a fine of $200, to serve
three years probation and pay $50 special assessment to the Crime
Victim's Fund.
02/21/90: Defendant Christopher Gosch was sentenced to serve two years
imprisonment (allI but three months suspended, which is to be served in
a work release program), followed by three years probation, and ordered
to pay a $50 special assessment to the Crime Victim's Fund.
04/03/90: Defendant Walter Carolan was sentenced to serve two years
on count one and two years on count 31 (to be served concurrently) and
fined $10,000 and a special assessment of $50 on each count. All other
charges were dismissed.
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04/12/90: Defendant James Carolan was sentenced to three years
probation, a fine of $500 and a special assessment of $50. All other
charges were dismissed.
Samar Chatterjee
CR-87-656
(N.D. 111.)
Facts: Chatterjee is a consultant on environmental matters. He
submitted testing data relative to sanitary sewer connections, flow
gauging, manhole inspections, and sewer survey reports to EPA and the
Metropolitan Sanitary District of Greater Chicago. He was paid over
$200,000 from EP^ Step 1 grant funds.
08/31/87: Chatterjee was arrested before he could leave the country and
charged in a 32-count indictment with one count conspiracy to violate
the Clean Water Act [18 U.S.C. §371]; 11 counts of submitting false
Clean Water Act documents [18 U.S.C. § 1001]; and 20 counts of mail
fraud involving Clean Water Act [18 U.S.C. § 1341]. Chatterjee was
incarcerated on $1,400,000 cash bond with no 10% alternative.
10/07/88: Chattejrjee pleaded guilty to three counts of mail fraud, in
violation of 18 U.S.C. § 1341.
02/06/89: Samar Chatterjee was sentenced to pay $220,000 in restitution:
$110,000 to EPA, ^ind $110,000 to the South Stickney Sanitation District,
and to serve four iyears imprisonment and five years probation.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant s)/Docket No ./Court
Facts and Status
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Baytank (Houston), Inc.
Odfjell Westfal - Larsen (USA), Inc.
Haavar Nordberg
Roy John sen
R. C. Tercic, aka Milko Tercic
Larry Pipkin, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Job an Seale
Ulf Aune
CR-H-87-220
(S.D. Tex.)
Facts: Odfjell Westfal-Larsen (USA), Inc. [OWL (USA), Inc.] is a
Norwegian company incorporated in Delaware. Baytank (Houston;,
Inc. is a subsidiary of OWL (USA), Inc. Baytank is a chemical storage
and transfer marine terminal which transfers liquids to and from
storage tanks via rail, truck, barge, and ship and generates process
wastes from tank and line cleaning, washdown of spills, and rainfall
in the transfer areas. Hazardous wastewater was collected in two
storage tanks and disposed of at sea through chemical tanker ships of
the Odfjell Westfal-Larsen line.
Haavar Nordberg was executive vice president of OWL (USA), Inc.;
Roy Johnsen was operations manager for Baytank; Larry Pipkin, Jr.
was traffic manager for Baytank; Donald Gore was a Baytank
employee responsible for environmental matters; R. C. Tercic (aka
Milko Tercic) was responsible for construction of the Baytank facility
in Seabrook, Texas; and the remaining 14 defendants were ship
masters and chief officers. Baytank (Houston), Inc. is located on the
Bayport Turning Basin in Harris County, Houston, Texas. This is the
first criminal case brought under the Ocean Dumping Act.
09/03/87: Grand Jury in Houston handed down a 37-count indictment
charging 21 defendants with conspiracy [18 U.S.C. §371] and various
violations of the Marine Protection, Research and Sanctuaries Act
(MPRSA - Ocean Dumping Act) [33 U.S.C. §§ 1411(a)(l) and 1415(b)] by
knowingly transporting material and causing material to be
transported from the U.S. on a ship for the purpose of dumping said
material into ocean waters without a permit, violating the Federal
Water Pollution Control Act (FWPCA - CWA) [33 U.S.C. § 1319(c)] by
willfully and negligently discharging pollutants into navigable water
of the U.S. without a permit. Violating RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(2)(A)j by treatment, storage, and disposal of hazardous
wastes at an unpermitted facility; violating RCRA, Sec. 3008(d)(3) [42
U.S.C. § 6928(d)(3)] by making false statements; violating RCRA, Sec.
3008(dX5) [42 U.S.C. § 6928(d)(5)] by knowingly transporting or causing
hazardous wastes to be transported without a manifest or shipping
papers; violating RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)] by knowingly
placing people in imminent danger of death or serious bodily injury;
and violating CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)] by failing to
notify of release of hazardous substance.
10/07/87: Defendant Vermund Gravdal was arrested.
11/18/87: Defendant Johan Saele was arrested.
01/29/88: Defendant Aune was arrested.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
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Facts and Status
Baytank (Houston), Inc., et al.
(cont. from previous page)
02/16/88: Defendants Vasset, Johansen, Grotle, Skar, Nikoe, Roedland,
Wikum, Eriksen, and Jensen were arrested.
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03/10/88: Defendant Landoey was arrested.
11/18/88: After aijury trial in federal district court; all charges were
dismissed except for the following convictions:
Baytank-Houston, Inc., Haavar Nordberg, and Roy Johnsen were
each found guilty of :
Six counts of negligent discharge of pollutants into navigable
water of th[e U.S. without an NPDES permit, in violation of the
CWA, Sec. 301(a) and 309(c)(l) [33 U.S.C. §§ 131KA) and
1319(c)(D],
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Two counts of illegal disposal of hazardous waste without a
permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2|)(A)]; and
One count of failure to notify of a release of a hazardous
substance, in violation of CERCLA, Sec.lOS(b) [42 U.S.C.
§9603(b)]J
Defendant Donald Gore was convicted of four counts of negligent
discharge of (pollutants into navigable waters of the U.S., in
violation of the CWA, Sees. 301(c) [33 U.S.C. § 1311(c)].
01/23/89: Baytank (Houston), Inc. was sentenced for their conviction on
two RCRA counts to pay a fine of $50,000, five years probation, and
ordered to submit a proposal for community service to be performed
during probation.
02/02/89: Baytank filed a notice of Appeal from the judgment and
sentence entered on January 23, 1989. Baytank (Houston), Inc. entered
a Notice of Appeal of the sentence filed on January 23, 1989 for two
counts of violating RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. §f 3008
04/25/89: A judgment was entered ordering a new trial for Baytank
(Houston), Inc. as to the CWA counts and CERCLA count, which
Baytank was conyicted of violating by a jury verdict on November 18,
1988.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No./Court
Facts and Status
Francis Susan Moose
87-101
(W.D. Va.)
Facts: Moose was Jarrett's Water &
employee other than owner, Jarrett.
Waste Water Service's one
09/17/87: Moose appeared before a Federal Grand Jury and confessed to
falsifying Discharge Monitoring Reports (DMRs) provided by Jarrett's
Water and Waste Water Services to its municipal clients. She then
pleaded guilty to a 10-count information charging her with violating the
Clean Water Act, Sees. 308(a) and 309(c)(l) [33 U.S.C. §§ 13l8(a) and
1319(c)(l)]. She was sentenced to one year probation and a $500 fine on
the information counts, $200 restitution to the Old Dominion Job Corps
and $250 assessment to the Crime Victim's Fund [18 U.S.C. § 3013].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
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Cuyahoga Wrecking Corporation
Overland Corporation
Samuel Runfola
Virgil Cummings
Ernest R. Martin
HAR-87-0485
(D. Md.)
Publicker Industries, Inc.
HAR-88-0007
(E.D. Pa.)
Facts: Cuyahoga Wrecking Corporation, is headquartered in Great
Neck, New York and is currently in bankruptcy. Overland
Corporation of Philadelphia, Pennsylvania is a wholly owned
subsidiary of Cuyahoga Wrecking Corporation. Samuel Runfola is the
site superintendent and project manager for Cuyahoga. Virgil
Cummings, a hauler, is owner and operator of Cummings Development
Company in Salem, West Virginia. Ernest Martin owns and operates
"Ernest Martin's Junkyard" in Oakland, Maryland, where waste
material from the Cuyahoga Overland site in Philadelphia was
transported and stored.
Publicker Industries, Inc. is a publicly held corporation headquartered
in Greenwich, Connecticut. Publicker owned and operated an alcohol
manufacturing plant on the Delaware River in Philadelphia. In 1986,
the site was sold to Overland Corporation, a subsidiary of Cuyahoga.
11/05/87: Publicker Industries, Inc. was charged in the Eastern District
of Pennsylvania by the filing of an information charging the company
with one count of illegal storage of hazardous wastes without a permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
Publicker pleaded guilty to the one-count information in the District of
Maryland.
11/05/87: Ernest Martin, Cuyahoga Wrecking Corporation, Overland
Corporation, Samuel Runfola and Virgil Cummings were each charged
in an indictment filed in the District of Maryland with the following:
One count of conspiracy [18 U.S.C. § 371];
Two counts of knowingly transporting hazardous wastes to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)]; and
One count of failure to obtain RCRA permits to transport, store and
dispose of hazardous wastes in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928 (d)(2)(A)].
02/24/88: Publicker Industries, Inc. sentenced to $50,000 fine.
03/14/88: Cuyahoga Wrecking and Overland Corporation, Samuel
Runfola, and Ernest Martin pleaded guilty to the following counts:
Cuyahoga and Overland: Two counts each and Runfola one count
of knowingly transporting hazardous wastes to an unpermitted
facility in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§6928(d)(l)].
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year!1988
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Defendants)/Docket No./Court
Facts and Status
Cuyahoga Wrecking Corporation, et al.
(cont. from previous page)
Martin: One count failure to obtain RCRA permits to transport,
store and dispose of hazardous wastes in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
Cuyahoga and Overland Corporations were both sentenced to
$100,000 fines the same day they entered plea bargains.
03/21/88: Virgil Cummings, the only defendant that did not enter a
guilty plea, was convicted on every count charged in the indictment.
Sentencing will be held at a later date.
04/02/88: Ernest Martin was sentenced to pay a fine of $3,000, perform
100 hours of community service, placed on probation for three years, and
to pay $50 to the Crime Victim's Fund.
04/19/88: Samuel Runfola was sentenced to pay a $5,000 fine, five years
imprisonment (suspended), three years probation, 250 hours community
service, and $100 assessment to the Crime Victim's Fund.
05/12/88: Virgil Cummings was sentenced to pay $4,000 fine, four years
imprisonment (ail but six months suspended), and fouf years
probation.
Robert T. Kruse
Lee B. Grubbs
Carol K. Kisamore
A-87-CR-115
(W.D. Tex.)
Facts: Robert Kruse, Lee Grubbs, and Carol Kisamore were employed
by the U.S. Government in the Unicor, Inc. factory at the Bastrop
Federal Prison, Bastrop County, Texas. Kruse was employed as a
plastics worker foreman, Grubbs as the superintendent of industries,
and Kisamore as the business manager. Grubbs was responsible for
arranging the proper disposal of barrels containing hazardous wastes
from the prison. 11)1 addition, Grubbs paid Kruse $12,000 to remove 60
barrels of waste.
12/01/87: Each defendant was charged with the following:
One count of making a false claim (18 U.S.C. § 287);
One count of conspiracy (18 U.S.C. § 371);
One count of mail fraud (18 U.S.C. § 1341);
One count of knowingly transporting hazardous waste to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(D [42 U.S.C.
9 6928(d)(l)];
One count of disposing hazardous waste without a permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928
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_ Robert T. Kruse
• (cont. from previous page)
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendants)/Docket No./Court
Facts and Status
One count of transporting hazardous waste without a required
manifest in violation of RCRA, Sec. 3008(dX5) [42 U.S.C.
§ 6928(d)(5)].
The indictment alleges that Kruse, acting with knowledge and approval
of defendants Grubbs and Kisamore, created a fictitious company,
"Central Texas Disposal Systems," prepared and signed various forms
using the fictitious company's name, and leased a post office box for the
purposes of receiving a $12,000 payment from the U.S. Government for
removal of 60 barrels of hazardous waste from the Bastrop Federal
Prison. Additionally, it is alleged that the disposal of the hazardous
wastes was carried out in violation of RCRA.
09/08/88: After a jury trial, a federal district court jury acquitted each
defendant on all counts.
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William J. Pandozzi
CR-88-004-P
(D.R.I.)
MacDonald & Watson Waste Oil Co.
Narragansett Improvement Co.
Eugene K. D'Allesandro
Vincent Cinquegrano
Fran Slade
Faust Ritarossi
Michael O'Laughlin
CR-88-032-(01-07)-T
(D.R.I.)
(Related to above case, Wm. Pandozzi)
Facts: Pandozzi was employed by MacDonald and Watson Waste Oil
Company, as a driver and foreman.
01/12/88: One-count indictment charged defendant Pandozzi with one
count of making a false statement before the Grand Jury, in violation of
18 U.S.C. § 1623.
04/04/88: Trial scheduled to begin.
04/25/88: A federal district court jury handed down a guilty verdict
convicting Pandozzi of making a false statement before the Grand
Jury, as charged in the indictment.
11/03/88: Pandozzi was sentenced to one year imprisonment.
Facts: Two companies, MacDonald & Watson Waste Oil Co. and
Narragansett Improvement Co. (hereinafter referred to as "MacDonald
& Watson" and "Narragansett") were engaged in the business of
transportation and disposal of hazardous wastes and substances.
Eugene K. D'Allesandro was the President of MacDonald & Watson.
Cinquegrano, Slade, Ritarossi, and O'Laughlin were employed by
MacDonald & Watson. Narragansett Improvement Co. was in the
business of asphalt paving and located in Providence, Rhode Island.
04/26/88: 53-count indictment was filed charging the defendants with
the following counts:
Making a false statement in violation of 18 U.S.C. § 1001:
MacDonald & Watson, Narragansett, D'Allesandro, Cinquegrano,
and Slade were each charged with 20 counts; Ritarossi - 18 counts;
and O'Laughlin • two counts.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
MacDonald & Watson Waste Oil Co.,
et al.
(cent, from previous page)
Mail fraud, in violation of 18 U.S.C. § 1341: MacDonald &
Watson - 17 dounts; Narragansett - ten counts; D'AHesandro - 18
counts; Cinquegrano - 11 counts; Slade and Ritarossi - five counts
each.
Federal Racketeer Influenced and Corrupt Organizations Statute,
or "RICO," in violation of 18 U.S.C. § 1962(c); MacDonald &
Watson and D'Allesandro - one count each.
Knowingly transporting hazardous waste to an unpermitted facility
in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)J:
MacDonald & Watson and Narragansett - seven counts each;
D'Allesandro, Cinquegrano, and Slade - six counts each; Ritarossi
- five counts; and O'Laughlin - one count.
Knowing treatment, storage, and disposal of hazardous waste
without a permit in violation of RCRA, Sec. 3008(dX2)(A) [42 U.S.C.
§6928(d)(2)GA)}: MacDonald & Watson and Narragansett - five
counts each; D'Allesandro and Cinquegrano - two counts each.
Knowing treatment, storage, or disposal of hazardous waste in
violation of a permit, in violation of RCRA, Sec. 3008(d)(2)(B) [42
U.S.C. § 6928(d)(2)(B)]: MacDonald & Watson, Narragansett and
Slade - one count each.
Knowing omission and making a false statement on required
documents, in violation of RCRA, Sec. 3008(d)(3) [42 U.S.C.
§ 6928(d)(3)]: MacDonald & Watson and Slade - one count each.
Failure to report release of reportable quantity of hazardous
substance to tie National Response Center in violation of CERCLA,
Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)]: MacDonald & Watson and
Narragansett *• one count each.
06/29/89: The perjury conviction of William Pandozzi was upheld by
the U.S. Court of Appeals for the First Circuit.
10/04/89: After a three and one-half week jury trial, MacDonald and
Watson Waste Oil Co., Eugene D'Allesandro (MacDonald's
president), Fran Slade, and Faust Ritarossi were convicted of two
counts each of knowingly transporting hazardous waste in violation of
RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)].
MacDonald ail
5 6928(d)(2)(A
d Watson Waste Oil Co. was also convicted of one
count of knovingly treating, storing, or disposing of hazardous
waste, in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
], ten counts of false statements, in violation of 18
U.S.C. 1001; three counts of mail fraud, in violation of 18 U.S.C.
1341; and one count of unpermitted release of a hazardous waste, in
violation of CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(bX3)I.
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CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
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MacDonald & Watson Waste Oil Co.
et al.
(cont. from previous page)
The other company, Narragansett Improvement Co., was convicted
on two counts: one count of knowingly treating, storing, or
disposing of hazardous waste, in violation of RCRA, Sec,
3008(d)(2)(A) [42 U.S.C. § 6928
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL (INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(sVDocket No./Court
Facts and Status
MacDonald & Watson Waste Oil Co.,
et al
90-1051 thru 1054
90-1212
(cent, from previous page)
05/10/91: U.S. Court of Appeals for the First Circuit published its
decision on this c|ase. The court affirmed the convictions of Ritarossi,
Slade and MacDonald & Watson. The convictions of D'Allesandro
and Narragansett Improvement Company were vacated and
remanded.
Argent Chemical Laboratories, Inc.
Eliot Laurence Lieberman
Beatrix Faith Shanahan
CR-88-023
{W.D. Wash.)
Facts: Argent Chemical Laboratories, Inc. headquartered in Redmond,
Washington was engaged in the business of manufacturing, selling
and distributing pesticides, veterinary drugs, other industrial organic
and inorganic chemicals and other products for use by commercial fish
farms and the aquaculture industry. Eliot L. Lieberman is the
corporate president and treasurer. Beatriz F. Shanahan is the corporate
secretary.
01/13/88: An information was filed charging the defendants as follows:
Argent with two counts; Lieberman with three counts, and
Shanahan with one count of knowingly selling an unregistered
pesticide in violation of FIFRA, Sees. 12(a)(l)(A) and 14(b)(l) and
(4) [7 U.S.C. §§ 136j(a)(l)(A) and I361(b)(l) and (4)];
Argent was also charged with making false statements for each
FIFRA count, jin violation of 18 U.S.C. § 1001; and
Argent and Lieberman with two counts and Shanahan with one
count of selling unapproved drugs and thereby introducing
misbranded drugs into interstate commerce in violation of the
Federal Foodl Drug and Cosmetic Act [21 U.S.C. |§ 331(a) and
333(a)].
01/14/88: The corporation, Lieberman and Shanahan entered guilty
pleas to all chargps brought under FIFRA and the Federal Food, Drug
and Cosmetic Act. The corporation also pleaded guilty to two counts of
making false statements.
03/31/88: Argent Chemical Labs, Inc. was sentenced to pay a fine of
$70,000, Lieberman a fine of $20,000, ar.: Shanahan a fine of $10,000.
Both individual defendants, Lieberman and Shanahan, ordered to pay
$50 mandatory Assessment per count to the Crime Victim's Fund.
Argent, Lieberman, and Shanahan were each placed on five years
probation. Lieberman was sentenced to one year imprisonment (10
months suspended).
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(sj/Docket No./Court
Facts and Status
DAR Construction, Inc.
Maurice Dieyette
88-CR-65
(S.D.N.Y.)
Facts: DAR Construction, Inc. operates as an asbestos renovation and
removal business located in Staten Island, New York. Maurice
Dieyette, a/k/a "Cuda," was foreman and primary site supervisor of an
asbestos renovation and removal operation at a New York City
Department of Sanitation garage called Bronx West 7 Garage.
01/28/88: Eight-count indictment filed charging both the corporation
and Dieyette with the following:
Five counts each for asbestos emissions and disposal and
inadequate work practices all violating Clean Air Act, Sees.
112(c)(l)(B) and (e), and 113 (c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B) and
(e), and 74l3(c)(l)(C)];
One count each for failure to report the release of a hazardous
substance in violation of CERCLA, Sec. 103 [42 U.S.C. § 9603]; and
Dieyette was also charged with two counts of obstructing justice by
attempting to persuade a Grand Jury witness to provide false
testimony before the Grand Jury, in violation of 18 U.S.C. § 1503.
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12/05/88: The corporation entered a guilty plea to three counts of
violating the Clean Air Act, Sees. 112(c)(l)(B) and (e), and 113(c)(l)(C)
[42 U.S.C. § 7412(c)(l)(B) and (e), and 7413(c)(lKC)].
12/22/88: Defendant Maurice Dieyette was convicted by a jury of three
counts of violating the Clean Air Act.
04/07/89: Defendant Dieyette was sentenced to serve 90 days imprison-
ment and three years probation. The corporation was ordered to pay a
fine of $50,000 and assessed $600 for the Crime Victim's Fund.
09/14/89: The U.S. Court of Appeals for the Second Circuit affirmed the
conviction of Maurice Dieyette.
Ocean Spray Cranberries, Inc.
87-129MC
(D. Mass.)
Facta: The company's plant in Middleborough, MA, on the Nemasket
River, manufactures fruit juices and cranberry sauces.
Middleborough, MA claims to be "the cranberry capital of the world."
01/28/88: A 78-count indictment was filed charging the corporation with
illegally discharging inadequately treated industrial wastewater and
other pollutants into Middleborough's POTW and also into the
Nemasket River and its wetlands. The corporation was charged with
the following:
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Defendant(s)/Docket No./Court
Ocean Spray Cranberries, Inc.
(cont. from previous pageJ
Welco Plating, Inc.
«T C. Collins, Jr.
CR-88-H-0019NE
(N.D. Ala.)
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Facts and Status
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65 counts of willfully and negligently discharging inadequately
treated wastewater into a POTW in violations of NPDES pursuant to
Clean Water! Act, Sees. 301(a), 307, and 309(c)(l) [33 U.S.C.
§§ 1311(a), 1317, and 1319(c)(l)];
Six counts of i knowingly discharging wastewaters and pollutants
into a POTW, in violation of pretreatment standards for acidity
pursuant to Clean Water Act, Sees. 301(a), 307 and 309(c)(2) [33
U.S.C. §§ 13lU(a), 1317, and 1319(c)(2)];
Five counts of willful and negligent discharge of wastewater and
pollutants difectly into the Nemasket River and its adjoining
wetlands without an NPDES permit, in violation of Clean Water
Act, Sees. 301(a), and 309{c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)];
and
Two counts of negligently discharging pollutants into the
Nemasket River and its adjoining wetlands without an NPDES
permit, in violation of CWA, Sees., 301(a) and 309(c)(l) [33 U.S.C.
§§ 1311(a)and 1319(c)(l)].
04/18/88: The corporation was charged in a superseding indictment,
which lowered the above counts to sixty (60), five, five, and two
(respectively).
12/20/88: Ocean Spray pleaded guilty to twenty counts of willfully and
negligently discharging inadequately treated wastewater into a
POTW, and one count of negligently discharging wastewater into the
Nemasket River, as charged in the superseding indictment. On the
same day, the corporation was fined $400,000 and also agreed to
purchase and install a sludge press for the Town of Middleborough
STF.
Facts: J. C. Collins, Jr. is president, stockholder and in charge of
operations at Welco Plating, Inc., a metal coating and plating
corporation doing business in Woodville, AL. Welco's industrial
processes generated electroplating waste materials including cyanide,
cadmium, chromium, and other metals. EPA collected and analyzed
samples to assist this FBI investigation.
01/29/88: 30-couht indictment was filed charging both the corporation
and J. C. Collins, Jr. with the following:
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendants/Docket No./Court
Facts and Status
Welco Plating, Inc.
(cont. from previous page!)
One count of conspiracy [18 U.S.C. § 371]; two counts of willfully and
knowingly discharging pollutants from a point source into Cobb
Creek without a permit in violation of Clean Water Act, Sees. 301(a)
and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)]; five counts of
transportation of hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)U)]; seven
counts of disposing hazardous waste without a permit, in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; nine counts of
transportation of hazardous waste without a required manifest, in
violation of RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)]; and six
counts of failure to report release of hazardous substances in
violation of CERCLA, Sec. 103(b)<3) [42 U.S.C. § 9603(b)(3)].
04/05/88: The corporation and J. C. Collins pleaded guilty to one count
of violating each different statute charged in the indictment.
04/27/88: The corporation was sentenced to five years probation, and
liable for cleanup costs estimated at $1,300,000. Collins was sentenced to
pay a $200,000 fine, serve 18 months imprisonment, five years
probation, 300 hours community service, pay $14,472.20 restitution to the
State of Alabama Department of Environmental Management and pay
an assessment of $300 to the Crime Victim's Fund.
David Carr
88-CR-36
(N.D.N.Y.)
Facts: Carr is a civilian range maintenance foreman at Ft. Drum
Army Post in Watertown, NY. An estimated 300 five-gallon containers
of waste paints and solvents, used to paint targets, were found dumped
in or near a lagoon on the firing range of the Post.
03/02/88: 43-count indictment charged Carr with 37 counts of negligent
discharge of pollutants, in violation of Clean Water Act, Sees. 30Ha)
and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)J, four counts of
disposal of hazardous waste without a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)], and two counts of failure to
report release of hazardous waste, in violation of CERCLA, Sec. 103(a)
and 0» [42 U.S.C. § 9603(a) and (b)].
10/13/88: A federal district court jury acquitted Carr on 37 counts of
violating the Clean Water Act and four counts of violating RCRA, but
found the defendant guilty of two counts of violating CERCLA, Sees.
103(a) and (b) [42 U.S.C. §§ 9603(a) and (b)].
12/31/88: David Carr was sentenced to pay a $150 fine and serve two
years probation.
07/25/89: The U.S. Court of Appeals for the Second Circuit affirmed the
conviction of David Carr.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Eason & Smith Enterprises, Inc.
CR-88-59-P
(W.D. Okla.)
Facts: Eason & Smith Enterprises is a corporation doing business in
Del City, Oklahoma. The corporation negotiated with officials from
Hollman Air Foijce Base to transport drummed hazardous wastes,
which were transported, mixed, and stored.
03/17/88: One-count information filed charging the corporation with
knowingly transporting and storing hazardous waste without having
status or a permit, in violation of RCRA, Sec.
obtained interim
3008(dX2)(A) [42
Lf.S.C. § 6928(dX2XA)].
The corporate president, Carroll Smith, signed a Petition to Enter
Plea of Guilty to one count charged in the information filed the same
day. :
05/15/88: The corporation was sentenced to pay a $15,000 fine.
Shenango, Inc.
CR-88-58
Nicholas S. Buchko
CR-88-57
(W.D. Pa.)
Facts: Shenangoi Inc. owns and operates a facility on Neville Island,
Pittsburgh, Pennsylvania that produces coke and pig iron using a blast
furnace, coke ovens, and other ancillary equipment. Shenango's
industrial processes discharge wastewater into the Ohio River. F Buchko
is employed by Shenango as an environmental engineer.
03/23/88: Separate informations filed charging Shenango, Inc. with six
counts of negligently and wilfully discharging pollutants into
navigable water of the U.S., in violation of its NPDES permits and
Clean Water ActJ Sees. 301(a) and 309(c)(l) [33 U.S.C. § 1311(a) and
1319(c)(l)]; and Buchko with one count of knowingly submitting false
information in a Discharge Monitoring Report (DMR) submitted to the
Commonwealth of Pennsylvania, in violation of Clean Water Act, Sec.
309(c)(2) [33 U.S.C. § 1319(c)(2)].
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06/13/88: The corporation pleaded guilty to all counts charged and was
sentenced to pay a $100,000 fine and $100 assessment. Defendant
Buchko pleaded guilty to the count as charged and was sentenced to pay
a $10,000 fine and a $25 special assessment.
Ronald C. Shawl
88-7029-M
(N.D. Ohio)
Facts: Shawl is plant manager of Chemical Waste Management, Ohio
Liquid Disposal located in Vickery, Ohio.
03/31/88: One-cojunt information filed charging Shawl with knowing
failure to maintain or submit reports regarding disposal of PCBs, in
violation of TSCA, Sees. 15(3) and 16(b) [15 U.S.C. §| 2614(3) and
26150))].
11/22/88: The c^unt charged against Shawl was dismissed by U.S.
Magistrate James Carr.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Orkin Exterminating Company, Inc.
88-00040
(W.D. Va.)
Facts: Two Orkin Exterminating Company employees pleaded guilty
in State court in 1987 to misuse of Vikane resulting in the deaths of a
couple whose house in Galax, Virginia was fumigated. The State
referred the case against Orkin to the U.S. Attorney's Office.
04/21/88: A five (5) count indictment charged Orkin with failure to
follow Vikane labeling requirements, in violation of FIFRA, Sees.
12(a)(2)(G) and 14 (b)(2) [7 U.S.C. §§ 136j(a)(2)(G) and 1361(b)(2)J.
08/08/88: The company agreed to submit the matter before the judge in
lieu of a jury trial. The company was found guilty of one count of
FIFRA, Sec. 12 (a)(2)(G) [7 U.S.C. § 136j(a)(2)(G)].
1V17/88: The company was sentenced under the old 18 U.S.C. § 3623
(Alternative Fines Act) and the fine was increased because the Judge
found that the violation resulted in deaths. The company was fined
$500,000 ($150,000 suspended), sentenced to 2 years probation, and
ordered to perform 2,000 hours of community service. Sentence stayed
pending appeal.
01/19/89: Appeal dismissed by 4th Circuit per Orkin's request. '
Salvadore Apodaca
CR88-324-VST
(C.D. Cal.)
Facts: Apodaca is the owner and operator of Apodaca and Sons Plating
Co., an electroplating facility located in El Monte, California.
04/25/88: Apodaca pleaded guilty to a ten-count information filed on the
same day. The information charged him with the willful operation of a
point source in violation of a pretreatment standard of CWA, Sees.
307(d) and 309(c)(l) [33 U.S.C. §§ 1317(d) and 1319(c)U)]. The company
was engaged in the practice of discharging wastewater from its plant
into the Los Angeles County sanitary sewer system. This practice was
in violation of EPA categorical pretreatment standards for cyanide,
zinc and other heavy metals.
10/03/88: Apodaca was sentenced to pay a $50,000 fine, five years
probation, and 500 hours of community service.
Spartan Trading Co., Inc.
John H. Biddle
John H. McDonald
Johnny M. Clark
CR-88-007-R
(N.D. Ga.)
Facts: Spartan Trading Co., Inc. is a Georgia corporation engaged in
the business of warehousing and brokering chemicals. The business is
located in Dalton, Georgia. John Biddle was president and owner of
Spartan Trading Co. John H. McDonald was the owner of "McDonald
Farm," also located in Dalton. Johnny Clark was an employee of
Spartan Trading Co. Chemical wastes were transported from Spartan
Trading Co. warehouse and stored and disposed at the McDonald farm.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year11988
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Knowingly transporting hazardous wastes to an unpermitted
facility, in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)]; Spartan Trading Co., Biddle, and Clark - one count •
each. •
Defendant(s}/Docket No./Court
Facts and Status
Spartan Trading Co., Inc.
(cont. from previous page)
Don A. Scruggs, Jr.
CR-1-88-52
(E.D. Tenn.)
04/27/88: The defendants are charged in a four-count indictment as
follows:
Conspiracy in violation of 18 U.S.C. § 371: Spartan Trading Co.,
Biddle, and Clark - one count each.
each.
Knowingly storing and disposing hazardous wastes without having
obtained a permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(2)(A)]: Spartan Trading Co., Biddle, and Clark -
one count each; McDonald - two counts.
Facts: Scruggs was charged in the Eastern District of Tennessee in
connection with the transportation and disposal of hazardous waste in
both Tennessee and Georgia. The information was filed as a result of
additional information gained from the prosecution of the Spartan
Trading Co. case.
05/11/88: Two-count Information was filed and Scruggs pleaded guilty
to both counts charging him with knowingly disposing hazardous
wastes without having obtained a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)<2)(A)].
05/31/88: Defendant Clark pleaded guilty to two counts charged in the
indictment filed on 04/27/88; one count conspiracy [18 U.S.C. § 371] and
one count of violating RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928
(d)(2)(A)]. One count of the indictment was dismissed by the
government [42 U.S.C. § 6928(d)(D] for defendant Clark only.
Clark also pleaded guilty to one count information filed on the same
day. The information charged disposal of RCRA-listed laboratory
waste in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)].
08/18/88: Spartan Trading Co. and John Biddle were convicted of three
counts which were charged in the indictment (04/27/88).
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Defendant John McDonald pleaded guilty to one count of knowing _
unpermitted disposal of wastes into a dry well on McDonald farm, •
in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]. •
07/15/88: Defendant Clark was sentenced to three years imprisonment •
(all suspended), and three years probation. •
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Don A. Scruggs, Jr.
(cont, from previous page)
08/26/88: Defendant John McDonald was sentenced to pay a $1,000 fine,
three years imprisonment (suspended), three years probation, and a $50
special assessment.
08/30/88: Defendant Donald Scruggs, Jr. was sentenced to 90 days
imprisonment, two years probation, a $50 assessment, ordered to pay
restitution of $13,926.18 to the State of Tennessee and EPA, and to pay
restitution of $1,105 to the TVA.
09/30/88: Spartan Trading Company was sentenced to pay a $10,000
fine, $600 special assessment, and pay restitution to EPA for the cost of
cleanup of the site in the amount of $138,265.36.
Defendant John Biddle was sentenced to five years imprisonment [all
but one year suspended] three years probation, $150 assessment and
$500/mo. restitution to EPA for any cost over the estimated cleanup cost
to be paid by Spartan Trading Co.
Taylor Laboratories, Inc.
John H. Taylor, Jr.
CR 1-89-57 and
CR89-18R
(E.D. Tenn.)
CR89-006-R
(N.D. Ga.)
Facts: Related to Spartan Trading Co., Inc., et al. cases.
Taylor Laboratories, Inc. stored reagent chemicals (both RCRA listed
and characteristic wastes) in a warehouse in Chattanooga. The wastes
were found near Chickamauga Lake in Tennessee and in Whitfield
County, Georgia.
05/10/89: Subsequently the corporation and John Taylor, Jr. were each
charged by an indictment filed in the Northern District of Georgia with
the following counts:
Three counts of violating RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(D);
Two counts of violating RCRA, Sec. 3008(d)(2) [42 U.S.C.
§ 6928(d)(2)];
Three counts of violating RCRA, Sec.
§ 6928(d)<5)]; and
3008(d)(5) [42 U.S.C.
One count of conspiracy in violation of 18 U.S.C. § 371.
07/05/89: An information was filed in the Eastern District of Tennessee
charging the corporation and Taylor with one count of knowingly
transporting hazardous waste to an unpermitted facility, in violation of
RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(D], and one count of
knowingly transporting hazardous waste without a manifest, in
violation of RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Taylor Laboratories, Inc.
(cent, from previous page)
08/14/89: Both defendants, the corporation and Taylor, entered guilty
pleas. Under terms of the plea agreement, Taylor and the corporation
waived indictment in Tennessee and agreed to be charged in the
Northern District of Georgia. Taylor and the corporation have both
agreed to pay $13,926.18 restitution to the Tennessee Department of
Health and Envinjnment, and $1,105 to the TVA.
10/24/89: John Taylor, Jr. and his company (Taylor Labs) were
sentenced following their guilty pleas entered on August 14, 1989 in the
Northern District Court of Georgia. The charges filed against the
defendants in the Eastern District of Tennessee and the Northern
District of Georgia were consolidated into the action in the Northern
District of Georgia by a Rule 20 removal.
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The corporation was ordered to pay a $15,000 fine and to pay $15,031.18
restitution (jointly with John Taylor, Jr.).
John Taylor, Jr. ]was sentenced to serve a total of five years and five
days imprisonment (all suspended); to pay a fine of $2,500; to serve
three years probation; and to pay $36,000 in restitution to Superfund (in
addition to the joint restitution with Taylor Labs). Additionally, John
Taylor, Jr. was sentenced to four years imprisonment (all suspended),
and pay a $100 fine for the two counts in the Eastern District of
Tennessee.
Pennwalt Corporation, Inc.
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
CR-88-55T
(W.D. Wash.)
Facts: Pennwalt Corporation, Inc. (hereafter "Pennwalt") is a
corporation incorporated in the Commonwealth of Pennsylvania and
headquartered in Philadelphia, Pennsylvania. Pennwalt is engaged
in the business of manufacturing chemical solutions. Custer was
former corporate^ vice president, Shanahan was president of the
Inorganic Chemical Division, Golinski was manager of the Inorganic
Chemical Division, and High was manager of the Pennwalt Tacoma
Plant. On January 2, 1985, a tank ruptured at the Pennwalt, Tacoma
plant. The tank Contained sodium chlorate solution, a bleaching agent
used in the pulp and paper industry. The plant adjoins the Hylebos
Waterway, a waterway leading into Commencement Bay and then into
Puget Sound.
05/20/88: A six-count indictment was returned against the corporation
and four corporate officers charging each defendant with the following:
Making a fatye statement to U.S. Coast Guard in violation of 18
U.S.C. § 1001: the corporation and High - one count each;
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
DefendanUsj/Docket No./Court
Facts and Status
Pennwait Corporation, Inc.
(cont. from previous page)
Negligent discharge of pollutants from a point source into a
navigable water of the U.S. without having obtained a permit, in
violation of CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 131Ha>
and 1319(c)(l)]: the corporation and High - three counts each;
Custer, Shanahan, and Golinski - one count each;
Negligent discharge of pollutants into navigable water of the U.S.
due to certain valves being left open after the tank ruptured and
causing sodium chlorate solution to enter a nearby drain system,
which drains directly into the Hylebos Waterway, in violation of
CWA, Sees. 301(a) and 309(c)(l)(A) [33 U.S.C. §§ 131 Ma) and
l319(c)(l)(A)]: the corporation and High - one count each;
Failure to notify of the release of a hazardous substance into the
environment, in violation of CERCLA Sec. 103(b)(3) [42 U.S.C.
§ 9603(b){3)]: the corporation and High - one count each.
05/02/89: The corporation entered a guilty plea to four counts of
violating the CWA, and one count of violating CERCLA. The
corporation also agreed to pay a $500,000 fine and to fund an
environmental trust fund for the U.S. Coast Guard in the amount of
$600,000.
05/30/89: Defendant High entered a guilty plea to two counts charged by
an information of violating the CWA, Sec. 309(c)(l) [33 U.S.C.
§ 1319(c)(l)] and one count of violating CERCLA, Sec. 103(b)(3) [42
U.S.C. § 9603(b)(3)3. High was sentenced to pay a $5,000 fine and serve
two years probation.
Central Valley Water Reclamation
Facility Board
88-CR-085W
(C.D. Utah)
Facts: Central Valley Water Reclamation Facility Board (hereafter
"CVWRFB"), operates and is located in Salt Lake City, Utah. The
defendant was also named in a civil action for CWA violations.
05/26/88: Two-count information was filed charging CVWRFB with
making false statements on Discharge Monitoring Reports (DMRs)
and failing to certify on a DMR that the Cottonwood WTP had an
unauthorized bypass of wastewater, in violation of CWA, Sec. 309(c)(2)
[33 U.S.C. § 1319{c)(2)].
On the same day, CVWRFB pleaded guilty to both counts and was
sentenced to pay a $1,000 fine and a $100 assessment to the Crime
Victim's Fund.
Chem-Wood Treatment Co., Inc.
Erie Kitagawa
88-00864
(D. Hawaii)
Facts: Chem-Wood Treatment Company, Inc., is a Hawaii corporation
located in Ewa Beach, Hawaii. The company is engaged in the
business of preservative treatment of wood. Kitagawa was vice
president and general manager of the company.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Chem-Wood Treatment Co., Inc.
(cont. from previous page)
06/02/88: One-count indictment filed charging the company and
Kitagawa with on|e count each of knowingly storing hazardous wastes
(a pesticide-copper chromium arsenate), without having obtained
interim status or ia permit in violation of RCRA, Sec. 3008(d)(2)(A) (42
U.S.C. § 6928 (d)(2)(A)].
06/13/88: The company and Kitagawa pleaded guilty to one count each.
07/25/88: The company was sentenced to pay a $25,000 fine. Kitagawa
was sentenced to pay a $5,000 fine (suspended), two years imprisonment
(suspended), three years probation, and 100 hours of community
service. '
Cuyahoga Wrecking Comp
Leonard Capizzi
Chester F. Reiss, Sr.
James J. Abbajay
Robert S. Torok
88^*97
(C.D. Cal.)
Joseph A. Gross!
88-580
(C.D. Cal.)
Facts: Cuyahoga Wrecking Company is headquartered in Great Neck,
New York and was engaged in the demolition operation at the Kaiser
Steel Plant in Fontana, California. Capizzi was manager of
demolition operations from March 1983 to January 1985. Reiss, Sr. was
manager of demolition operations from February 1985 to June 1985.
Torok was manager of demolition operations from July 1985 to
September 1986.
06/14/88: An eight-count indictment charged the company and four
employees with the following:
The company and four defendants were each charged with one count
of conspiracy to defraud the U.S. EPA and demolish buildings and
structures in violation of emission standards for asbestos
(NESHAP) in,violation of 18 U.S.C. 371.
The company and Abbajay were charged with one count each of
making a false statement in violation of 18 U.S.C. § 1001.
Knowingly demolished and caused to demolish a stationary source
and knowingly caused asbestos to be emitted from a stationary
source in violation of NESHAP standards in violation of CAA Sees.
112(cXlXB) and 113(c)U)(B) [42 U.S.C. §§ 7412(c) and 7413(c)(lXC)]:
the company - three counts; Torok - two counts; Capizzi, Reiss, and
Abbajay * one count each.
Failure to immediately notify the appropriate U.S. Government
agency of the release of a reportable quantity of asbestos in violation
of CERCLA, Sec. 103(bX3) [42 U.S.C. § 9603(b)(3)J: the company -
three counts; Abbajay, Capizzi, and Reiss - one count each.
08/01/88: Grossi was charged by the filing of an information with one
count of violating the Clean Air Act [42 U.S.C. §§ 7412(c)(l)(B) and
7413(c)(lXC)]. Oi|i the same day he pleaded guilty to the same count.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
DefendantCsj/Docket Xo./Court
Facts and Status
Joseph A. Grossi
(cont. from previous page)
10/11/88: The company and four individual defendants pleaded guilty
to the following counts:
Each defendant pleaded guilty to one count of conspiracy, 18 U.S.C.
§371.
The company also pleaded guilty to one count of making a false
statement in violation of 18 U.S.C. § 1001, two counts of violating the
Clean Air Act [42 U.S.C. §§ 7412
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Charles Arcangelo, et al.
(cont. from previous page)
Charles and James Arcangelo were each charged with: two counts
of transportation and harboring of illegal aliens in violation of 18
U.S.C. § 1324(k)(D(B); three counts of mail fraud in violation of 18
U.S.C. § 1341; two counts of racketeering in violation of 18 U.S.C.
§ 1962(c) and (d); one count of sale or receipt of stolen motor vehicles
in violation of 18 U.S.C. § 2313; three counts of interstate
transportation of stolen property in violation of 18 U.S.C. § 2314; one
count of disposal of hazardous waste without a permit in violation of
RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; and one count of
failure to notify of the release of a hazardous substance (mercury)
and release without a permit, in violation of CERCLA, Sec. 103(b)(3)
[42 U.S.C. § 9603
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant! s)/Docket No./Court
Facts and Status
Charles Arcangelo, et al.
(cant, from previous page)
01/17/89: Dennis Champagne entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 U.S.C.
§ 2314;
John Cappella entered a guilty plea to one count of sale or receipt of
stolen motor vehicles, in violation of 18 U.S.C. § 2313.
03/08/89: Robert Veltre was sentenced to five years imprisonment (all
but six months suspended), placed on probation for five years, and
ordered to pay a $10,000 fine and a $50 special assessment.
03/10/89: Marco DeLucia was sentenced to four years imprisonment
(suspended), placed on four years probation, ordered to pay a $2,000 fine,
and a $100 special assessment; and
Antonio DeLucia was sentenced to serve three years on two counts
(to be served consecutively and three years suspended), placed on
probation for four years, ordered to pay a fine of $5,000, and pay a
$100 special assessment.
03/15/89: John Cappella was sentenced to five years imprisonment
(suspended), placed on five years probation, ordered to pay a $25,000 fine
and a $50 special assessment.
03/16/89: Dennis Champagne sentenced to four years imprisonment (to
be served consecutively with sentence imposed in another criminal
conviction), and ordered to pay a $50 special assessment.
03/17/89: Frank DeFelice sentenced to five years imprisonment and
ordered to pay a $50 special assessment.
04/03/89: Roger Boisonneault sentenced to three years probation and
ordered to pay a $100 special assessment.
04/05/89: Nicholas Sciarra entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 U.S.C.
§2314.
04/13/89: Charles Arcangelo was sentenced to serve 12 years
imprisonment (suspended), placed on five years probation, pay a
$200,000 fine ($50,000 to the victims, $23,429.07 to the State of Connecticut
Dept. of Environmental Protection, and the remainder to the Lexington
Insurance Co. of Boston), ordered to forfeit $300,000 worth of computer
equipment, and ordered to pay a special assessment of $100.
04/14/89: James Arcangelo was sentenced to seven years imprisonment
(suspended), placed on five years probation, shares joint and several
liability for restitution and forfeiture imposed in sentence of his
brother, Charles, and ordered to pay a special assessment of $100.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Charles Arcangelo, et al.
(cont. from previous page)
05/31/89: Nicholas Sciarra was sentenced to serve two years
imprisonment (suspended) placed on four years probation, and ordered
to pay a $50 special! assessment.
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William Dee
Robert Lentz
Carl Gepp
HAR-88-0211
(D. Md.)
Facts: Dee, Lentjz, and Gepp are chemical engineers, who hold top
management positions at the Chemical Research Development and
Engineering Center (CRDEC). The CRDEC was the primary tenant
and main activity'at the Edgewood area of Aberdeen Proving Grounds,
a Test and Evaluation Command installation within the U.S. Army
Material Commahd, located in Baltimore and Hartford Counties,
Maryland.
06/28/88: A five-count indictment was filed charging the three
defendants as follows:
One count each for negligent discharge of pollutants, namely
hydro-sulfuric acid, from a point source into Canal Creek, a
navigable water of the U.S. without an NPDES permit in violation of
CWA, Sec. 30 J(a) and 309(c)(D [33 U.S.C. §§ 1311(a) and 1319(c)(l)];
and '
Four counts of knowing unpermitted treatment, storage and
disposal of hazardous wastes in violation of RCRA, Sec.
3008(d)(2)(A) \42 U.S.C. § 6928(d)(2)(A)].
11/29/88: A superseding indictment charged the same counts as the
indictment (see above).
02/23/89: A federal district court jury convicted defendant Dee with one
count of violating RCRA and defendants Lentz and Gepp with three
counts each of violating RCRA. The remaining counts were dismissed.
05/10/89: The three defendants were each sentenced to three years
probation per cojunt (to be served concurrently), and 1,000 hours
community service per count (to be served concurrently) and court
costs.
Shelton Erickson
CR-88-60019-01
(W.D. La.)
Facts: Erickson is president, owner and operator of Erickson Chemical
Company, located in New Iberia, Louisiana. The company's business
involves oil field soaps and degreasers and includes the
manufacturing of corrosive inhibitors, paraffin solvents, scale
inhibitors, etc.
06/29/88: Erickson pleaded guilty to one count information filed on the
same day charging him with unpermitted treatment, storage and
disposal of hazardous waste, in violation of RCRA, Sec. 3008(dX2XA)
[42 U.S.C. § 6928(d)(2)(A)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No.,'Court
Facts and Status
Sheiton Erickson
(cont. from previous page)
08/19/88: Erickson was sentenced to pay a $2,500 fine and placed on two
years probation.
George Seofield Company, Inc.
CR-88-73-FDB
Robert Squyres
CR-88-74-FDB
(W.D. Wash.)
Facts: The George Seofield Company operated a ready-mix concrete
plant in Tacoma, Washington. The plant was located alongside the
Tacoma City Waterway, which leads into Commencement Bay and
then into Puget Sound. Robert Squyres was superintendent (prior to
December 1986) and General Manager (after December 1986) of the
Seofield plant. His duties included overseeing the concrete manufac-
turing operations at the Seofield Tacoma plant.
07/05/88: Two separate informations were filed charging both the
company and Squyres each with two (2) counts of negligently
discharging pollutants, consisting of alkaline wastewaters from
cleaning concrete trucks, into a navigable waterway of the United
States, without having a permit and in violation of an existing NPDES
permit, all in violation of the Clean Water Act, Sees. 301(a) and
309{c)U) [33 U.S.C. I311(a) and 1319(c)(l)].
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07/13/88: The company and Squyres pleaded guilty to two (2) counts
charged to each of them in the informations. The company was
sentenced to pay a $40,000 fine and placed on three years probation.
09/22/88: Defendant Squyres was sentenced to pay a $10,000 fine and
placed on three years probation.
Ronald Rollins
CR-88-10033
(D.Idaho)
Facts: Ronald Rollins used a restricted-use pesticide (Mobay Furadan
4F) in proximity of a waterfowl nesting area and on fields, where
waterfowl fed in a wetland area of the Snake River.
07/11/88: A two-count information was filed charging the defendant
with one count of illegal use of a registered pesticide, in violation of
FIFRA Secs.l2(a)(2XG) and 14(b)(2) [7 U.S.C. §§ 136j(a)(2)(G) and
136I(b)(2], and one count of unlawfully taking migratory birds
(Canadian Geese) in violation of the Migratory Bird Treaty Act [16
U.S.C. §| 703 and 707].
10/17/88: A Federal District Court jury handed down a verdict, which
dismissed one count of violating FIFRA, and convicted Rollins of one
count of violating the Migratory Bird Treaty Act.
10/28/88: Rollins was sentenced to one year imprisonment (all
suspended), and one year probation.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Lee S. Woodside
Gary A. Masson
CR-88-362
(D.N.M.)
Facts: Lee Woodside was vice president of Refining and Marketing for
Plateau, Inc. Gary Masson was manager for Refinery Planning for
Plateau, Inc. Plateau, Inc. was a New Mexico corporation
headquartered in Albuquerque and operated refineries in Bloomfield,
New Mexico and! Roosevelt, Utah. Plateau was in the business of
refining and blenping petroleum products into gasoline and the retail
sale of gasoline. Plateau, Inc. was administratively assessed a civil
penalty of $130,000 by EPA in June 1988.
07/14/88: A threei-count indictment was filed, charging each defendant,
Woodside and Masson, with one count of conspiracy, in violation of 18
U.S.C. § 371, and. two counts of making false statements in reporting
lead usage in the production of gasoline, in violation of 18 U.S.C. § 1001.
09/14/88: A three-count superseding information was filed charging
defendant Masson with one count conspiracy [18 U.S.C. § 371], and two
counts of making {false statements on a report submitted to EPA, "Lead
Additive Report tor Refinery", in violation of The Clean Air Act, Sec.
113(c)(2) [42 U.S.C. § 7413(c)(2)]. On the same day, Masson pleaded
guilty to all three counts charged in the superseding information.
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11/03/88: Masson was sentenced to pay a $3,000 fine.
11/28/88: Defendant Woodside entered a guilty plea to three counts
charged in the superseding information filed on the day the trial was to
begin.
02/10/89: The judge imposed a sentence on defendant Woodside of five
minutes of unsupervised probation.
Commercial Metals Company, Inc.
(d/b/a Karchmer Iron and Metal Co.)
Harold Belcher
James Vermillion
CR-S8-03318-01
(W.D. Mo.)
Facts: Karchmer Iron and Metal Company is a subsidiary of Dallas-
based Commercijal Metals Company, Inc. The company is in the
business of processing scrap metal. James Vermillion was the
manager at the Karchmer plant. Harold Belcher was the office
manager at the Karchmer plant, located in Springfield, Missouri.
07/27/88: A six-count indictment was filed charging the company,
Vermillion, and Belcher with one count each of conspiracy [18 U.S.C.
§ 371]; two counts each of knowingly disposing of hazardous waste
without first obtaining a permit, in violation of RCRA, Sec. 3008(d) [42
U.S.C. § 6928(d)]; one count each of endangerment, in violation of
RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)]; the company and Vermillion
were also chargeo: with one count each unlawful discharge of pollutants
into a navigable waterway of the United States without a permit, in
violation of the Clean Water Act, Sec. 301(a) and 309(cX2) [33 U.S.C.
§5 1311 (a) and 1319(cK2)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant!s)/Docket No./Court
Facts and Status
Commercial Metals Company, Inc.
(cont. from previous page)
02/17/89: The Government dismissed all the CWA counts before the
trial began. A federal district court jury acquitted the Company of
conspiracy, and three RCRA counts, and acquitted VermilUon and
Belcher of conspiracy and the RCRA count charging knowing
endangerment, [42 U.S.C. § 6928(e)]. The jury was hung and the
government dismissed the RCRA counts against the individuals, who
were charged with two counts of illegal disposal without obtaining a
permit, [42 U.S.C. § 6928(d)].
Forms, Inc.
88-00292
Phillip F. Trembley
88-00293
(E.D. Pa.)
Facts: Forms, Inc. is a Pennsylvania corporation located in Willow
Grove, Pennsylvania and engaged in the business of manufacturing
and printing business forms. Phillip Trembley, was a contractor hired
by Forms, Inc. to remove various 55-gallon drums from the Forms, Inc.
facility.
07/28/88: Two separate informations were filed charging both Forms,
Inc. and Trembley with one count of knowingly transporting
hazardous waste to an unpermitted facility in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
08/02/88: Defendant Trembley pleaded guilty to one count information.
08/05/88: The company pleaded guilty to one count information and was
sentenced to pay a $50,000 fine.
09/26/88: Defendant Trembley was sentenced to pay $1,500 fine and
placed on five years probation.
Gardinier, Inc.
88-238-CR-T-17A
(M.D. Fla.)
Facts: Gardinier, Inc. manufactured phosphatic fertilizer solution
{PFS), which contains phosphoric acid and is considered a hazardous
substance. On May 1, 1988, one of the storage tanks, containing PFS,
overflowed and at least 40,000 gallons were discharged into or onto the
shoreline of the Alafia River.
08/03/88: The company pleaded guilty to one count charged in an
information filed the same day. The information charged the company
with one count of discharging a hazardous substance from an onshore
facility into a navigable waterway and failing to immediately notify
the appropriate agency, in violation of section 1321 of the Federal Water
Pollution Control Act [33 U.S.C. § 1321(b)(5)].
10/21/88: Gardinier, Inc. was sentenced to pay a $100,000 fine, serve one
year probation, and to perform other remedial action, as stated in the
plea agreement.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendant(s)/Docket No./Court
Facts and Status
Chase Interiors, Inc.
Kenneth Kaminski
CR-88-119C
(W.D.N.Y.)
Facts: Chase Interiors, Inc. operated an industrial plant located in
Falconer, New York. The company was in the business of constructing
and finishing cabinets and other fixtures used in department stores and
other retail businesses. Kenneth Kaminski was the manager and
direct supervisor of the plant.
08/05/88: A two-C|Ount indictment was filed charging the company and
Kaminski with one count each of conspiracy, in violation of 18 U.S.C.
371; and one count each of knowing and unlawful treatment, storage,
and disposal ofl hazardous waste, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
01/31/89: Kaminski was charged in a superseding information with
one count of failure to notify of the release of a hazardous substance, in
violation of CERCLA, Sec. 103(b) [42 U.S.C.§ 9603(b)].
02/01/89: The company entered a guilty plea to one count of violating
RCRA, Sec. 300£(d)(2)
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
James B. Hellman, et al.
(cont. from previous page)
02/10/89: A superseding information was filed against defendant
Lederman and he pleaded guilty to both counts charged: one count of
making a false statement, in violation of 18 U.S.C. § 1003, and one
count of influencing, in violation of 18 U.S.C. § 1014.
Defendant Hellman pleaded guilty to two counts charged in the
indictment: one count of bribery, in violation of 18 U.S.C. § 666, and
one count of influencing, in violation of 18 U.S.C. § 1014.
03/20/89: Defendant Lederman was placed on three years probation on
each count (to run concurrently); sentenced to pay a $1500 fine, plus a
$50 special assessment to the Crime Victim's Fund, and 150 hours
community service.
03/22/89: Defendant Hellman was sentenced to serve one year and six
months imprisonment, placed on probation for three years, and ordered
to pay a $100 special assessment to the Crime Victim's Fund.
06/20/89: All counts charged against defendant Barry Seldin were
dismissed.
06/23/89: A jury acquitted defendant William Smith on all counts.
Ashland Oil Inc.
88-146
(W.D. Pa.)
Facts: Ashland Oil Inc. is a corporation incorporated in the state of
Kentucky and headquartered in Russell, Kentucky. On January 2,
1988 an oil storage tank, located at Ashland's Floreffe, Pennsylvania
facility, collapsed and caused an excess of 500,000 gallons of oil to spill
into the Monongahela River.
09/15/88: A grand-jury handed down a two-count indictment charging
the corporation with one count of unlawfully discharging refuse (oil)
into a navigable water of the United States without a permit, in violation
Sees. 13 and 16 of the Rivers and Harbors Appropriation Act of 1899 (the
Refuse Act) [33 U.S.C. §§ 407 and 411]; and one count of negligently
discharging pollutants into a navigable water of the United States
without a permit, in violation of the Clean Water Act, Sees. 301(a) and
309(cXD [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
02/07/89: Ashland Oil entered a nolo contendere plea to both counts
charged in the indictment.
03/09/89: Under the Alternative Fines Act (18 U.S.C.§ 3571), the
corporation was sentenced to pay a $2,250,000 fine.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
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Defendants)/Docket No./Court
Facts and Status
Riedel International,
James A. Repman
Ronald E. Summers
CR88-271W
(W.D. Wash.)
Inc.
Facts: Riedel International, Inc. was parent corporation of Pioneer
Construction Materials Co., which operated ready-mix concrete plants
adjacent to Lake Union and the Duwamish River in Seattle,
Washington. Repman was president of Pioneer and Summers was
operations manager.
09/12/88: Riedel International, Inc. entered a guilty plea to six counts
charged in an information which was filed later on September 20, 1988.
09/20/88: A t^n-count information was filed charging Riedel
International Inc. with six counts, Repman and Summers with two
counts each of willfully and negligently discharging waste water into a
navigable water of the United States without an NPDES permit, in
violation of the Glean Water Act Sees. 301(a) and 309(c)(l) [33 U.S.C.
§§ 131 Ha) and 1319(c)(l)].
09/29/89: Defendants Repman and Summers both entered guilty pleas to
both counts charged to each of them in the information.
12/02/88: The defendants were sentenced as follows:
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Riedel International to pay a $150,000 fine, plus $150 assessment to
the Crime Victim's Fund;
Repman to pay a $10,000 fine, serve three years probation, and 150
hours of community service;
Summers to pay a $3,000 fine, serve five days imprisonment, three
years probation, and 150 hours of community service.
Chorine Kasema Mackenzie Nzau
a/k/a Kasema Mackenzie
88-478M
(W.D. Wash.)
Facts: Approximately 300 55-gallon drums, containing suspected
hazardous waste, were found in mini-storage units rented to a
company, Washington Environment Pro-Tech, Inc., owned by Kasema
Mackenzie. The! drums were discovered in the mini-storage units,
located in a complex in Bellevue, Washington because the rent was past
due.
08/26/88: Defendant Kasema Mackenzie was arrested pursuant to a
Federal search warrant. Four separate search warrants were executed
on Mackenzie's car, residence, briefcase, and a second self-storage
warehouse rented by Mackenzie.
09/21/88: A twelve-count indictment was filed charging Mackenzie
with seven counts^ of making false statements, in violation of 18 U.S.C.
§ 1001; four counts of knowingly transporting hazardous waste to an
unpermitted facility, in violation of RCRA, Sec. 3008(dXD (42 U.S.C.
§ 6928(d)(l)]; and one count of knowingly storing waste at a facility
without a permit in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C.
§ 6928(dX2)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No., Court
Facts and Status
Chorine Kasema Mackenzie Nzau
(cont. from previous page)
10/28/88: Mackenzie pleaded guilty to one count of illegal storage of
hazardous waste, in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C.
§ 6928(d)(2)].
12/16/88: Mackenzie was ordered to pay $100,000 restitution for the clean
up costs incurred by EPA, and also sentenced to three years
imprisonment (all but six months suspended), and three years
probation.
John Pozsgai
88-450
(E.D. Pa.)
Facts: John Pozsgai owns a tract of land consisting of wetlands
adjacent to an unnamed tributary of the Pennsylvania Canal, in Bucks
County, Pennsylvania.
09/29/88: A forty-one count indictment was filed charging Pozsgai with
discharging pollutants, including fill material onto wetlands without a
permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(2)(A) [33 U.S.C. §§ 1311(a) and 1319(c)(2)(A)].
12/30/88: Defendant Pozsgai was convicted of forty out of the forty-one
counts charged in the indictment.
07/13/89: Pozsgai was sentenced to pay a $200,000 fine, serve three years
imprisonment on each count (to be served concurrently), five years
probation, including restoration of wetlands, and assessed $2,000 for the
Crime Victim's Fund.
01/12/90: Pozsgai's conviction was upheld in the U.S. Court of Appeals
for the 3rd Circuit.
10/01/90: U.S. Supreme Court refused to review conviction and
sentence.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket N'o./Court
Facts and Status
William N. Bogas
CR-88-282
(N.D. Ohio)
Facts: William Bogas was commissioner of the Cleveland Hopkins
Airport. Bogas was responsible for supervising all activities at the
airport, including the maintenance department, which collected and
disposed of waste generated by the airport.
10/04/88: Bogas was charged in a five-count indictment with three
counts of making false statements, in violation of 18 U.S.C. § 1001; one
count of storage, disposal, and treatment of hazardous waste without a
permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)]; one count for failure to notify of a release of a
hazardous substance in violation of CERCLA, Sec. 103(b)(3) [42 U.S.C.
§ 9603(b)(3)].
05/19/89: Bogas entered a guilty plea to three counts of making false
statements, in violation of 18 U.S.C. § 1001, and one count of violating
CERCLA, Sec. 103(bX3) [42 U.S.C. § 9603(b)(3)].
02/13/90: Bogas was sentenced to serve six months imprisonment in a
home detention program at a cost of $15 a day, to be paid by the defendant
(a total of $2,700); to serve four years probation, serve 1,000 hours
community service, and pay a $100 special assessment to the Crime
Victim's Fund. The sentence and case are being appealed.
12/03/90: The Court of Appeals ruled in favor of government and
reversed sentencing of trial judge. Case will be remanded back to
District Court for resentencing.
Ocie Mills
Carey C. Mills
88-03100-WEA
(N.D. Fla.)
Facts: Ocie and Carey C. Mills own property in Santa Rosa County,
Florida. The property is located in the Spanish Landing Subdivision
and consists of wetlands area adjacent to East Bay.
10/18/88: A six-count indictment was filed charging defendants Ocie
and Carey C. Mills with the following counts:
One count each of unlawfully excavating or causing to excavate a
canal in the navigable waters of the United States (East Bay),
without having obtained a permit from the U.S. Army Corps of
Engineers, in violation of Sees. 10 and 12 of the Rivers and Harbors
Appropriation Act of 1899 [33 U.S.C. §§ 403 and 406]; and
Five counts each of knowingly discharging or causing pollutants to
be discharged into the waters of the United States by placing fill into
wetland areas adjacent to East Bay without a permit in violation of
the Clean Water Act, Sees. 301(a) and 309(c)(2)(A) [33 U.S.C.
15 1311(a) and 1319(c)(2XA)L
01/26/89: Both defendants were convicted of all counts charged in the
indictment.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
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Defendant(s)/Docket No./Court
Facts and Status
Ocie Mills
Carey C. Mills
(cont. from previous page)
04/17/89: Ocie and Carey Mills were both sentenced to serve one year
and nine months imprisonment, serve one year probation, to pay a
$5,000 fine, and a $250 special assessment to the Crime Victim's Fund.
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On the same day, an appeal of the judgment and sentence was filed and
is pending in the U.S. Court of Appeals for the Eleventh Circuit.
John Mastrobuono
88-381
(D.N.J.)
Facts: Mastrobuono was operator-administrator of Caldwell Sewage
Treatment Plant, a wastewater treatment plant, which serves six Essex
County, New Jersey municipalities.
10/21/88: An 18-count indictment was filed charging Mastrobuono with
eighteen (18) counts of making false statements by submitting false
reports to EPA and the New Jersey Department of Environmental
Protection, in violation of 18 U.S.C. § 1001.
12/08/88: The defendant entered a guilty plea to one count of making a
false statement.
01/23/89: The defendant was sentenced to pay a $2,000 fine, to serve one
year imprisonment, and three years probation.
Transit Mix Concrete Company, Inc.
88-CR-289
(D. Colo.)
Facts: Transit Mix Concrete Company, Inc. operates a cement plant,
located in Colorado Springs, Colorado. Transit Mix is a subsidiary of
Chicago-based Continental Materials Corp.
10/24/88: An information was filed charging the company with one
felony count of knowingly discharging pollutants without a permit
from a point source into navigable waters of the United States, in
violation of the Clean Water Act, Sec. 309(c)(2)(A) [33 U.S.C.
§ 1319(c)(2)(A)]. The charge resulted from the company's dumping of
concrete wastewatjer and solids, including calcium hydroxide, a highly
corrosive agent used in cement mixing, into Shocks Run. This stream
runs into Fountain Creek, a tributary of the Arkansas River.
11/07/88: The company pleaded guilty to one count as charged in the
information.
The company was sentenced to pay a $500,000 fine (all but $50,000
suspended), to serve five years probation, and to spend $55,000 on a
community service project such as improving hiking trails along
the river as suggested by the judge.
Progressive Oil Company
CR-88-324
(D. Mass.)
Facts: Progressive Oil Company, located in Gloucester, Massachusetts,
is in the business pf selling and delivering heating oil.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant!s)/Docket No./Court
Facts and Status
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Progressive Oil Company
(cont. from previous page;
11/10/88: An indictment charged the company with one count of
negligent discharge of a pollutant (gasoline) into the sewer system and
publicly owned treatment works, which a reasonable person would have
known could cause personal injury and property damage, in violation
of CWA, Sec. 309(c)(l)(B) [33 U.S.C. § 1319(c)(l)(B)].
The indictment alleges that gasoline contaminated with water was
pumped into a drain on the company property. This drain was
connected with the town of Gloucester's sewer system. After the
discharge, an explosion occurred causing manhole covers to be hurled
into the air, and also the evacuation of downtown Gloucester.
09/11/89: The company entered a nolo contendere plea (which has the
same legal effect as a guilty plea), to the count charged in the
indictment.
11/17/89: The company was sentenced to pay $21,718.49 to the city of
Gloucester and was placed on probation for three years. Leonard
Linquata, the treasurer of Progressive Oil, will serve three years
probation on behalf of Progressive Oil.
William E. Willey
88-00518
(E.D. Pa.)
Facts: Willey was one of two owners and operators of Apache Waste Oil
Company, located in Conshohocken, Pennsylvania. Apache Waste Oil
Company was in the business of collecting and selling waste oil.
12/06/88: An information was filed charging Willey with one count of
knowingly transporting hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)].
01/05/89: Defendant Willey pleaded guilty to one count charged in the
information.
01/18/89: Willey was sentenced to one year probation and ordered to pay
a $1,000 fine and court costs.
Stephen L. Johnson
Country Estates Investment, Inc.
88-03495-01/02 CR
(W.D. Mo.)
Facts: Country Estates Investment, Inc. owns Colony Cove Mobile
Home Park in Springfield, Missouri. Stephen L. Johnson was
president of Country Estates Investments, Inc. Wastewater generated
by the mobile home park was treated in a lagoon on the premises. When
the Missouri Department of Natural Resources issued a waste water
discharge permit, a provision stated that when sewer lines of the City of
Springfield were available that the mobile home park's wastewater
collection system would have to be connected.
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
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Defendant(s)/Docket No./Court
Facts and Status
Stephen L. Johnson
Country Estates Investment, Inc.
(cont. from previous page)
12/20/88: A gr^nd jury returned a one-count indictment against
Stephen Johnson and Country Estates Investment, Inc. charging each
with knowingly discharging pollutants from a point source into
navigable waters) of the United States without obtaining an NPDES
permit in violation of the Clean Water Act, Sees. 301(a) and 309(c)(2)
[33 U.S.C. §§ 1311(a) and 1319(c){2)].
10/17/90: Judgment of the district court in this cause was affirmed by the
U.S. Court of Appeals - Eighth Circuit.
01/03/89: Defendant Johnson and the company both pleaded guilty to one
count charged in the indictment.
03/31/89: The company was sentenced to pay a $35,000 fine and $200 to
the Crime Victim's Fund. Johnson was sentenced to pay a $2,500 fine
and $25 to the Crime Victim's Fund, serve five months imprisonment,
and one year probation.
09/2V90: Appeal filed from U.S. District Court for W.D. Missouri to 8th
Circuit Court of Appeals No. 89-2753.
10/17/90: Judgment of the district court in the case was affirmed by the
U.S. Court of Appeals - Eighth Circuit.
Facts: The Bill Walters Cos. was the developer behind the Galleria
Project, a defunct plan to build a large shopping mall in Denver,
Colorado.
12/22/88: The company was charged in an information with one count
of willfully discharging fill material into a wetland without a permit,
in violation of the CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 131 l(a)
and 1319(cKl)].
On the same day, the company pleaded guilty to the count charged.
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02/07/89: The company was sentenced to pay a $15,000 fine.
The Bill L. Walters Companies
88-CR-375
(D. Colo.)
Gregory Boone
Michael D'Avocato
Alex Feinman
88-543
(E.D. Pa.)
Facts: Feinman entered into contracts for HMC Recycling Corp. Boone
and D'Avocato were truck drivers for HMC Recycling Corp., located in
Philadelphia, Pennsylvania. The company was in the business of
scrap metal recycling, demolition, and asbestos removal. D'Avocato
was arrested on January 26, 1989. Boone was arrested on February 12,
1989 and again on March 28,1989.
12/29/88: Defendants D'Avocato, Boone, and Feinman were indicted in
a five-count indictment. They were each charged with the following:
One count of cpnspiracy, in violation of 18 U.S.C. § 371
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(sj/Docket No..Court
Facts and Status
Gregory Boone, et al.
(cont. from previous page;
Two counts of knowingly disposing asbestos in an unpermitted
facility in violation of the Clean Air Act, Sees. 112(c)(l)(B) and (e),
and 113(c)(l)C) [42 U.S.C. §§ 7412(c)(l)(B), 7412(e), and 7413
(O(IXC)]
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Scott McKiel
John Shepardson
1 David Boldt
89-29-N
(D. Mass.)
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Two counts for failure to notify of a release of a hazardous
substance, in violation of CERCLA Sees. 102(b) and 103(b)(3) [42
U.S.C. §§ 9602(b) and 9603(b)(3)].
01/20/89: Alex Feinman entered a guilty plea to one count of conspiracy
(18 U.S.C. § 371) and the remaining counts against him were
dismissed.
04/24/89: Boone pleaded guilty to two counts of violating the CAA.
04/28/89: D'Avocato was acquitted on all five counts after a trial.
05/12/89: Feinman was sentenced to one year imprisonment.
06/16/89: Boone was sentenced to serve one year imprisonment, and
five years probation.
Facts: Astro Circuit Corporation owned and operated an electroplating
facility located in Lowell, Massachusetts. Astro Circuit Corp.
employed:
Robert McKiel as President of Astro Circuit,
Scott McKiel as Vice President,
John Shepardson as Waste Treatment Consultant, and
David Boldt as Chemical Process Engineering Manager
The facility discharged wastewaters into the City of Lowell's
wastewater treatment plant, which discharges into the Merrimack
River. Other wastewater was discharged from the Lowell facility
directly into River Meadow Brook, a tributary of the Concord River,
which is a tributary of Merrimack River. Astro Circuit's Lowell plant
manufactured printed circuit boards. The wastewater, generated by
Astro Circuit's industrial processes, contained toxic metals such as
copper, lead, and nickel
01/31/89: A 52-count indictment was filed charging:
Willful and negligent discharge of pollutants (toxic metals) from
point sources, pipes, into a navigable water of the U.S., the River
Meadow Brook, a tributary of the Merrimack River, without an
NPDES permit, in violation of the CWA, Sees. 301(a) and 309(c)(l)
[33 U.S.C. §§ 1311(a) and 1319(c)(l)]: Robert - ten counts, and
Shepardson • three counts;
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
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Defendant(s)/Docket No./Court
Facts and Status
Robert McKiel, et al.
(cent, from previous page)
Knowingly discharging pollutants from a point source into
navigable water of the U.S., without a permit, in violation of the
CWA, Sees. 301(a) and 309(c)(2) [33 U.S.C. §§ 1311(a) and
1319(c)(2)]: Robert - six counts, Scott - six counts;
Willful and n
?gligent discharge of pollutants (wastewaters) into a
publicly owned treatment works (POTW) in violation of
pre treatment
309(c)U) [33
standards and the CWA, Sec. 307(b) and (d), and
.S.C. §§ 1317(b) and (d), and 1319(c)(l)]: Robert - eight
counts, Scott - one count;
Knowingly discharging of pollutants (wastewaters), into a POTW,
in violation of pretreatment standards and the CWA, Sees. 307(b)
and (d), and 309(c)(2) [33 U.S.C. §§ 1317(b) and (d), and 1319(c)(2)j:
Both Robert and Scott - twenty-three (23) counts, and Boldt - fourteen
counts;
Knowingly storing listed hazardous wastes (wastewater treatment
sludges), for a period longer than 90 days without a permit or
interim status, in violation of RCRA, Sees. 3005 and 3008(d)(2)(A)
[42 U.S.C. §§ 6925 and 6928(d)(2)(A)J: Robert - four counts and Scott -
one count.
05/04/89: Defendant Shepardson entered a guilty plea to one count of
violating the CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1301(a) and
1319(c)(l}]. He was sentenced on the same day to serve six months
probation, and to pay $25 to the Crime Victim's Fund.
05/12/89: Defendants Robert and Scott McKiel entered guilty pleas to the
following counts:
Both Robert and Scott to three counts of violating the CWA, Sees.
301(a) and309(c)(2) [33 U.S.C. §§ 1311(a) and 1319(cX2)];
Both Robert and Scott McKiel to eight counts of violating the CWA,
Sees. 307(b) and (d), and 309{c)(2) [33 U.S.C. §§ 1317(b) and (d), and
1319(cX2)];
Robert to one count of violating RCRA, Sees. 3005 and 3008(d)(2)(A)
[42 U.S.C. §§ 6925 and 6928(d)(2)(A)].
06/29/89: Defendants Robert and Scott McKiel were sentenced as
follows: ;
Robert: to serve one year imprisonment (all but four months
suspended), sorve two years probation, and pay $600 to the Crime
Victim's Fund.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No., Court
Facts and Status
Robert McKiel, et al.
(cent, from previous pagej
89-0024-04-S
Scott: to serve nine months imprisonment (all but three months
suspended), serve two years probation, and pay $500 to the Crime
Victim's Fund.
03/06/90: Defendant Boldt was convicted by a federal jury on two counts
of knowingly violating the CWA, 33 U.S.C. 1319(c).
03/09/90: Boldt was sentenced to serve 24 hours imprisonment on each of
two counts to run consecutively, and was ordered to pay $100 to the Crime
Victim's Fund.
06/20/90: Defendant Boldt filed an appeal.
William W. Windham
CR-1-89-00001
(N.D. Tex.)
Facts: William Windham was Superintendent of Utilities for the City
of Big Spring, Texas Sewage Treatment facility.
02/10/89: Defendant Windham was charged by an information filed
with five counts of making false statements on Discharge Monitoring
Reports (DMRs) in which the defendant stated that the discharges from
the Big Spring Waste Water facility were in compliance with NPDES
permit in violation of the CWA, Sec. 309(c)(2) [33 U.S.C. § 1319
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
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Facts and Status
of kr
A-l Disposal Corporation
Richard D. Shumaker
(cont. from previous page)
One count of knowingly transporting hazardous wastes without a
manifest, in violation of RCRA, Sec. 3008(d)(5) [42 U.S.C.
§ 6928(d)(5)].
04/21/89: Both defendants entered a plea agreement and pleaded guilty
to one count of violating RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)U)].
All the other counts were dismissed.
07/31/89: Both defendants sentenced jointly to pay a $200,000 fine, pay
the generators $90,
000 restitution, pay $11,202 in restitution to Michigan
$200 to the Crime
Department of Natural Resources, serve three years probation, and pay
victim's Fund.
General Wood Preserving ~1"1
89-6-CR-7
(E.D.N.C.)
Steven Michael Hutchison
90-18-01-CR7
(E.D. N.C.)
Stanley Winborne, Jr.
90-19-01-CR-7
(E.D. North Carolina)
Facts: General Wood Preserving owns and operates one of the largest
wood treating operations in North Carolina. The company
manufactures such products as wooden utility poles. The plant is
located in Leland, North Carolina.
02/15/89: The company waived indictment and pleaded guilty to an
information charg
chromium, creoso
ng General Wood Preserving Company with one
count of knowingly disposing hazardous wastes, namely arsenic,
te, and pentachlorophenol, without a permit in
violation of RCRA, Sec. 3008 (d){2)(A) [42 U.S.C. § 6928(d)(2)(A)J.
On the same day, the company was sentenced and ordered to pay a
$150,000 fine (less $50,000), pay administrative penalties assessed by the
North Carolina Department of Human Resources, placed on three years
probation, assessed $200 for the Crime Victim's Fund, and ordered to
publish apologies in local newspapers.
Facts: Defendant Hutchison was employed at the General Wood
Preserving Company, Inc. plant in Leland, North Carolina. The
company manufactures products such as wooden utility poles.
06/11/90: Defendant waived indictment and pled guilty to an
information charging him with one count of knowingly disposing of
hazardous waste namely arsenic, chromium, creosote, and
pentachlorophenol without a permit in violation of RCRA Sec.
3008(dX2XA) [42 U.S.C. § 6928(d)(2)(A)j.
Facts: Stanley Winborne Jr. was president of General Wood
Preserving Company and owner of one-third of the company's stock.
06/12/90: Winborne had ordered and supervised company employees in
unlawful burial of several thousand gallons of wood treatment and
waste on the company property. He was charged with a two-count
indictment for conspiring to violate the Resource Conservation and
Recovery Act and illegal disposal of hazardous waste (18 U.S.C. 371 and
42 U.S.C. 6928(d)(2)(A).
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Stanley Winborne, Jr.
(cont. from previous page)
09/04/90: Steven Michael Hutchison was sentenced to 3 years probation,
300 hours community service in the environmental line, $10,000 fine
and $50 special assessment.
11/26/90: Stanley Winborne, Jr. was convicted by a federal jury on a
two-count indictment charging disposal of hazardous waste without a
permit in violation of RCRA and conspiracy to violate provisions of
RCRA.
03/25/91: Winborne was sentenced to pay a fine in the amount of $5,000
with a special assessment of $100, thirty days imprisonment, and three
years of probation.
Bridgeport Wrecking Compary. Inc.
Thomas Capozziello
N-89-12-WWE
(D. Conn.)
Facts: Capozziello was president, treasurer, and chief operating officer
of Bridgeport Wrecking Co., Inc. Bridgeport Wrecking Co. was in
charge of the demolition of Knudsen Dairy, which was located in a
residential area in North Haven, Connecticut.
03/01/89: A four-count indictment was filed charging both Capozziello
and the company with:
One count of knowingly emitting an air pollutant (friable asbestos)
from a stationary source, and doing so without providing notice to
EPA, in violation of the Clean Air Act, Sees. 112(c)(l)(B) and (e)(5),
and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B) and (e)(5), and
7413(c)(l)(C)], and 40 CFR § 61.146; and
Three counts of knowingly emitting air pollutants (asbestos) from a
stationary source and in doing so without:
First removing the friable asbestos materials before demolition
in violation of the CAA (see same citations as charged in CAA
count above); and Title 40 Code of Federal Regulations,
Sec. 61.147(a);
Adequately wetting the friable asbestos materials when they
were being removed, in violation of the CAA (see same citations
as charged in CAA count above), and 40 CFR § 61.147(c); and
Adequately wetting the friable asbestos materials to ensure that
they remain wet until they were collected for disposal, in
violation of the CAA (see same citations as charged in CAA
count above) and 40 CFR § 61.147(e)(U
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
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Defendant(s)/Docket No./Court
Facts and Status
Bridgeport Wrecking Company, Inc.
(cont. from previous page)
12/15/89: Bridgeport Wrecking Co. was convicted of violating two
counts of the CAA, Sec. 113(c)(l)(C) (42 U.S.C. § 7413(c)(l)(C)l, and one
count of CAA, SecJ 113 (e)(l)(5) [42 U.S.C. § 7413(e)(l)(5)]. The company
was acquitted on the remaining count. Defendant Capozziello was
convicted on one caunt of violating the CAA, Sec. 113(c)(l)(C) [42 U.S.C.
§ 7413(c)(l)(C)j and was acquitted on all other counts as charged in the
indictment.
03/16/90: After a trial, a verdict was entered finding Bridgeport
Wrecking guilty of three counts of violating the CAA, and Thomas
Capozziello guilty on one count of violating the CAA, all counts in
violation of the CAA, Sees. 112(c)(l)(B), and (e)(5), and 113(c)(l)(C) [42
U.S.C. §§ 7412(c)(l)(B) and (e)(5), and 7413(c)(l)(C)]; and 40 CFR
§§ 61.146, and additionally 40 CFR §§ 61.147(c) and (e)(l) on the
company counts.
Capozziello was found not guilty on three counts of violating the
CAA. The company was found not guilty on one count of violating
the CAA.
On the same day, both the defendants were sentenced: the company
was sentenced to pay a $40,000 fine on each of three counts (fines are
concurrent); ar d Thomas Capozziello was sentenced to pay a $10,000
fine as a special condition of three years probation, and ordered to
serve one year imprisonment (all but three months suspended), and
pay a $25 special assessment to the Crime Victim's Fund.
Vanderbilt Chemical Corp.
N-89-16
Henry Baer
N-89-15
(D. Conn.)
Facts: Vanderbilt Chemical Corp. manufactures chemical products at
an industrial site located in Bethel, Connecticut. The company has
owned and operated that site since 1948. Henry Baer was plant
manager of the Bethel facility from 1978 to 1986, and was vice president
from 1981 to 1986. His duties included overseeing the lawful disposal of
chemical waste materials generated at the site.
03/08/89: The company and Baer each waived indictment and pleaded
guilty to the following counts charged by an information:
The companyj was charged with two counts of making false
statements in violation of 18 U.S.C. § 1001; and with one count of
knowingly disposing of hazardous waste (sulphuric acid) without a
permit in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)].
Defendant Baer was charged with one count of making a false
statement in violation of 18 U.S.C. § 1001.
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
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Vanderbilt Chemical Corp,
(cont. from previous page)
05/31/89: Defendant Baer was sentenced to pay a $10,000 fine, serve
three years imprisonment (all suspended), placed on three years
probation, perform 300 hours community service, and pay $50 to the
Crime Victim's Fund.
06/02/89: The corporation was sentenced to pay a $1,050,000 fine
($500,000 suspended), $500,000 in restitution to the State of Connecticut,
serve two years probation, and pay $400 to the Crime Victim's Fund.
Lawrence Ostler
CR89-107W
(W.D. Wash.)
Olympus Terrace STP
CR-89-111W
(W.D. Wash.)
Facts: Lawrence Ostler was superintendent of the Olympus Terrace
Sewage Treatment Plant (STP), and Assistant District Manager of the
Olympus Terrace Sewer District. Ostler was responsible for the
operations of the plant, located in Mukilteo, Washington.
04/05/89: An information was filed charging Ostler with one count of
willfully discharging pollutants from a point source into Puget Sound, a
navigable water of the United States, without having obtained an
NPDES permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)U)].
04/14/89: Defendant Ostler pleaded guilty to the count as charged in the
information.
07/25/89: Ostler was sentenced to pay a fine of $5,000, placed on three
years probation, and perform 250 hours of community service.
Facts: Olympus Terrace STP is located in Mukilteo, Washington near
Puget Sound.
04/13/89: An information was filed charging Olympus Terrace STP
with two counts of willfully discharging pollutants into navigable
waters of the U.S. without an NPDES permit, in violation of the CWA,
Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 131 l(a) and 1319(c)(l)].
04/19/89: The company pleaded guilty to two counts as charged in the
information.
06/23/89: The company was sentenced to pay a fine of $25,000 and placed
on probation for three years.
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Valmont Industries, Inc.
Jack R. Hawk
Duane Prorok
CR-89-048
(D. Neb.)
Facts: Valmont Industries operated a facility in Valley, Nebraska
which manufactured steel products such as Sight poles and irrigation
systems. Jack Hawk was an employee of Valmont Industries, and was
responsible for environmental compliance at the facility. Duane
Prorok was also employed by Valmont and was manager of the
wastewater treatment plant which treated galvanizing wastewater.
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Facts and Status
Valmont Industries, Inc.
(cont. from previous page)
04/10/89: The defendants waived indictment and a three-count
information was filed charging:
Valmont Industries with two counts of making a false statement in
a DMR and knowingly rendering a monitoring method inaccurate
in violation of'the CWA, Sec. 309(c)(4) [33 U.S.C. § 1319(c)(4)]
Jack Hawk with one count of making a false statement on a DMR in
violation of the CWA, Sec. 309(c)(4) [33 U.S.C. § 1319(c)(4)].
Duane Prorok with one count of knowingly rendering a monitoring
device inaccuifate, in violation of the CWA, Sec. 309(c)(4) [33 U.S.C.
§ 1319(c)(4)].
On the same day (04/10/89), each defendant pleaded guilty to all counts
charged to them in the information.
06/26/89: Valmont Industries was sentenced to pay a fine of $450,000 (all
but $150,000 suspended conditional to terms of having no other
environmental violations), a public apology to be published in the
Omaha World Herald, pay court costs of $70 and $100 to the Crime
Victim's Fund.
Defendant Prorok was also sentenced to pay a fine of $500, and court
costs of $35, tjo serve two years probation, and pay $25 to the Crime
Victim's Fund.
06/29/89: Defendant Hawk was sentenced to pay a fine of $1,000, court
costs of $70, $50 to the Crime Victim's Fund, and serve one year
probation.
Pollution Control Industries of
America, Inc.
Kevin P. Prunsky
HCR-89-24
(N.D. Ind.)
Facts: Pollution Control Industries of America Inc. (hereinafter
"P.C.I.A."} was authorized by having RCRA interim status to
transport, treat, and store hazardous waste. Kevin P. Prunsky was the
president of P.C.I.A. The corporation did business in Indiana and
Illinois. The business was based in Chicago, Illinois.
04/11/89: On th,e same day, defendants P.C.I.A. and Prunsky were
charged by an information filed and also signed petitions to "Enter A
Plea of Guilty.": Both defendants were charged with two counts of
making false statements regarding the transportation and disposal of
hazardous wastes from a bankrupt steel mill in Chicago to a site in
Winona, Texas. The false statements were made in violation of 18
U.S.C. 9 1001.
Both defendants entered guilty pleas to each count charged to them.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
Pollution Control Industries of
America, Inc.
(cont. from previous page)
06/23/89: Defendant Prunsky was sentenced to pay a $100 fine and
serve four years probation, perform 500 hours of community service,
and pay $100 to the Crime Victim's Fund. The corporation was
sentenced to pay a $200,000 fine (all but $50,000 suspended), serve five
years probation, and pay $400 to the Crime Victim's Fund. Both
defendants are required by terms of their probation, to jointly pay
$53,888.94 in restitution to the United States of America.
Sherman Smith
CR-89-205S
(W.D. Wash.)
Facts: Sherman Smith operates vessels and owns the Seawall
Construction Company, on Vashon Island, Washington. The company
constructs bulkheads and seawalls.
04/12/89: Smith was charged by a criminal complaint with one count of
knowingly and negligently discharging pollutants from a point source
(a vessel), into a navigable waterway (Puget Sound) without having
obtained an NPDES permit, in violation of the CWA, Sees. 301(a) and
309(c)(l)(A), (cX2XA) [33 U.S.C. §§ 1311(a) and 1319(c)(l)(A), (c)(2)(A)];
and one count of discharging refuse (oily wastewaters from vessel
bilges), from a vessel into Puget Sound, without having obtained a
permit, in violation of the Rivers and Harbors Appropriations Act,
Sees. 13 and 16 [33 U.S.C. §§ 407 and 411].
08/18/89: Defendant Smith entered a guilty plea to one count of violating
the Rivers and Harbors Appropriations Act of 1899, Sees. 13 and 16 [33
U.S.C. §§ 407 and 411]. The other count was dismissed.
01/02/90: The defendant was sentenced to serve 30 days imprisonment
at a work release facility, followed by one year of supervised release
(probation) and ordered to pay a fine of $2,000, which may be reduced for
every dollar contributed to an agency or institution involved in
environmental cleanup.
Plaza Health Laboratories, Inc.
Geronimo Villegas
CR-89-00338
(E.D.N.Y.)
Facts: Plaza Health Laboratories, Inc. ("Plaza") is a medical lab
located in Brooklyn, New York. It is engaged in the examination of
specimens for the diagnosis and treatment of human diseases.
Geronimo Villegas is the vice president of the company.
05/17/89: The company and Geronimo Villegas were both charged in an
indictment with the following:
One count of knowingly discharging pollutants (51 vials of human
blood, bearing identification numbers) from a point source into
navigable water of the U.S., namely the Hudson River and New
York Bay, without a permit and in violation of the CWA, Sees.
301(a) and 309(c)(2) [33 U.S.C. §§ 1311(a) and 1319(c)(2)J; and
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Defendant*s)/Docket No./Court
Facts and Status
Plaza Health Laboratories, Inc.
(cont. from previous page)
One count of knowingly discharging pollutants (51 glass vials
containing human blood infected with the hepatitis virus), from a
point source into navigable waters of the U.S. and thereby placing
another person in imminent danger of death or serious bodily
injury, in violation of the CWA, Sees. 301(a) and 309(c)(3) [33
U.S.C. §§ 131 l(a) and 13l9(c)(3)].
11/14/90: Superseding indictment was filed charging defendants with
CWA violations - discharging a pollutant (medical waste) into waters M
of U.S. - 33 U.S.Q. 1311(a) and 1319(c)(2)&(3). •'
12/13/90: Claims against Plaza Health Laboratories were severed from •
Villegas. Action against Plaza Health Laboratories will not proceed at •
time of trial of VSllegas.
01/31/91: Trial iof Villegas resulted in a conviction on four felony •
counts of CWA violations ~ two counts of knowing endangerment [33 *
U.S.C. 1319(c)(3)] and two counts of knowing discharge [33 U.S.C.
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NIBCO, Inc.
89-CR-164
(D. Colo.)
Facts: NIBCO, Inc. is a corporation licensed to do business in the State
of Colorado.
05/26/89: The corporation waived indictment and entered a not guilty
plea to an information charging the corporation with one count of
knowingly storing a listed hazardous waste (1,1,1-trichloroethane, a
spent halogenated solvent) without a permit, in violation of RCRA, Sec.
3008(d)(2XA) [421J.S.C. § 6928(d)(2)(A)].
06/28/89: The corporation changed its original plea to guilty, to the count
charged in the information.
07/28/89: The corporation was sentenced to pay a $10,000 fine.
Sellen Construction Co., Inc.
Gary Rager
CR-89-162-W
(W.D. Wash.)
Facts: Sellen Construction Co., Inc. is a corporation headquartered in
Seattle, Washington. The corporation was engaged in the business of
construction and remodeling the Fisher Flour Mills facility located
near and partially over the Duwamish River. The Duwamish River is
a waterway leading into Elliott Bay, Seattle, and then into Puget Sound.
Gary Rager was the on-site superintendent.
05/30/89: An information was filed charging the corporation and Rager ,
with the following: ft
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Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
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Sellen Construction Co., Inc.
(cont. from previous page)
The corporation and Rager with two counts of negligently
discharging pollutants from a point source into a navigable water of
the U.S., without an NPDES permit and in violation of the CWA,
Sees. 301(a) and 309(c)(l)(A) [33 U.S.C. §§ 1311(a) and 1319
On the same day, the corporation entered a plea of guilty to both
counts.
06/02/89: Defendant Rager entered a plea of guilty to both counts.
06/12/89: Sellen Construction was sentenced to pay a $100,000 fine fall
suspended), serve six months probation, and pay $50,000 to an
Environmental Trust Fund, which the Seattle YMCA is the trustee and
will use the fund: to purchase and modify a hazardous waste collection
facility, to help expand the household hazardous waste collection
program, and to expand that collection program to include collection of
hazardous wastes generated by small business.
09/27/89: Rager was sentenced to pay a fine of $1,000, serve three years
probation, and perform 200 hours of community service.
Finishing Corp. of America, Inc.
John W. Rutana
Richard J. Fiorini
John C. Barnes
89-CR-0158
(N.D. Ohio)
Facts: John Rutana, Richard Fiorini, and John Barnes are owners in
Finishing Corp. of America, Inc. John Rutana was the corporation's
president; John Barnes was the plant manager, and Richard Fiorini
was the Secretary-Treasurer while holding the position of Health
Commissioner for the City of Campbell, Ohio. The corporation was
engaged in the business of anodizing aluminum, a process in which
metallic surfaces are electrolytically coated with a protective oxide.
05/31/89: A forty (40) count indictment was filed charging the
defendants with the following counts:
Corporation, Rutana, and Barnes with 18 counts each of knowingly
discharging pollutants into a POTW in violation of pretreatment
standards and the CWA, Sees. 307(d) and 309(c)(2)(A) [33 U.S.C.
§§ 1317(d) and 1319(c)(2)(A)];
Corporation, Rutana, and Barnes with two counts each of knowingly
discharging pollutants into a POTW and thereby knowingly
placing the workers at the POTW in imminent danger of death or
serious injury, in violation of the CWA, Sees. 307(d) and 309(c)(l)
[33 U.S.C. §§ 1317(d) and 1319(cX3)];
Fiorini with 18 counts of negligent discharge of pollutants into a
POTW in violation of pretreatment standards and the CWA, Sees.
307(d) and 309(cXD [33 U.S.C. §§ 13l7(d) and 1319(cXD]; and
Rutana with two counts of making false statements in violation of
18 U.S.C. § 1001.
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
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DefendantsVDocket No./Court
Facts and Status
Finishing Corp. of America, Inc.
(cont. from previous page)
09/28/89: Fiorini pleaded guilty to 18 counts and Barnes pleaded guilty
to 17 counts (charged in a superseding information) of the the same
violations of negligent discharges into a POTW in violation of
pretreatment standards for acidity and the CWA, Sec. 309(c)(l)(A) [33
U.S.C. § 1319(c)(l)(A)].
10/02/89: The corporation and defendant Rutana pleaded guilty to 18
counts of violating the CWA, Sees. 307(d) and 309(c)(2)(A) [33 U.S.C.
§§ 1317(d) and 1319(c)(2)(A)].
03/02/90: The defendants were sentenced as follows:
Finishing Corp. of America was ordered to pay a $108,000 fine and a
$900 special assessment to the Crime Victim's Fund.
John Rutana was sentenced to pay a $90,000 fine and a $900 special
assessment, and ordered to serve five years probation and 1,000
hours of community service.
R. J. Fiorini was sentenced to pay a $51,000 fine and a $425 special
assessment; and ordered to serve five years probation.
John Barnes was sentenced to pay a $42,500 fine and a $425 special
assessment and ordered to serve five years probation.
03/14/90: U.S. Attorney's Office, N.D. Ohio, filed an appeal re: the
sentence handed down. This appeal was filed due to the courts deviation
from the Federal sentencing guidelines which would have required jail
time for the defendants.
05/17/91: Court of Appeals upheld government. Case is being remanded
back to lower court for sentencing.
Wells Metal Finishing, Inc.
John Wells
CR89-0144-N
(D. Mass.)
Facts: John Wells is president and sole owner of Wells Metal
Finishing Incorporated, which has a facility located in Lowell,
Massachusetts. The company is engaged in the business of plating
metals, such as chromium and zinc, onto computer components.
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06/01/89: The company and Wells were each charged in an indictment
filed charging them with 19 counts of knowingly discharging
pollutants (wastewaters) from the facility into the City of Lowell POTW,
which in turn discharges into the Merrimack River, in violation of
pretreatment standards and the CWA, Sees. 307(b) and (d), and
309(c)(2XA) [33 U.S.C. §§ 1317(b) and (d), and 1319(c)(2)(A)J, and 40
CFR Sec. 433.17.
12/14/89: Defendants John Wells and Wells Metal Finishing,
were convicted on all counts.
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendants;/Docket No..'Court
Facts and Status
^ Wells Metal Finishing, Inc.
• (cont. from previous page)
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03/22/90: Defendant John Wells was sentenced to serve one year and
three months imprisonment and ordered to pay a $60,000 fine. Wells
Metal Finishing, Inc. which is bankrupt, was ordered to pay a $950
special assessment to the Crime Victim's Fund.
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Charles A. Donahoo, Jr.
d/b/a Charlie Wrecking
CR89-00057-01-UJ)
(W.D. Ky.)
Facts: Charles A Donahoo, Jr., d/b/a Charlie Wrecking, was in the
business of wrecking and demolition in Jefferson County, Kentucky.
Donahoo's company contracted with Tuscarora Plastics to demolish a
building on their property located in Louisville, Kentucky.
06/05/89: Charles Donahoo, Jr. d/b/a Charlie Wrecking was charged in
a five-count indictment with the following counts:
Two counts of knowingly removing and causing the emissions
from a stationary friable asbestos in violation of standards for
asbestos removal in violation of CAA Sees. 112(c) and (e), and 113(c)
[42 U.S.C. §§ 7412(c) and (e), and 7413(c)J; and
Two counts of failing to immediately report the release of a
hazardous substance, in violation of CERCLA, Sec. 103(b) [42 U.S.C.
§ 9603(b)]; and
One count of making false statements, in violation of 18 U.S.C.
§ 1001.
09/28/89: After a jury trial, the jury found the defendant guilty on one
count of violating the CAA and one count of violating CERCLA.
12/19/89: The defendant was sentenced to serve terms of one and three
years imprisonment (to be served concurrently and all but six months
suspended); placed on three years probation, and ordered to pay $75 to the
Crime Victim's Fund.
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A&A Land Development
Angelo Paccione
Vulpis Brothers, Ltd.
August Recycling, Inc.
New York Environmental
Contractors, Inc.
National Carting, Inc.
Stage Carting, Inc.
Anthony Vulpis
Fred E. Weiss
W&W Properties
Rosedale Carting, Inc.
John McDonald
89446
(S.D.N.Y.)
Facts: Paccione and Vulpis were partners in A&A Land Development
(hereinafter "A&A") with offices located in Staten Island, New York.
Paccione was also president and majority stockholder of August Recy-
cling, Inc. (hereinafter "August Recycling"), New York Environmen-
tal Contractors, Inc. (hereinafter "N.Y. Environmental"), National
Carting, Inc., and Stage Carting, Inc. (hereinafter "National/Stage").
August Recycling, N.Y. Environmental, and National/Stage were
corporations engaged in the business of the collection, transportation,
transfer, and disposal of waste materials, including construction
debris, garbage, and medical waste. Their offices are located in
Brooklyn, New York.
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Facts and Status
A&A Land Development, et al.
(cont, from previous page)
Vulpis is the secretary-treasurer and owns half of all stock of Rosedale
Carting, Inc. (hereinafter 'Rosedale"), the president of Vulpis
Brothers, Ltd. (Hereinafter "Vulpis Bros.") and a principal in N.Y.
Environmental. Rosedale and Vulpis Bros, are corporations also
engaged in the business of collection, transportation, and disposal of
waste, including asbestos and medical waste. Their offices are located
in Brooklyn, Ne\ York.
Weiss is a partner of W&W Properties (hereinafter "W&W"), and
also a real estate broker licensed by the State of New York. W&W is a
partnership engaged in the business of the sale and development of
commercial and : residential real estate and has offices in Staten
Island, New York.
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Individuals Paccione, Vulpis, and Weiss and their affiliated
partnerships and corporations: A&A, W&W, August Recycling,
National/Stage, Rosedaie, and Vulpis Bros, participated in the conduct
of an enterprise by opening and operating a landfill, which accepted for
disposal construction debris, trash, asbestos, and medical waste.
06/19/89: The following list of companies and individuals were
charged in an indictment:
Vulpis Bros., Rosedale, N.Y. Environmental, National/Stage,
August Recycling, W&W, A&A, Fred E. Weiss, Anthony Vulpis,
and Angelo Paccione:
Each was charged with the following counts:
Two counts of racketeering under the RICO statute, in violation
of 18 U.S.C. §§ 1962(d) and 1963; and
Six counts of mail fraud by unlawfully, willfully, and
knowingly for the purpose of fraud by mailing letters, invoices,
and permits through the U.S. mail, in violation of 18 U.S.C.
§1341.
The Grand Jury charges were brought in connection with the
defendants constituting an "enterprise" consisting of a group of
individuals and corporations ("co-racketeers") associated in fact,
although not * legal entity, which enterprise was engaged in and the
activities of which affected interstate commerce, under RICO, 18
U.S.C. $ 196lJ
Furthermore, the indictment charged that the purpose of the
enterprise was to enrich the individual defendants and their
corporations through the operation of an illegal landfill, including
the disposal oT waste materials in violation of Federal, State, and
local law.
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Fiscal Year 1989
Defendant s)/Docket No ./Court
Facts and Status
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A&A Land Development, et al.
(cont. from previous page)
08/24/89: An indictment was filed adding defendant John McDonald to
defendants indicted on June 19, 1989. McDonald is a principal of New
York Environmental and an employee of August Recycling and
National/Stage. The indictment alleges that McDonald was involved
in racketeering acts and was charged with one count of racketeering by
knowing and willful delivered mail to defraud, in violation RICO,
18 U.S.C. §§ 1962(c); one count of knowingly conspiring to conduct and
participate in conduct of the affairs of an enterprise in a pattern
racketeering activity, in violation of RICO, 18 U.S.C. § 1962(d); and one
count mail fraud in violation of 18 U.S.C. § 1341.
09/11/89: Defendant Fred Weiss was murdered outside of his apartment
in New Springville in an ambush of gunfire by unknown assailants.
03/19/90: A jury trial began in Federal district court.
06/08/90: Jury found Anthony Vulpis, Angelo Paccione, and their seven
related companies guilty of RICO violations and conspiracy. John
McDonald and his company were found guilty of one felony count of
mail fraud.
10/03/90: Angelo Paccione was sentenced to 604 months imprisonment,
suspended to 151 months; probation of 3 years upon release from
imprisonment; and $400 special assessment.
10/10/90: A&A Land Development was sentenced to $1,400 special
assessment and a fine of $22,000,000. Vulpis Brothers, Ltd. was
sentenced to $1,400 special assessment and a fine of $22,000,000. The
sentencing stipulated that Angelo Paccione, Anthony Vulpis and John
McDonald forfeit their employment, titles and positions with each of the
defendant companies named above and any successors in interest to
these corporations
Gary L. Powell
Harry G. Stafford
CR-89-00151-01-02
(N.D. W.Va.)
Facts: Gary Powell was president of Marion Engineering Co., Inc.
Harry Stafford was a partner of Goodwin/Stafford and Co. Both
companies are located in West Virginia.
06/22/89: An information was filed charging each defendant with one
count of conspiracy {18 U.S.C. § 371) and one count of knowingly and
willfully failing to mark PCB containers, in violation of TSCA, Sees.
15(l)(c) and 16(b) [15 U.S.C. §§ 2614(l)(c) and 261500], and 40 CFR Sees.
761.40(a)(l) and 761.45(a) promulgated under TSCA, Sec. 4(e) [15 U.S.C.
§ 2605(e)J.
07/07/89: Defendant Stafford entered into a plea agreement and pleaded
guilty to both counts charged against him.
10/26/89: Defendant Powell was acquitted on both counts.
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Facts and Status
James A. Badgett
89-240-K
(N.D. W.Va.)
Facts: On December 10, 1987, James Badgett testified under oath to a
Grand Jury convened in the above related case, Powell and Stafford
The defendant testified that he was unaccompanied and unassisted
when he dumped transformers, 55-gallon drums, and drained liquid
from transformers, all of which contained PCBs.
10/18/89: On the same day, the defendant waived indictment and
pleaded guilty to one count charged by an information of making false
material declaration to a grand jury, in violation of 18 U.S.C. § 1623.
The defendant w^s released on $5,000 unsecured bond.
12/20/89: Badgett was sentenced to serve five years probation (the first •
two months to bej served as home detention) and ordered to pay a fine of •
$50.
On the same| day, Harry Stafford was sentenced to serve one year I
imprisonment (all suspended), ordered to pay a fine of $5,000, and V
placed on five years probation.
Prodigy, from which spilled 420,000 gallons of light heating oil into the
mouth of the Najrragansett Bay. Ballard Shipping Co. is a Liberian- _
registered shipping firm that owned the M/T World Prodigy. •
06/28/89: Captain Georgoudis was arrested by the FBI and arraigned
and charged by a criminal complaint the same day. Georgoudis was
charged with one count of negligent discharge of pollutants into
navigable waters of the U.S., in violation of the CWA, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 13l9(c)(l)].
Ballard Shipping Co.
lakovos Georgoudis
89-012lM(T)
(D.R.I.)
08/16/89: Defendant Captain Georgoudis pleaded guilty to the one count
charged in the complaint. On the same day, the Ballard Shipping
Company was charged with the same count as Captain Georgoudis. The
company pleaded' guilty to that count on the same day.
09/29/89: Defendant Georgoudis was sentenced to pay a $10,000 fine.
The company was sentenced to pay a $1,000,000 fine (all but $500,000
suspended).
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Marine Shale Processors, Inc.
CR89-60041-01
(W.D. La.)
Facts: Marine Shale Processors, Inc. (hereinafter "Marine Shale"), is
a corporation, incorporated in Louisiana, which operates a facility in
Amelia, Louisiana. The facility is located adjacent to Bayou Boeuf, a
part of the Gulf Intercostal Waterway. The corporation engaged in the
business of accepting industrial and hazardous wastes for incineration
in a rotary kiln.1
07/24/89: The corporation waived indictment, entered a guilty plea to
three counts charged in a Bill of Information filed the same day. The
information charged the corporation with the following:
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CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
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Marine Shale Processors, Inc.
(cont. from previous page)
One count of knowing storage of hazardous wastes, bottom sediment
sludge from the treatment of wastewaters from wood preserving
facilities using creosote and/or pentachlorophenol, without a permit
in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2XA;i;
One count of discharging and depositing refuse, including
contaminated run-off water, waste chemicals, and material
resulting from incineration of hazardous and other industrial
wastes, into a navigable water of the U.S., Bayou Boeuf, without a
permit, in violation of the RHAA (Refuse Act), Sees. 13 and 16 [33
U.S.C. §§ 407 and 411]; and
One count of creating and maintaining an obstruction to the
navigability of the Bayou Boeuf, without authorization, by sinking a
barge in the water of Bayou Boeuf and filling it with material from
the incineration of hazardous and industrial wastes, in violation of
the Rivers and Harbors Appropriations Act of 1899, Sees. 10 and 12
[33 U.S.C. §§ 403 and 406].
09/18/89: Marine Shale was sentenced to pay a fine of $1,000,000 (to be
paid in ten monthly installments).
[Placed under court seal]
89-D186-CR(M-2)
(E.D. Mo.)
Facts: A Missouri-based corporation is in the business of
manufacturing paper packaging materials at a facility located in St.
Louis.
08/25/89: An information was filed charging the corporation with the
following three counts:
One count of knowingly, willfully, and improperly storing PCB
transformers in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C.
§§ 2614 and 2615(b)] and rules and regulations promulgated under
TSCA, Sec. 6(e) [15 U.S.C. § 2605(e)] including 40 CFR § 761.65;
One count of knowingly and willfully failing to keep records
pertaining to PCB items in violation of TSCA, Sees. 15 and 16(b)
[15 U.S.C. §§ 2614 and 2615(b)], and rules and regulations
promulgated under TSCA, Sec. 6(e) [15 U.S.C. 2605(e)] including
40 CFR 761.180; and
One count of knowingly not marking a PCB storage area, in
violation of TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and 2615(b)],
and rules and regulations promulgated under TSCA, Sec. 6(e)
[15 U.S.C. § 2605(e)], including 40 CFR § 761.40 and 761.65.
08/25/89: The corporation entered a guilty plea to violating one count of
TSCA, Sees. 15 and 16 [15 U.S.C. §§ 2614 and 2615(b}]. The remaining
counts were dismissed.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal YeaJ 1989
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Defendant(s)/Docket No./Court
Facts and Status
[Placed under court seal!
(cont. from previous page)
10/16/89: Entire fie placed under seal.
04/20/90: Judgment entered, conditions of probation and supervised
release filed under seal and placed in vault.
Jerold Gershon
d/b/a Chemical Commodities, Inc.
89-20074-01
(D. Kan.)
Chemical Commodities, Inc.
90-20002-01
(D. Kan.)
Facts: Jerold Gershon owns and operates Chemical Commodities, Inc.
located in Olathe Kansas and is engaged in the business of chemical
brokering. In December 1988, a truck containing hazardous waste
caught fire, triggering the evacuation of residents from a Kansas City
neighborhood.
09/14/89: An indictment was filed charging the defendant with the
following counts:;
One count of knowingly treating and disposing of hazardous waste
(methyl bromide), without a permit, in violation of RCRA, Sec.
3008(d)(2)(A) (42 U.S.C. § 6928(d)(2)(A)];
One count of] knowing transporting hazardous waste without a
manifest, in I violation of RCRA, Sec. 3008(d)(5) [42 U.S.C.
§ 6928(d)(5)]; and
One count of knowing endangerment of three employees by
unlawful disposal of hazardous waste (methyl bromide), in
violation of R(fRA, Sec. 3008(e) [42 U.S.C. § 6928(e)].
01/05/90: In exchange for the corporation entering a guilty plea, the
indictment against Gershon was dismissed. The corporation entered a
guilty plea to two counts charged in a superseding information with
violating RCRA, $ec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2KA)].
01/05/90: An information was filed charging Chemical Commodities,
Inc. with one count of knowingly and unlawfully treating, storing, and
disposing of hazardous waste (methyl bromide), without a permit and in
violation of regulations promulgated at 40 CFR Part 261 and RCRA, Sec.
3008(dX2)(A) [42 JJ.S.C. § 6928(d)(2)(A)3.
In exchange for the corporation entering a guilty plea to the count
charged in the information, the counts against defendant Jerold
Gershon were dismissed.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendants)/Docket No./Court
Facts and Status
Chemical Commodities, Inc.
(cont. from previous page)
05/18/90: Corporation was sentenced on one count of unlawful
treatment, storing, and disposing of methyl bromide, a hazardous waste
in violation of RCRA Sec. 3008(d)(2)(A) [42 U.S.C. 6928(d)(2)(A)J. The
corporation is to cease business operations and shut down, with the
assistance of a qualified contractor/consultant selected by EPA, within
one year of sentencing. All costs of liquidation, cleanup, and disposal
are to be paid by defendant. The corporation was fined $505,760 (of
which $5,760 is cost for probation supervision) and a $200 special
assessment. The execution of the $500,000 fine was stayed in lieu of
Chemical Commodities, Inc. absorbing the costs of liquidation as
outlined in conditions of probation. The corporation was placed on five
years probation.
Cuyahoga Wrecking Corp.
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
4-89-CR-0281
(N.D. Ohio)
Facts: Cuyahoga Wrecking Corporation is a demolition and salvage
company incorporated in New York with a branch office in Cleveland,
Ohio. The corporation purchased various structures from LTV Steel
Company, located at a site in Campbell, Ohio. Cuyahoga then
demolished these structures. Buckley was in charge of the demolition
from May 1985 through December 1986. Button supervised the
demolition of the site from February 1985 through December 1986.
Salvati supervised the demolition at the site from September 1985
through December 1986.
09/21/89: An indictment was filed charging the defendants with the
following counts:
Each individual with one count of conspiracy, in violation of 18
U.S.C. §371;
The corporation, Button, and Buckley with four counts each, and
Salvati with three counts of demolishing structures in violation of
emission standards for asbestos, and the regulations governing
removal of asbestos, in violation of the CAA, Sees. 112(c)(l)(B) and
(e)(5) and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B) and (e){5), and
7413
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
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Defendant(s)/Docket NoVCourt
Facts and Status
Cuyahoga Wrecking Corp.
(cont. from previous page)
07/02/90: Cuyahoga Wrecking was sentenced to pay a fine of $600,000
with $400,000 suspended.
07/02/90: Defendant Paul Buckley was sentenced to three years
probation, 300 hours community service, and a $5,000 fine plus $100
Special Assessment based on his plea of guilty.
10/17/90: Richard M. Salvati was sentenced to probation for 1 year and
fined $1,000. Lawrence J. Button was sentenced to 2 years probation and
fined $3,000.
Fisher RPM Electric Motors, Inc.
Rodney R. Fisher
CR89-234
(D. Or.)
Facts: Rodney Ray Fisher owns and operates Fisher RPM Electric
Motors, Inc., which is engaged in the business of cleaning and
refurbishing motor engines. The business is located in Albany,
Oregon.
09/27/89: Defendants Rodney Fisher and his company Fisher RPM
Electric Motors were each charged by an indictment with the following
counts:
Two counts of knowingly discharging pollutants into a navigable
water of the U.S. without a permit, in violation of the CWA, Sec.
307(a) and 30$(c)(2)(A) [33 U.S.C. § 1317(a) and 1319(c)(2)(A)]; and
Three counts of knowing illegal storage, disposal, and treatment of
hazardous waste without a permit in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
12/04/89: Defendant Rodney Fisher entered a guilty plea to one count
charged in a superseding information of violating the CWA, Sees. 301,
309{c)(2), and 1362 [33 U.S.C. §§ 1311, 1319(cX2), and 1362]. The
government dismissed all the remaining counts against the defendant
and the corporation.
02/12/90: Defendant Fisher was sentenced to serve three years probation
with the condition1 that he remain in home detention for a period of three
months (except time it is necessary for him to be at work), and was
ordered to pay a fine of $2,500.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
DefendantCsj/Docket No./Court
Facts and Status
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Borjohn Optical Technology
John Borowski
CR89-256-WD
(D. Mass.)
Facts: The Borjohn Optical Technology company is owned by John
Borowski, and is in the business of metal plating and located in
Burlington, Massachusetts. The case began as a government
procurement fraud investigation by the F.B.I., because a majority of the
company's business was involved in the manufacturing of various
types of weapon system mirrors for the Department of Defense.
10/02/89: A Federal Grand Jury indicted Borjohn Optical Technology
and John Borowski on 133 counts of violating the Clean Water Act. The
indictment charged the company and its owner with the following
counts:
65 counts of knowingly and willfully discharging pollutants,
(untreated metal finishing wastewaters with high levels of nickel),
into a POTW in violation of pretreatment standards for new
sources for the metal finishing industry, and in violation of the
CWA, Sees. 307(b), (c) and (d), and 309(c)(2) [33 U.S.C. §§ 1317(b),
(c), and (d), and 1319(c)(2)]; and
68 counts of knowing endangerment of the company employees by
knowingly discharging pollutants into a POTW and placing
employees in imminent danger of death or serious bodily injury, in
violation of the CWA, Sees. 307(b), (c), and (d), and 309(c)(3)
[33 U.S.C. §§ 1317(b), (c), and (d), and 1319{c)(3)].
The indictment alleges that at Defendant Borowski's direction,
untreated metal finishing process wastewaters (including nickel and
nitric acid), were discharged into the Burlington public sewer system,
which discharges into the Boston Harbor.
05/23/90: Both defendants were found guilty by jury of two counts of
knowing endangerment arising out of knowing discharge of plating
solutions and nitric acid baths in violation of the Clean Water Act
pretreatment standards.
11/07/90: John Borowski was sentenced to pay a fine of $400,000 plus $100
special assessment. He was also sentenced to 26 months imprisonment,
and will be placed on 24 months probation upon release from
imprisonment.
Borjohn Optical Technology, Inc. was sentenced to pay a fine of
$50,000 plus $400 special assessment, and was placed on probation
for a term of 24 months. Borjohn Optical Technology, Inc. was also
ordered to make restitution to the medical health insurance of two
previous employees in the total amount of $15,513.80.
12/18/90: Appeal filed.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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Defendant(s)/Docket No./Court
Facts and Status
Konstandt Laboratories, Inc.
89-0563
Felix Konstandt
89-00676
(E.D.N.Y.)
Facts: Konstandt Laboratories, Inc. is a business owned by Felix
Konstandt. The company is based in Long Island, New York. The
laboratory was tyred by a company to analyze samples of marine
coatings products. The product contained anti-foulants, including
tributyltin, whi(h are regulated under the Federal Insecticide,
Fungicide, and RJ>denticide Act [FIFRA].
10/04/89: Konstandt Laboratories, Inc. and Felix Konstandt waived
indictment and were charged by an information with one count each of
knowingly and willfully making and using false documents, in
violation of 18 U.S.C. § 1001, knowing the documents contained false,
fictitious, and fraudulent statements and data. Konstandt Laboratories
and Konstandt allegedly caused false data and test results to be entered
on nineteen "Results of Analysis" reports for tributyltin leaching
studies.
10/10/89: Both the company and defendant Konstandt entered guilty
pleas to the count charged in the information.
04/10/90: Defendant Felix Konstandt was sentenced to probation for one
year, special condition that 30 days be served either under house arrest
or in a halfway house. Also, defendant was fined $1,000 and a special
assessment of $25i
John Joseph Melle
G89-142CR
(W.D. Mich.)
Facts: John J. Melle was employed by Michigan Environmental _
Recovery, Inc. ("MER, Inc."). The company is in the business of I
reclaiming industrial solvents. *
10/05/89: The defendant was charged in an indictment with the flj
following counts: •
One count of knowingly omitting material information on labels
required on certain barrels containing hazardous waste, by
removing the Jabels in violation of RCRA, Sec. 3008(d)(3) [42 U.S.C.
§ 6928(d)(3)];
One count of knowingly transporting barrels of hazardous waste
without the required manifest in violation of RCRA, Sec. 3008(d)(5)
[42 U.S.C.§ 69J28(d)(5)l;
One count of knowingly transporting hazardous waste, namely,
barrels of ignitible hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(dXD [42 U.S.C. 5 6928(dXl)l; and
One count of failure to notify the U.S. Government of the release of a
quantity in exeess of 100 pounds of an ignitible hazardous waste, in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant^s)/Docket No./Court
Facts and Status
John Joseph Melle
(cent, from previous page)
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01/02/90: The defendant entered a guilty plea to one count of violating
RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)].
02/15/90: Melle was sentenced to serve one year imprisonment (with
work release privileges), and to pay a special assessment of $50 to the
Crime Victim's Fund.
Nicholas Pasquariello
89-6196
(S.D. Fla.)
Facts: Pasquariello is the major stockholder and officer of the 36th
Street Acquisition Corporation. The corporation owns property
(referred to as the "36th Street Site") located in Ft. Lauderdale, Florida.
Pasquariello was engaged in the business of demolition and disposal of
wastes, including demolition wastes, fill material, dredged spoil, soil,
garbage, discarded equipment, tires, wood, rock, sand, and industrial
wastes. The 36th Street Site contains two lakes.
10/13/89: The defendant was arrested and charged in a criminal
complaint with six counts of knowingly discharging or causing
pollutants to be discharged from a point source into waters of the United
States without a permit, in violation of the CWA, Sees. 301{a) and
309(c)(2)(A) [33 U.S.C. §§ 1311(a) and 1319(c)(2)(A)].
01/05/90: An indictment was filed charging the same defendant with
six counts of knowingly discharging, or causing to discharge, and
aiding and abetting the discharge of various pollutants, including fill
material, from a point source into the waters of the United States, in
violation of the CWA, Sees. 301(a) and 309(c)(2)(A) [33 U.S.C. §§ 131 l(a)
and 1319(c)(2)(A)]; and 18 U.S.C. § 2; and one count of knowingly,
willfully, and corruptly, directly or indirectly, giving, offering, and/or
promising U.S. currency to a public official with the intent of
influencing that public official to do an unlawful act (submitting an
application to the Corps of Engineers containing false information), in
violation of 18 U.S.C. §§ 201(bXl)(A) and (bXlXC).
R-M Industries, Inc.
89-330-1
(D.S.C.)
Facts: R-M Industries, Inc. is a South Carolina corporation located in
Rock Hill, South Carolina. R-M Industries is in the business of
chemical manufacturing.
11701/89: On the same day, the corporation waived indictment and was
charged by an information filed with one count of willfully bypassing
treatment facilities and discharging wastewater directly into the
Catawba River, waters of the United States, in violation of a NPDES
permit and the CWA, Sec. 309(cXD [33 U.S.C. § I319(c)(l)]; and one
count of knowingly violating terms of its NPDES permit in violation of
the CWA, Sec. 309(c)(2XA) [33 U.S.C. f 1319(c)(2)9A)].
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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Defendants)iDocket No..'Court
Facts and Status
R-M Industries, Inc.
(cent, from previous page)
On the same day, the corporation pleaded guilty to all counts and was
sentenced to pay a fine of $150,000 (all but $50,000 suspended); ordered to
serve two years probation (on each count, to be served concurrently), and
pay a $300 special assessment to the Crime Victim's Fund.
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A.C. Limtiaco, Inc.
Antonio C. Limtiaco
89-00133
(D. Guam)
CR-90-00009
(D. Guam)
Facts: Antonio C, Limtiaco owned A. C. Limtiaco, Inc. and contracted
with the Univers
containing PCBs.
ty of Guam to drain and dispose of a transformer
The liquid containing PCBs was pumped into an
oil/water separate}- tank at the Cabras Island Power Plant.
11/09/89: Limtiaco and his company were each charged in a ten-count
indictment with: seven counts of unlawful disposal of PCBs, in
violation of TSCA, Sees. 15 and 16{b) [15 U.S.C. §§ 2614 and 2615(b)]; one
count of failure to notify of a release of a reportable quantity of a
hazardous substance without a permit, in violation of CERCLA 103(b) [42
U.S.C. § 9603(b)]; one count of conspiracy, in violation of 18 U.S.C.
§ 371; and one count of making a false statement in violation of 18
U.S.C. § 1001.
01/24/90: The individual defendant, Antonio C. Limtiaco, pleaded
guilty to one count of making a false statement concerning a material
fact, in violation of 18 U.S.C. § 1001 (as charged in the indictment).
He was charged on the same day in an information with one count of
illegal disposal of PCBs, in violation of TSCA, Sees. 15 and 16(b) [15
U.S.C. §§ 2614 ard 2615{b)]. On the same day, the defendant also
pleaded guilty to the count charged in the information. Upon
sentencing, the government agreed to dismiss seven counts charged
against Antonio Limtiaco in the indictment, and agreed to dismiss all
counts against the corporation.
04/23/90: Defendant was sentenced with regards to the guilty plea to
count 10 of the indictment to a fine of $50,000 and three years probation to
run concurrently with the three years probation also imposed on the
guilty plea filed in regards to the information.
Di Giorgio Corporation
dba Guaranteed Products of Colorado
89-CR-364
(D. Colo.)
Facts: Di Giorgio Corporation is a Delaware corporation doing
business in Colorado as "Guaranteed Products." The corporation was
engaged in the business of manufacturing and selling aluminum
extrusion products and other aluminum parts and products such as
window frames and doors. These products are sold and shipped
throughout the United States. The corporation is located in Henderson,
Colorado. \
11/15/89: The corporation waived indictment, agreed to plead guilty,
and was charged ip a two count information with knowing storage and
disposal of hazardous wastes, including RCRA-listed corrosive and
ignitible wastes, in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C.
§ 6928
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Di Giorgio Corporation
dba Guaranteed Products of Colorado
(cont. from previous page)
The corporation agreed to pay a $40,000 fine and spend $452,670 on
remedial and compliance measures ordered by a compliance order
with the State of Colorado Department of Health. The Henderson
facility is no longer in operation.
12/01/89: The plea agreement was accepted and entered.
02/16/90: The defendant, Di Giorgio Corporation, doing business as
Guaranteed Products of Colorado, was sentenced to pay a $40,000 fine,
and pay a $400 special assessment to the Crime Victim's Fund.
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Phil J. Lambert, Jr.
CR89-53-1-L
Phil J. Lambert, Inc.
CR 89-53-2-L
(D.N.H.)
Facts: Phil Lambert, Jr. was president of Phil Lambert, Inc., a business
located in Colebrook, New Hampshire. The business owned property,
which included Beaver Brook and wetlands. The brook supported a
high quality native brook trout fishery.
11/27/89: After waiving indictment and entering a guilty plea, Phi)
Lambert, Jr. and his company were each charged in an information
with one count of conspiracy to knowingly, intentionally, and
unlawfully cause pollutants to be discharged into waters of the United
States (wetlands on the company's property), without a permit, in
violation of the Clean Water Act, Sec. 309(c)(2)(A) [33 U.S.C,
§ 1319(c)(2)(A)]; all in violation of 18 U.S.C. § 371.
01/22/90: Phil Lambert, Jr. was sentenced to serve two years
imprisonment (all suspended), and placed on two years probation. His
company was placed on two years probation. The court waived a fine of
$20,000 at sentencing in consideration of $100,000 spent by Lambert to
restore the site. Lambert also agreed to donate five pristine acres of
land to the State of New Hampshire as restitution. Each defendant was
ordered to pay a $50 assessment to the Crime Victim's Fund.
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David Cohen
John Meighan
JFM-89-0468
(D. Md.)
Facts: John Meighan was the owner and president of Capital Assay
Laboratories, Ltd., a small precious metals reclaiming business. The
business is located in Baltimore City, Maryland. David Cohen was the
previous owner and principal chemist of Capital Assay Laboratories.
12/01/89: An information was filed charging John Meighan with one
count of knowing and willful illegal storage and disposal of hazardous
waste (including mercury, lead, cadmium, and drums of hydrochloric
acid mixed with cyanide), in violation of RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(2)(A)]. On the same date, David Cohen was charged in
an information with the same count charged to Meighan. Cohen agreed
to plead guilty to the charge.
12/11/89: Defendant Meighan entered a guilty plea to one count of
violating RCRA
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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Defendant^s)/bocket No./Court
Facts and Status
David Cohen
John Meighan
(cont. from previous page)
12/14/89: Defendant Cohen entered a guilty plea to one count of
violating RCRA.
03/01/90: Defendant Meighan was sentenced to serve three years
imprisonment. Defendant Cohen was sentenced to serve two years and
nine months imprisonment. Additionally, each defendant was ordered
to pay a special assessment of $50 to the Crime Victim's Fund.
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U.S. Plating Corporation
Pioneer Plating Co., Inc.
Robert Alley
89-CR-1008
(N.D. 111.)
Facts: Robert Alley was the president and owner of U.S. Plating
Corporation {"U.S. Plating") located in Chicago, Illinois. U.S. Plating
was in the business of electroplating various metals by applying
cadmium, zinc, hickel, brass, and copper metal surfaces onto metal
parts. The electroplating operations resulted in the discharge of
wastewaters intoj the sewer system, which conveyed the pollutants into
the POTW, which in turn discharges into the Chicago Sanitary and
Ship Canal, a navigable water of the United States.
Robert Alley also was the president and owner of Pioneer Plating Co.,
Inc. ("Pioneer Plating"), also located in Chicago. The company was
engaged in the business of electroplating various metals onto metal
parts. The company discharged wastewaters including wastewaters
containing cadmium, cyanide, chromium, copper, lead, nickei, and
zinc, into the public sewer system, which conveyed pollutants into a
POTW that discharges into a navigable water of the U.S., the Chicago
Sanitary and Ship Canal,
12/04/89: A Federal grand jury returned an indictment against Robert
Alley, U.S. Plating, and Pioneer Plating, charging them with the
following:
Robert Alley was charged with seventy-five counts of willfully and
negligently operating a facility (U.S. Plating) in violation of
pre treatment standards by negligently discharging waste water,
including industrial wastewater resulting from electroplating
operations, in violation of the CWA, Sees. 307(b) and (d), and
309(c)(l) [33 U.S.C. §§ 1317(b) and (d), and 1319(cXl)]; and
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Six counts of knowingly operating a facility (Pioneer Plating) in
violation of pretreatment standards, in violation of the CWA •
Sees. 307(b) and (d) and 309(c)(2) [33 U.S.C. §§ 1317(b) and (d), and •
1319(cXl)l;
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No,/Court
Facts and Status
U.S. Plating Corporation
(cont. from previous page)
Pioneer Plating was charged with three counts of willfully and
negligently discharging wastewater into navigable waters of the
U.S., in violation of the CWA Sees. 307(b) and (d), and 309(c)(l)
[33 U.S.C. §§ 1317(b) and (d), and 1319(c)(l)j, and six counts of
knowingly discharging wastewaters into navigable waters of the
U.S. in violation of the CWA, Sees. 307(b) and (d), and 309(cK2)
[33 U.S.C. §§ 1317(b) and (d), and 1319(c)(2)].
U.S. Plating was charged with 72 counts of willfully and
negligently discharging wastewaters into a navigable water of the
U.S., in violation of the CWA, Sees. 307(b) and (d), and 309(c)(l) [33
U.S.C. §§ 1317(b) and (d), and 1319(c)(l)].
05/31/90: A superseding indictment was filed by a Special Grand Jury
charging defendants with 81 counts of CWA violations relating to
discharging toxic pollutants into a public sewer system and eventually
into a navigable water of the U.S.
06/11/90: The court denied motion to dismiss superseding indictment.
11/13/90: U.S. Plating Corporation Inc. plead guilty to two counts of the
indictment - 33 U.S.C. 1317(b) and 1319(c)(l). U.S. Plating was fined
$30,000 for each count (concurrent) for a total of $30,000, plus $400 special
assessment. Pioneer Plating Co. plead guilty to two counts of the
indictment - 33 U.S.C. 1317(b)&(d) and 1319(c)(2) and was fined $20,000
each count (concurrent) for a total of $20,000, plus $400 special
assessment. Charges against Robert Alley were dismissed as the plea
agreement resolved all charges against companies and Mr. Alley.
Raymond T. Brittain
Robert C. Coble
CR-89-283-P
(W.D. Okla.)
Facts: Raymond Brittain was employed by the City of Enid, Oklahoma,
as the Superintendent of the Public Utilities Department. Robert Coble
was also employed by the City of Enid, as the Water Pollution Control
Plant Supervisor.
12/12/89: Both defendants were charged in an indictment with thirty
counts of knowingly and negligently discharging pollutants (raw
sewage), into Boggy Creek, a navigable water of the United States, in
violation of the CWA, Sees. 301(a), 309(c)U) and (c)(3) [33 U.S.C.
§§ 1311(a), and 1319(cKD and (c>(3)]; and
Eighteen counts of falsifying discharge monitoring reports (DMRs), in
violation of 18 U.S.C. 1001.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Yearl 1990
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Defendant(s)/Docket No./Court
Facts and Status
Raymond T. Brittain
Robert C. Coble
(cont, from previous page)
01/24/90: Defendant Robert Coble pleaded guilty to one count charged in
an information filled on the same day, charging him with one count of
willfully and negligently failing to report an unauthorized discharge
of raw sewage into Boggy Creek, in violation of the City of Enid's
NPDES permit and the CWA, Sees. 301(a), 1319(c)(l) and (c)(3)
[33U.S.C. §§ 1311(a) and 1319(c)(l) and (c)(3)]. Coble also pleaded
guilty to one count of making false statements charged previously in the
indictment (see cdmment of 12/12/89).
03/06/90: Defendant Brittain was convicted of 18 counts of making false
statements, and two counts of violating the Clean Water Act.
03/27/90: Defendant Coble was sentenced to serve five years
imprisonment (all but four months suspended), and five years
probation.
05/31/90: Defendant Brittain was sentenced to one year imprisonment
on each count (20) to run concurrently. The defendant was also
sentenced to pay a special assessment on each count equaling a total
sum of $950.
06/90: Brittain appealed his sentence.
05/03/91: Final opinion of the Tenth Circuit Court of Appeals upheld all
convictions. Brittain is to serve balance of his prison sentence.
Control Sewer and Pipe Cleaning
aka Control Disposal Company, Inc.
Steve Charo
Herman Goldfaden
CR3-89-362(R)
(N.D. Tex.)
Facts: Control .Sewer and Pipe Cleaning (aka Control Disposal
Company, Inc., hereinafter Control Disposal) was engaged in the
ownership, management, and operation of cleaning industrial and
commercial grease and sandtraps of liquid wastes and other types of
wastes. The company used tank trucks equipped with vacuums to
remove and transport wastes for disposal. Herman Goldfaden was
treasurer and director of the company. Steve Charo was the foreman at
the company between November 1988 until December 1989.
12/13/89: The company and two individuals were each charged in an
indictment with:
One count of Conspiracy, in violation of 18 U.S.C. § 371;
In the same indictment, Goldfaden and Charo were additionally
charged with:
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Control Sewer and Pipe Cleaning
et al.
(cont. from previous page)
Charo with one count and Goldfaden with six counts of
knowingly violating pretreatment standards and knowingly
discharging or causing to be discharged, pollutants (industrial
wastes), into private sewer systems leading into the City of
Dallas, Texas Waste Water Treatment Plant, which is a
POTW, all in violation of the CWA, Sec.309(c)(2)(A) [33 U.S.C.
§ 1319(c)(2XA)];
Goldfaden with one count of knowingly discharging pollutants,
including a hazardous substance, which defendant knew and
reasonably should have known could cause personal injury and
property damage, in violation of the CWA, Sec. 309(c)(2)(B) [33
U.S.C. § 1319(c)(2)(B)];
Goldfaden with six counts of knowingly omitting and causing
omission of material information and making false statements
in manifests by describing transported hazardous wastes (a
lead contaminated caustic solution and a spent halogenated
solvent containing methylene chloride) as nonhazardous waste
oil water and sludge, in violation of RCRA, Sec. 3008(d)(3) [42
U.S.C. § 6928(d)(3)]; and
Goldfaden with one count of knowingly disposing of and
causing hazardous wastes to be disposed without having
obtained a permit or interim status, in violation of RCRA, Sec.
3008
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHAKGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Inman & Associates, Inc.
C-90-29
John McMichen
C-90-30
(S.D, Tex.)
Facts: John McMichen was vice president of Inman & Associates, Inc.,
a South Carolinja corporation engaged in the business of general and
electrical construction, including handling PCBs and items
containing PCBs, such as electrical capacitors. Inman & Associates
entered into a contract with the U.S. Department of the Navy to replace
an electrical switching station at the Naval Air Station, in Corpus
Christi, Texas. The contract included the removal and replacement of
PCB capacitor parts of the switching station.
01/24/90: Defendant McMichen was charged in an information with
one count of knowingly and willfully disposing liquid PCBs from PCB
capacitors by disposing them on the ground at the Naval Air Station,
Corpus Christi, Texas, in violation of TSCA, Sees. 15{l)(c) and 16(b) [15
U.S.C. §§ 2614(l)(c) and 2615(b)].
Inman & Associates, Inc. was charged in a separate information
filed on the same date to one count of failure to notify of the release of
a hazardous substance, in violation of CERCLA, Sec. 103(b) [42
U.S.C. § 960S(b)].
01/25/90: Both the individual and the corporation each pleaded guilty to
the count charged to them on the previous day.
04/06/90: Defendant McMichen was sentenced to a fine of $5000, plus $25
special assessment. McMichen was not sentenced under the
Sentencing Guidelines as violation occurred prior to 11/01/87. The
corporation was fined $80,000 ($40,000 suspended) to be paid in three
equal installments yearly beginning 04/13/90 and the final payment
due 04/13/92. The corporation was also placed on three years supervised
probation and fined $200 special assessment.
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Aerolite Corporation
Arthur Thomas
N-90-6-HDM
(D. Nev.)
Facts: Arthur Thomas was the principal owner and chief executive of
Aerolite Corporation. The company was in the business of
electroplating and metal finishing located in Reno, Nevada. The
company's industrial processes included electroplating and the
refinishing of various products, including handguns and auto parts.
The processes produced wastewater containing significant levels of
toxic pollutants!including cyanide, lead, cadmium, chromium, copper,
nickel, zinc and other metals associated with electroplating.
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Defendant(s)/Docket
Aerolite Corporation
(cont. from previous
Tony George Zulim
CR-N-90-55-HDM
(D. Nevada)
John Pizzuto
CR 190-014
Hasper Leggett
CR 190-015
(S.D. Ohio)
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
No. /Court Facts and Status
02/06/90: A Federal Grand Jury in Reno, Nevada returned an eleven
page) count indictment against Aerolite Corp. and its owner, Arthur Thomas.
Both the corporation and Thomas were each charged with eleven counts
of knowingly and negligently discharging pollutants into a POTW in
violation of its permit, pretreatment standards and the CWA, Sees.
307(d) and 309(c)(2)(A), [33 U.S.C. §§ 1317(d) and 1319(c)(2)(A)]. The
indictment alleges that Aerolite, under Thomas' direction, failed to
properly maintain and operate its pretreatment equipment and
knowingly and negligently discharged pollutants, including the
electroplating wastewaters, into a waste drainage system, which
drained into the Reno-Sparks, Nevada publicly owned treatment works
(POTW).
12/11/90: Aerolite Company was convicted by trial jury on eleven
counts of Clean Water Act violations. Arthur Thomas was acquitted on
all counts.
11/13/90: An information was filed charging Zulim with violations of
the Clean Water Act. Zulim was the shift supervisor at Aerolite Chrome
Plating, Reno, Nevada, when he allegedly dumped low-pH material
into the local POTW in violation of the Federal Pretreatment Standards
- 33 U.S.C. 1317(d) and 1319(c)(2)(A).
12/14/90: Defendant Zulim plead guilty to the Clean Water Act violation
as stated in the above information.
04/15/91: Defendant Zulim was sentenced to 36 months probation, $1,000
fine, and 250 hours of community service. Judge's comments were that
the defendant (Zulim) was not the primary polluter.
Facts: John Pizzuto was owner and officer of Spar Construction and
Development Company. Spar Construction, an Ohio corporation, was
formed to complete the demolition and salvage of the former Empire-
Detroit Steel Division facility located in New Boston, Ohio. John
Pizzuto also supervised and directed the demolition job which included
the disposal of transformers containing PCBs. Hasper Leggett drove
trucks for Spar Construction.
02/14/90: In two separate informations filed, defendant Pizzuto was
charged with one count of conspiracy, in violation of 18 U.S.C. § 371 and
Leggett was charged with one count of knowingly and willfully
disposing of PCBs, in violation of TSCA, Sec. 15 and 16(b) [15 U.S.C.
§§ 2614 and 2615(b)]. The informations were sealed by the court after
their filing.
03/02/90: Both defendants pleaded guilty to the counts charged by the
informations.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year] 1990
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Defendant(s)/Docket No./Court
Facts and Status
John Pizzuto
Hasper Leggett
(cont. from previous page)
01/29/91: John Pizzuto was sentenced to 18 months imprisonment
(suspended), 5 years probation, and ordered to place $1 million in
escrow towards restitution and environmental clean-up costs at the Spar
site in New Boston, Ohio, and to pay $50 special assessment.
02/27/91: Hasper Leggett was sentenced to 12 months imprisonment
(suspended), 2 ye!ars probation, and a fine of $2000, plus $25 to the
Comprehensive Crime Control Act.
Exxon Corporation
Exxon Shipping Corporation
A90-015CR
(D. Alaska)
Facts: Exxon Corporation is incorporated in the State of New Jersey.
Exxon Shipping Company is incorporated in the State of Delaware.
Exxon Corp. was the sole shareholder of Exxon Shipping Company. The
shipping company operated oil tankers to transport petroleum products
for Exxon Corp. The tanker "Exxon Valdez" was owned and operated by
the Exxon Shipping Co. Exxon Corp. set policies for Exxon Shipping Co.
On March 23, 1989, the Exxon Valdez departed the Port of Valdez,
Alaska carrying |a load of 53 million gallons of crude oil bound for
Long Beach, California. The ship went off course in Prince William
Sound, ran aground on Bligh Reef, and discharged more than 10
million gallons of I crude oil into the Sound. The oil migrated more than
700 miles from the reef and contaminated the waters and shorelines of
Prince William Sound, the Gulf of Alaska, Kenai Fjords National
Park, the Katmaj National Park and Preserve, the Alaska Peninsula
National Refuge,' the Becharof and Kodiak National Wildlife Refuges,
the lower Kenai Peninsula, the Barren Islands, Kodiak Island,
Shelikof Strait, and other parts of the Alaska Peninsula. The spill
caused the deathi of more than 36,000 migratory birds, including more
than 100 bald eagles; 1,000 sea mammals, and many other varieties of
wildlife.
02/27/90: Exxon Corporation and Exxon Shipping Co. were both charged
in an indictment with the following counts:
one count of negligently causing pollutants to be discharged from a
point source into a navigable waters of the United States, Prince
William Sound, without a permit, in violation of the Clean Water
Act, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311 (a) and 1319(c)(l)];
one count of unlawfully discharging refuse (ten million gallons of
crude oil), frbm a ship (Exxon Valdez) into waters of the United
States (Prince William Sound), without a permit, in violation of the
Rivers and Harbors Appropriations Act (Refuse Act) of 1899, Sees. 13
and 16 [33 U.S.C. §§ 407 and 411];
one count of killing migratory birds without a permit, in violation
of the Migratory Bird Treaty Act, Sees. 703 and 707(a) [16 U.S.C. §§
703 and 707(a)], and 50 CFR § 21.11;
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendants;/Docket No./Court
Facts and Status
Exxon Corporation
Exxon Shipping Corporation
(cont. from previous page)
one count of willfully and knowingly failing to ensure that the
wheelhouse of the Exxon Valdez was constantly operated by persons
who directed and controlled the movement of the vessel, each of
whom was competent to perform that duty, in violation of the Ports
and Waterways Safety Act of 1972 [33 U.S.C. § 1232(b)(l}] and 33
CFR§164.11(b);
and one count of willfully and knowingly violating the Dangerous
Cargo Act [46 U.S.C. § 3718(b)], and 46 CFR § 35.05-20, by
employing and causing persons to be working on the tanker crew of
the Exxon Valdez, knowing that those persons were physically and
mentally incapable of performing the duties assigned to them.
03/13/91: Defendants entered into plea agreement on one count of
indictment, Migratory Bird Act - 16 U.S.C. 703 and 707{a).
04/24/91: Federal judge in Anchorage, Alaska rejected the criminal
plea agreement due to his belief that the agreed fine amounts were not
commensurate with egregiousness of the offense.
Envirosure Management Corp., Inc.
Envirosure Marketing, Corp.
(aka Envirosure Marketing and Sales)
Environmental Services Assoc., Inc.
Frontier Chemical Waste Process, Inc.
Cataract Industrial Warehousing and
Transportation, Inc. (aka Cataract
Industrial Warehousing)
CR-90-00025C
(W.D.N.Y.)
Facts: Envirosure Management Corporation (hereinafter "EMC") was
a business incorporated in the State of New York, with offices located in
Niagara Falls, and in the business of hazardous and nonhazardous
waste disposal services. EMC had wholly-owned subsidiaries known
as Envirosure Marketing Corp. and Environmental Services
Associates, Inc. (hereinafter "ESA"). ESA was the parent of two
wholly-owned subsidiaries, Frontier Chemical Waste Process, Inc.
(hereinafter "Frontier") and its affiliate corporation, Cataract
Industrial Warehousing and Transportation, Inc. (hereinafter
"Cataract").
02/13/90: The five corporations were all charged in an indictment with
the following counts:
nine counts of knowingly and unlawfully making or causing a
false material statement and representation on a manifest
identifying hazardous wastes as required by 40 CFR §261.30, and in
violation of RCRA, Sec. 3008(dX3) [42 U.S.C. § 6928(d)(3)];
eight counts of making false statements, in violation of 18
U.S.C.f 1001; and one count of conspiracy, in violation of 18 U.S.C.
§371.
07/26/90: Superseding Indictment (90-25C) was returned.
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OFFICE OF CRIMINAL] INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Yeat- 1990
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Defendant(s)/Docket No./Court
Facts and Status
Great Western Inorganics, Inc.
Roger W. Vernon
90-CR-61
(D. Colo.)
Facts: Great Western Inorganics, Inc., a Colorado corporation, is
engaged in the business of manufacturing and processing chemicals
including mercury oxide, arsenic trichloride, and experimental metal
salts. The corporation is located in Golden, Colorado. Roger W.
Vernon was the president and an owner of the corporation.
02/21/90: The corporation and Roger Vernon were charged
information with1 the following counts:
m an
Roger Vernoh - with two counts of being an accessory by making
false statements regarding Great Western Inorganics, Inc.
generating and storing hazardous wastes without a permit or
interim states in violation of RCRA, Sec. 3008(d)(3) [42 U.S.C.
§ 6928(d)(3)], and 18 U.S.C. § 3;
Great Western Inorganics, Inc. - with four counts of knowingly
storing, treating, and disposing of hazardous wastes without a
permit or interim status, in violation of RCRA, Sec. 3008(d)(2)(A)
[42 U.S.C. § 6928(d)(2)(A)J.
02/27/90: Both defendants pleaded guilty to ail counts charged in the
information.
04/19/90: Defendant Vernon was sentenced, on the two counts charged,
to two years prdbation, 100 hours of community service, and a fine of
$125,000, and a special assessment of $100. The corporation was
sentenced, on the four counts charged, to five years probation, fined
$200,000 on each count ($800,000), with all but $25,000 per count ($100,000)
suspended on the condition of full compliance with the cleanup plan and
that it pays for said cleanup. A special assessment of $800 was also
ordered.
Crittenden Conversion Corp.
CR-90-75Z
(W.D. Wash.)
Facts: Crittenden Conversion Corporation is a business located in
Preston, Washington. In August 1989, twenty-one drums were found in
a wooded area of Preston. Three of the drums contained ignitable
hazardous wastes and required a manifest, containing a description of
the hazardous waste.
03/07/90: The corporation waived indictment and agreed to enter a
guilty plea to one count to be charged in a forthcoming information.
The corporation agreed to pay a $25,000 fine, restitution to the
Washington State Dept. of Ecology in the amount of $15,387.89, and
storage and disposal costs estimated at $2,330.36. The plea agreement
also includes a' provision for the dismissal of a civil case involving
Crittenden Corp. pending in the same court, the U.S. District Court,
Western District of Washington.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Crittenden Conversion Corp.
(cont. from previous pagej
03/20/90: An information was filed charging the corporation with one
count of causing hazardous wastes to be transported without manifests,
in violation of RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)J. The
corporation entered a guilty plea to the count charged on the same day.
05/03/90: The corporation was sentenced to pay fines of $25,000 and
approximately $17,718.25 to the Washington State Dept. of Ecology for
the costs associated with cleanup, transportation, storage, and disposal
of all drum material generated by defendant.
Louisville Edible Oil Products, Inc.
(aka Louisville E.O.P., Inc.)
Presidential, Inc.
Frank Reed Metts
A. Dean Huff
Raymond Carl Marrillia, Jr.
(aka Sammy Marrillia)
CR90-00048-L(B)
(W.D. Ky.)
Facts: Louisville Edible Oil Products, Inc. (LEOP) is a Kentucky
corporation doing business producing oils such as salad oils and
margarine. Presidential, Inc. also a Kentucky business, is in the
construction and demolition arm of Louisville E.O.P., Inc. Frank R.
Metts was CEO and controlling stockholder of LEOP. A. Dean Huff
was director and later president of Presidential. Raymond C.
Marrillia, Jr. was a director and secVtreas. of Presidential. Mr,
Marrillia was also employed at LEOP as a construction manager and
then vice president for Facilities Management.
The two corporations and three individuals have been charged with
violating CERCLA and the CAA when renovating buildings in
Louisville, Kentucky.
04/19/90: A Federal Grand Jury in Louisville, Kentucky returned a
nine-count indictment charging:
LEOP, Presidential, Raymond Carl Marrillia, Jr., A. Dean Huff,
and Frank Reed Metts with violations of emitting an air pollutant,
CAA, Sec. 112(c)(l)(B) [42 U.S.C. § 7412(c)(l)(B), (eXD and (eX5);
and 7413(cXlXC)]; and CERCLA 42 U.S.C. 963
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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DefendantsVDocket No./Court
Facts and Status
John C. Auten
(cont. from previous page)
07/30/90: John C. Auten was sentenced to three years probation. Special
conditions of the probation are that Auten is to make full restitution in
the sum of $16,82^.88 to Southern Florida Water Management under the
direction of the probation office. Further ordered, Auten is to perform
100 hours of community service for each year of probation through the
Southern Florid^ Water Management District or Environmental
Agency as determined by the probation office. Also, Auten is to pay a
special Assessment of $50.
Paul Tudor Jones II
S-90-0216
(D. Md.)
William B. Ellen
S-90-0215
(D. Md.)
Facts: Paul Tudor Jones II was either President or CEO of Tudor
Investment Corpj which engaged primarily in the business of money
management. Between 08/24/87 to 11/01/89 (approximately) Tudor
Investments purchased over 3200 acres of land in Dorchester County for
the purpose of developing a private hunting ground, hereinafter known
as Tudor Farms. William B. Ellen was the project manager of the
Tudor Farms site;.
05/23/90: Defendant William B. Ellen was charged in a seven-count
indictment with violations of the CWA Sec. 301(a) and 309(cK2)(A) [33
U.S.C. §§ 1311(a) and 1319(c)(2)(A)]; also [33 U.S.C. §§403 and 406]; [18
U.S.C. § 2].
05/31/90: Defendant Jones pled guilty to one count of violating the CWA
and was sentenced to 18 months probation, terms of which include the
restoration of 2,500 acres at Tudor Farms and is prohibited from the
hunting of migratory game birds or waterfowl during 1990 and 1991.
Defendant was fined $1 million plus $25 special assessment and shall
also pay restitution of $1 million to the National Fish and Wildlife
Foundation (all payable within 30 days of the sentencing date).
06/15/90: Defendant Ellen pled not guilty to charges. Trial scheduled
for week of 12/03/90.
01/05/91: William B. Ellen was convicted by trial jury on five of six
felony counts charged in the indictment.
04/15/91: Ellen was sentenced to 6 months imprisonment for each of
five counts to run concurrently (actual 6 months imprisonment), 12
months probation with 4 months of that to be served as home detention,
$250 special assessment, and 60 hours of community service.
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J&J Investments
90-S0481
(E.D. Mich.)
Facts: J&J Investments operated a laundromat on Round Lake Road in
Union Lake, Michigan. J&J was required to comply with an EPA
permit when discharging waste water into an underground injection
well. J&J falsified the reports that it submitted to EPA.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
J&J Investments
(cont. from previous page)
06/02/90: One count information filed charging violations of the Safe
Drinking Water Act [42 U.S.C. 300h-2(b)] submitting materially
falsified laboratory analyses to U.S. EPA.
06/21/90: J&J entered a guilty plea in federal court.
08/27/90: J&J sentenced to pay a fine of $13,429 within 120 days, plus a
special assessment of $200.
Michael Levine
90-CR-172
(D. Colo.)
Facts: Owned and operated a company known as M&L Supply, Inc.
which was located in the State of Colorado and which sold chemical
products.
06/11/90: Indictment returned charging Levine with 57 counts of
violation of 18 U.S.C. 1341 and 1342 and two counts of 18 U.S.C. 2 and
1014 of false and fraudulent representation to customers of chemical
products.
04/18/91: Levine was convicted by trial jury of 56 counts of the
indictment.
Gary A. Keating, Sr.
90-262-M-4
(E.D. La.)
Facts: Keating constructed a concrete jetty and retaining wall in Lake
Pontchartrain extending from property he owned along the lakeshore in
St. John the Baptist Parish without a permit.
06/29/90: Three-count indictment filed charging Gary A. Keating, Sr.
with violating the Clean Water Act and Rivers and Harbors Act - 33
U.S.C. 1311(a) and 1319(c){2)(A); 33 U.S.C. 407 and 411; and 18
U.S.C. 2.
10/10/90: Keating was sentenced to three concurrent 8-month prison
terms (to serve 8-months imprisonment), and to 1 year probation upon
release from prison. No fine was imposed in accordance with his plea
agreement. $125 special assessment was ordered.
Bert Michael Willard
aka Mike Willard
90-407M
(W.D. Wash.)
CR-90-196
Facts: Bert Michael Willard had been hired to clean out a warehouse.
He was charged and plead guilty to dumping asbestos and other toxic
materials near a dirt road in Maple Valley.
07/12/90: Willard arrested on complaint charging the failure to provide
immediate notice of release of a hazardous substance; knowing
disposal of a hazardous waste (asbestos and PCBs) without a permit;
unlawful disposal of PCBs. Violations are of RCRA, CERCLA and
TSCA: 42 U.S.C. 6928(d)(2)(A), 9603(b), and 15 U.S.C. 2614
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OFFICE OF CRIMINAL I INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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DefendantfsVDocket No./Court
Facts and Status
CR-90-196
(cont. from previous page)
07/3L/90: Willard entered guilty plea to one count information.
01^16/91: Willarti was sentenced to 6 months home detention, 5 years
probation, 200 hours community service and to pay $15,000 restitution,
and $50 to the Crime Victim Fund.
Stewart Roth
HCR90-0069
(N.D. Ind.)
Facts: Stewart Rbth was former superintendent for the Sanitary District
for the City of Hammond, Indiana which operated a wastewater
treatment plant subject to an NPDES permit.
07/13/90: A four-count information was filed charging Stewart Roth
with making false statements regarding the NPDES permit - 18 U.S.C.
1001.
07/13/90: Stewart Roth entered a plea of guilty to the information as
charged.
Robert E. Morrison
Jay L. Barnett
CR 90-280-TUC
(D. of Ariz.)
Facts: Hughes Aircraft Co. was a defense contracting corporation
doing business in Arizona. Hughes operated U.S. Air Force Plant No.
44 in Tucson, Arizona, a facility which generated, treated, stored and
disposed of hazardous waste in the process of manufacturing guided
missiles and other sophisticated weapons systems. Robert E. Morrison
was a supervisory employee of Hughes and had responsibility for waste
operations and environmental compliance matters at Air Force Plant
No. 44. Jay L. i Barnett was a supervisory employee of Hughes who
worked at the Industrial Wastewater Treatment Plant on Air Force
Plant No.44.
08/01/90 - Morrison and Barnett were charged with a five-count
indictment alleging conspiracy to defraud EPA; RCRA false
statement; Aid ftnd Abet; and false statement - IS U.S.C. 2, 1001, and
371, and 42 U.S.C. 6928{d)(3).
Samuel T. Alcus, III
Carson Hay
AEI-KAARS Drilling Ventures
AEI-KAARS Production Co.
Carson Associates, Inc.
90-12-S
(E.D. Ky.)
Facts: Samuel T. Alcus is an individual who resides in New Orleans,
Louisiana, and who was the general partner of AEI-KAARS Drilling
Ventures and the President of AEI-KAARS Production Company.
Carson Hay is a^i individual who resides in Ashland, Kentucky and is
the President of Carson Associates, Inc. AEI-KAARS Drilling
Ventures is a Jimited partnership engaged in the production and
recovery of oil and gas which operates in Magoffin County Kentucky.
AEI-KAARS Production Company is a Kentucky corporation engaged
in the production and recovery of oil and gas which operates in
Magoffin County, Kentucky. Carson Associates, Inc. is a Kentucky
corporation which provided daily operation and maintenance service to
oil and gas operators, including AEI-KAARS Drilling Ventures and
AEI-KAARS Production Company.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Samuel T. Alcus, III
et al.
(cont. from previous page)
08/01/90: Six-count indictment was filed charging that the defendants,
aided and abetted by each other, knowingly discharged a pollutant in
violation of the Clean Water Act. - 33 U.S.C. 1311(a) and 1319(c)(2)(A>,
and 18 U.S.C. 2.
10/23/90: Samuel T. Alcus, III and AEI-KAARS Production Company
plead guilty to a 1-count information charging negligently discharging
brine from a point source into Birch Branch - a navigable water of U.S.,
without a permit during operation of his wells, in violation of the Clean
Water Act - 33 U.S.C. I311(a) and 33 U.S.C. 1319(c)(l)(A). The
government will dismiss charges against AEI-KAARS Drilling
Ventures, a limited partnership.
11/13/90: Carson Hay and Carson Associates, Inc. were acquitted by
thai jury on all counts.
02/01/91: Samuel T. Alcus, III was sentenced to pay a $10,000 fine, plus
$25 special assessment, and 3 years unsupervised probation. $5,000 was
suspended so that Alcus could pay restitution of $5,000 to the Kentucky
Hazardous Waste Management Fund. AEI-KAARS Production
Company was fined $100,000, plus $200 special assessment, with $50,000
suspended so that the company could pay $50,000 restitution to the
Kentucky Hazardous Waste Management Fund.
02/06/91: Pursuant to the plea agreement filed on 10/23/90, charges were
ordered dismissed as to defendant AEI-KAARS Drilling Ventures.
Sanchez Enterprises, Inc.
General Metals Fabricators, Inc.
Joseph P. Sanchez
Jean P. Sanchez aka John Sanchez
Gale E. Dean
2-90-101
(E.D. Tenn.)
Facts: Sanchez Enterprises, Inc. is an Ohio corporation located in
Mansfield, Ohio and has been in business of producing automotive and
military metal parts. General Metal Fabricators, Inc. operated a plant
in Erwin, Tennessee and was a division of Sanchez. It generated
hazardous wastes as defined by federal and state regulations. Joseph P.
Sanchez was president of Sanchez Enterprises and had overall
responsibility for the operation of General Metal Fabricators, Inc. John
Sanchez was an officer of Sanchez Enterprises and was involved in
overall operation of General Metal Fabricators, Inc. Gale Dean was a
production manager for General Metal Fabricators, Inc.
09/25/90: Five-count indictment returned by federal grand jury in
Greenville, Tennessee charging felony criminal environmental
crimes. It is alleged the defendants conspired to and violated
provisions of the Resource Conservation & Recovery Act (RCRA)
relating to storage and disposal of hazardous wastes - 42 U.S.C.
6928(dX2XA) and 692S(dX4), and 18 U.S.C. 2 and 371.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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Defendant(s)/Docket No./Court
Facts and Status
Tracy Westfall
CR 2-90-176
(S.D. Ohio)
Facts: Tracy Weatfall owned and operated a machine shop and scrap
business in Columbus, Ohio using the name Machine Design.
09/27/90: Two-count indictment filed charging Westfall with
knowingly and willfully disposing of PCBs in an unlawful manner in
violation of TSCA - 15 U.S.C. 2614 and 2615(b). Westfall was also
charged with CERCLA violations - failure to notify, 42 U.S.C. 9603(b).
Mark Irby
90-180
(D. South Carolina)
Facts: Mark Irby, former plant manager for the Lower Reedy
Wastewater Treatment Plant in Greenville County, South Carolina.
was engaged in the treatment of residential and industrial wastewater
and discharged treated wastewater into the Lower Reedy River. It was
alleged that Mark Irby directed unlawful discharges into the Lower
Reedy River in violation of the NPDES permit,
05/03/90: Markl Irby was charged in a six-count indictment for
violating the Clean Water Act - 33 U.S.C. 1311(a), 1362 and
1319(c)(2KA).
07/11/90: Mark Irby was convicted on all six counts of an indictment
for violating federal environmental laws under the Clean Water Act.
11/28/90: Irby was sentenced to 33 months imprisonment on each of six
counts to run concurrently (to serve 33 months), $300 special assessment
($50 per count), and 12 months probation on each of three counts to run
concurrently.
12/28/90: Appeal filed.
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Charles A. Hassler
90-58-CR-ORL-18
(M.D. Florida)
Facts: Charles Hassler is a former public works director and city
engineer of Longwood, Florida. The City of Longwood was previously
assessed a civil fine in an administrative action by the State of Florida.
This was the first Land Ban Restriction (RCRA) conviction in the
nation.
05/16/90: A 2-count indictment was filed charging Charles Hassler
with violations of Resource Conservation and Recovery Act regarding
illegal disposal of hazardous waste - 42 U.S.C. 6928(d)(2)(A) and
violations of CERCLA, failure to notify of the release of a hazardous
substance - 42 U.S.C. 9603(b)(3).
08/23/90: Hassler signed a plea agreement for one count RCRA
charges. fl
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11/21/90: Hassler was sentenced to 3 months community confinement
and $500 fine, plus $50 special assessment.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket NoVCourt
Facts and Status
John Charles Nelson
Court #
(Superior Court of Washington
for King County)
Facts: John Charles Nelson, owner/operator of John's AAA Waste Oil,
allegedly was in the business of picking up hazardous waste from a
number of generators who paid for legal and proper disposal- However,
Nelson dumped hazardous waste illegally along a highway in the State
of Washington.
05/17/90: Charges of one count of first degree theft and one count of
attempted first degree theft were filed as a result of a state prosecution
resulting from EPA/State Environmental Crimes Task Force and were
related to illegal hazardous waste disposal.
01/28/91: Nelson plead guilty to one count of first degree theft and one
count attempted theft in the first degree.
04/19/91: John Nelson was sentenced to 4 months imprisonment with 30
days to be dismissed upon performance of 240 hours of community
service. Nelson was also ordered to pay $9,000 in restitution to an
aggrieved landowner in the state of Washington.
Kevin J. Nice
Jeffrey A. Gordon
90-1-76-4
(Superior Court of Washington for
Grays Harber County)
05/25/90: Kevin J. Nice and Jeffrey A. Gordon were charged with
property endangerment from illegal hazardous waste disposal - RCW
70.105.085 (State of Washington Statute). These are the first criminal
environmental charges ever filed in the State of Washington.
06/25/90: Jeffrey A. Gordon plead guilty to one count as charged.
08/14/90: Gordon was sentenced to 30 days imprisonment, 12 months
probation, 88 hours of community service and restitution to the state.
02/04/91: Nice plead guilty to one count as charged.
02/25/91: Nice was sentenced to 90 days imprisonment, 12 months
probation, $10,341.70 restitution, and $100 special assessment.
Ekotek, Inc.
Steven M. Self
90-CR-125-G
Steven F. Miller
90-CR-126S
(D. Utah)
Facts: Ekotek, Inc. is a corporation in Utah which operated an
industrial facility in Salt Lake City and was engaged in the business of
hazardous waste management and recycling. Steven F. Miller was
vice-president of Ekotek, Inc. and Steven M. Self was principal owner
and president.
05/30/90: Indictment was filed charging Self and Ekotek with
violations of conspiracy - 18 U.S.C. 371; the Clean Water Act
(discharging pollutants into a publicly owned sewer system) - 33 U.S.C.
1317(d) and 1319(cXD(2); and illegal storage of hazardous waste - 42
U.S.C. 6928(d)( 1X2X3).
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
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Defendant(s)/Docket No./Court
Facts and Status
Ekotek, Inc.
Steven M. Self
(cont. from previous page)
05/30/90: Steven F. Miller plead guilty to a 3-count felony information
charging conspiracy - 13 U.S.C. 371, storage and treatment of
hazardous waste in violation of a permit - 42 U.S.C. 6928(d)(2)(a), and
the Clean Water Act - 33 U.S.C. 1319(c)(2).
04/18/91: Superseding indictment was filed against Self and Ekotek.
Unichem International, Inc.
CR90-057
(D, Wyoming)
Facts: Unichem was a corporation, incorporated under the laws of the
state of New Mexico, in the business of chemical-blending which sells
its product to oil field operators. Unichem had blending plants in
Wyoming, New Mexico, and Louisana.
05/3 V90: Unicheip was charged and plead guilty to three felony counts
of RCRA violations in Wyoming - illegal storage, transportation, and
disposal of hazardous waste without a permit • 42 U.S.C. 6928(d)(l) and
11/02/90: Unichem was sentenced to 5 years probation, fined $1,250,000
on Count 1, fined $125,000 each on Counts 2 and 3 (suspended), and $600
special assessment.
Jay Allan Ringler
90-CR-1559
(District Court of
El Paso County, Colorado)
06/18/90: An information was filed charging Ringler with 3-counts of
felony violations of Colorado State Environmental Laws: CRS 25-15-
310-(l)(b) and 4(a) - unlawful treatment, storage and disposal of a
hazardous waste, and CRS 29-22-108 - Hazardous Substance Incidents
(P-5).
Charles E. Welch
Michael Robert Speach
CR90-464
(C.D. California)
Facts: Michael Robert Speach was president of ENV, Inc.,
Environmental Services Division, a corporation with its principal
place of businesls in Rancho Dominguez, in Los Angeles County,
California. Charles E. Welch was vice-president of operations of ENV,
Inc.
06/21/90: Indictment filed charging defendants Welch and Speach with
illegal storage and transportation of RCRA-regulated electroplating
wastes to Monarch Milling, a non-permitted facility in Nevada • 42
U.S.C. 6928(dXl)' and (d)(2)(A).
07/20/90: Welch plead guilty to two counts of the indictment regarding
storage and transportation of hazardous waste.
09/27/90: Speach was convicted by jury trial on all 15 counts of the
indictment.
10/15/90: Welch was sentenced to pay a fine in the amount of $15,000,
plus $100 special Assessment, and to 36 months probation. •
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Charles E. Welch
Michael Robert Speach
(cont. from previous page)
12/03/90: Speach was sentenced to pay a fine of $28,000 ($2000 per count
for counts 2-15), plus $750 special assessment, to 6 months
imprisonment and 36 months probation upon release from prison, and
300 hours community service.
01/12/91: Appeal was filed by Speach.
Metro Container Corporation
Metro Enterprise Container
Sidney S. Levy
Steven Zubrin
90-359
{E.D. Pennsylvania)
Facts: Metro Container Corporation was a Delaware corporation in the
business of reconditioning used 55-gallon steel drums. Metro
Enterprise Container was a Pennsylvania corporation in the business
of reconditioning used 55-gallon steel drums by means of an
incinerator located at the Metro facility. Sidney S. Levy was co-owner
and president of Metro Container Corporation and Metro Enterprise
Container. Steven Zubrin was maintenance supervisor of Metro
Container Corporation.
08/15/90: A 17-count indictment was filed against defendants charging
conspiracy - 18 U.S.C. 371; illegal storage and disposal hazardous
waste in violation of RCRA - 42 U.S.C. 6928(c) and (d)(2); knowing
endangerment; conspiracy to violate the CWA by direct discharge and
violations of local limits for pretreaters, willful and negligent
discharges in violation of CWA and knowing (felony) violations of
CWA-33 U.S.C. 1319(c).
R M Engineered Products Co., Inc.
Daniel J. Seeman
Albert R. Mersberg
Alvin P. Tiedemann
The Intertech Group
CR-90-332
(D. South Carolina)
Facts: R-M is a South Carolina Corporation which manufactures and
sells products for aerospace/defense, automotive and power industries.
Seeman and Mersberg were R-M employees and stockholders of
Intertech. Tiedemann is executive vice-president and secretary/
treasurer of Intertech Group, and was formerly vice-president and
environmental safety officer for R-M. The Intertech Group is a South
Carolina corporation and a holding company which is sole
stockholder/owner of R-M Engineered Products, Inc.
08/16/90: A 7-count indictment was filed charging defendants with
conspiracy - 18 U.S.C. 371, and illegal transportation, storage and
disposal of hazardous wastes in violation of RCRA - 42 U.S.C. 6928(d)(l)
and (d)(2)(A) and (d)(5).
Enviro-Analysts, Inc.
John R. Ruetz
90-CR-165 and 191
(E.D. Wisconsin)
Robert E. Schloesser
90-CR-168
(E.D. Wisconsin)
Facts: Enviro-Analysts, a Wisconsin corporation, was in the business
of, among other things, performing laboratory analyses for clients so
that the clients could demonstrate compliance with the applicable
environmental laws and regulations of the U.S. John R. Ruetz was
President, Chief Executive Officer, and owner/operator of Enviro-
Analysts, Inc. Robert E. Schloesser was vice-president of Enviro-
Analysts, Inc.
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CHARGES AND DISPOSITIONS
Fiscal Year 1990
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Facts and Status
Enviro-Analysts, Inc.
John R. Ruetz
Robert E. Schloesser
(cont. from previous page)
07/09/90: An information was filed charging Robert E. Schloesser with
two counts of knc-wingly making false statements and representation
in the reports filed with respect to the effluent stream of Moxness
Products, Inc. pursuant to the provisions of the Clean Water Act - 33
U.S.C. 1319(c)(2).'
07/11/90: Schloesser entered into a plea agreement acknowledging the
charges of the twd-count indictment.
08/28/90: A 28-count indictment was filed charging Enviro-Analysts,
Inc. and John R. Ruetz with violations of the Resource Conservation
and Recovery Act for illegal treating, storing or disposing of hazardous
waste - 42 U.S.C. 6928(d)(3); violations of the Clean Water Act with
respect to false statements and representation in their reports * 33 U.S.C.
1319(c)(2); false statements - 18 U.S.C. 1001; and mail fraud - 18 U.S.C.
1341.
10/23/90: A one-count indictment was filed charging Enviro-Analysts,
Inc., and John R. Ruetz with conspiracy to produce, prepare and falsify
information contained in the discharge monitoring reports for, use by
their clients in compliance with the regulations of the U.S. EPA and the
Wisconsin Department of Natural Resources (18 U.S.C. 371).
12/12/90: Schloesser was sentenced to pay a fine of $2,500 each for count
one and two ($5,000 total); to pay a total special assessment of $50; 2
years probation, ajnd to pay restitution in the amount of $5,000 in such
amounts and at such times as directed by the probation department; and
to perform 150 hours of community service work with focus on
environmental issues.
PureGro Company, Inc.
Jack White
Robert Dickman
Gary McCourt
Steven Steed
CR-90-228-AAM
(E.D. Washington)
Facts: PureGro Co., Inc. was a legal entity incorporated in the State of
California, and in the business of retailing and manufacturing
pesticides and fertilizers with a branch office and regional
headquarters in Pasco, Washington. Jack White was regional
manager and regional safety & environmental coordinator for
PureGro. Dickman was district manager of PureGro. McCourt was
manager of the fertilizer manufacturing unit for PureGro in Pasco,
Washington. Stejed was manager of the fertilizer manufacturing unit
for PureGro in Pasco working out of corporate headquarters in
Sacramento, California.
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09/07/90: Indictment charges PureGro and above named employees
with the illegal storage, transportation and disposal of hazardous waste
pesticides under IRCRA - 42 U.S.C. 6928(d)(2)(A). Violations include
conspiracy - 18 U.S.C. 371, and the illegal application of a pesticide
under the Federal Insecticide, Fungicide and Rodenticide Act - 7 U.S.C.
136j and 1361.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1990
Defendant(s)/Docket No./Court
Facts and Status
Paul D. Zimmerman
Edsil M. Elledge, Jr.
(aka Ken Elledge)
Thomas G. Bentley-Smith
Robert Wells
90-38-B-MI
(M.D. Louisiana)
Paul D. Zimmerman
Edsil M. Elledge, Jr.
Thomas G. Bentley-Smith
Robert Wells
(cont. from previous page)
Facts: Zimmerman was former general manager of the office of
Chemical Waste Management, Inc. in Baton Rouge, Louisiana.
Elledge was former program coordinator of the hazardous waste
program of the Louisiana Department of Agriculture. Bentley-Smith
was former project manager for Chemical Waste Management, Inc. in
Baton Rouge. Robert Wells was former vice-president and treasurer of
the T. H. Agriculture & Nutrition Co., Inc. in Kansas City, Kansas.
These individuals allegedly conspired and agreed to knowingly
transport, or cause to be transported, hazardous waste without a permit.
09/12/90: A 3-count indictment charged defendants with conspiracy -
18 U.S.C. 371, and RCRA violations including the illegal storage and
transportation of a hazardous waste - 42 U.S.C. 6928(d)(2)(A) and (d)(5).
02/26/91: Zimmerman plead guilty to two counts: conspiracy to
transport hazardous waste without a manifest and the storage of
hazardous waste without a permit.
03/2V91: Federal jury found Elledge and Bentley-Smith guilty of all
counts charged on 03/21/91. Wells was acquitted.
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
Albert S. ("Junior") Goodner, Jr.
Dennis J. Goodner
Jimmy C, Curry
Goodner Brothers Aircraft, Inc.
Goodner Bros. Farms, Inc.
Aircraft Refinishers, Inc.
90-20031-04
(W.D. Arkansas)
Facts: The Goodner companies were Arkansas corporations in the
aircraft refinishing business, which included paint stripping,
repainting and refurbishing of commercial aircraft. "Junior"
Goodner is the president and operating manager of the Goodner
companies. Dennis Goodner is the supervisor of the Aircraft
Refinishers Company. Jimmy C. Curry is secretary of Goodner
Brothers Aircraft and shop manager of that company.
10/03/90: A 14-count indictment charging the defendants with
discharging pollutants into the Dallas Creek in violation of the Clean
Water Act - 33 U.S.C. 1311(a) and 1319(c)(l); failure to report the release
of a hazardous substance into the environment under CERCLA - 42
U.S.C. 9603(b); the illegal storage, transportation and disposal of
hazardous wastes - 42 U.S.C. 6928(d)(2)(A) and (d)(4); and conspiracy -
18 U.S.C. 371.
01/28/91: Trial began on this date and resulted in hung jury on
02/01/91. Charges against Aircraft Refinishers, Inc. were dismissed by
the government prior to trial.
04/10/91: Charges against Goodner Brothers Farms, Inc. were
dismissed by government.
04/11/91: Retrial resulted with defendant Albert S. Goodner, Jr. found
guilty of three counts of CERCLA violations and one count of RCRA.
Goodner Brothers Aircraft, Inc. was found guilty of four counts of
RCRA violations and one count CERCLA. These were all felony
violations that occurred near Ink, Polk County, Arkansas, and
involved the illegal handling of toxic chemicals.
Gerald Elwell
90-77-01
Peter Lauzon
90-77-02
North Bennington, VT
Board of Water Commissioners
(D. Vermont)
Facts: Gerald Leon Elwell was Superintendent of the North
Bennington, Vermont, Water Department duly appointed to that
position by the North Bennington, Vermont, Water Commissioners.
His duties included the operation of the North Bennington water system
and daily monitoring of the turbidity levels of the water supply and the
monthly reporting of same to Vermont Department of Health. Peter
Lauzon was an employee of the North Bennington Water Department.
10/09/90: Indictment of 01/13/90 was unsealed charging Gerald Elwell,
Peter Lauzon, and the Board of Water Commissioners, North
Bennington, Vermont, with 26 counts of conspiracy and false
statements/reports with regard to the Safe Drinking Water Act
(SDWA).
10/29/90: Elwell, Lauzon, and the Board of Water Commissioners plead
guilty to one count of violation of 18 U.S.C. 1001 (false statement) and
the government agreed to dismiss the other counts of the indictment.
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Fiscal Year 1991
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Facts and Status
Websterville Fire District #3 -
The Prudential Committee
90-78-3
W. John Mitchell, II
aka Jack Mitchell
90-78-1
Gary Brouillette
90-78-2
(D. Vermont)
Facts: Fire District #3, Websterville, Vermont was a public
community water system supplying drinking water to approximately
420 people of Websterville. W. John Mitchell was superintendent of
Fire District #3
Committee. Broui
and responsible for
water system and a member of The Prudential
llette was a member of The Prudential Committee
the sampling water supply.
10/09/90: Indictment of 09/13/90 unsealed charging defendants
Mitchell, Brouillette and Websterville Fire District #3 with conspiracy
- 18 U.S.C. 371, false statements - 18 U.S.C. 1001, and aiding & abetting
regarding the monitoring and reporting requirements of the Safe
Drinking Water Act.
Murray L. Lewis
90-79-01
Bertha Lewis
90-79-02
(D. Vermont)
Facts: Murray and Bertha Lewis were owner/operators of the Pownal
Water Company. Bertha Lewis was the individual responsible for
sampling of the Pownal water supply and completion of reports, on
behalf of Murray Lewis (operator of system), and filing reports with the
State of Vermont for subsequent transmission to U.S. EPA for
enforcement of provisions of the Safe Drinking Water Act.
10/09/90: Court Unsealed indictment obtained 09/13/90 charged 41
counts of false statements and representations to U.S. EPA and the State
of Vermont regarding compliance for the Safe Drinking Water Act - 18
U.S.C. 1001.
10/17/90: Defendants each plead guilty to one count of false statements,
18 U.S.C. 1001, and the government agreed to dismiss remaining
counts.
04/15/91: Defendants were each fined $500 plus $50 costs, plus placed on
probation for 5 years with a condition of turbidity monitoring to be
conducted during that probation period.
Reginald Max Goldsmith
l:90-CR-356
(N.D. Georgia)
Facts: Reginald Max Goldsmith committed overt acts in Northern
Georgia as to hiring individuals to remove and store hazardous waste
without a permit at( three sites in the Atlanta Metropolitan Area.
10/10/90: A 2-courjt indictment charged Goldsmith with conspiracy - 18
U.S.C. 371, and illegal transportation of hazardous waste in violation of
RCRA - 42 U.S.C. 6928(d)(2).
12/18/90: A 3-count superseding indictment was returned by grand jury
with an additional charge of illegal storage of hazardous waste at a
non-permitted storage facility - 42 U.S.C. 6928(d)(2).
148
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
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Saunders Asbestos Service
Domenic Lamara
Court #
(D. Massachusetts)
Facts: Domenic Lamara was foreman for Saunders Asbestos Service,
Inc and was listed as a responsible management official of the
company and had primary responsibility for asbestos removal and
disposal performed by the company.
10/16/90: Lamara and Saunders Asbestos Service, Inc. were charged in
an information with misdemeanor violations of the Clean Water Act -
33 U.S.C. 131 l(a) and 1319(c)(l)(A); namely negligently discharging
unpermitted pollutants (water containing asbestos) from point sources
into the Charles River.
01/25/91: Defendants plead guilty to a 1-count information.
04/01/91: Corporation was fined $5000 and 24 months probation.
Lamara was sentenced to 4 months house detention.
Sentco Paint Manufacturing Co., Inc.
Roland N. Brothers
Rick N. Brothers
Donald Gerald Cole
Sam Minor
4-90-CR-0281
(N.D. Ohio)
Facts: Sentco was a paint manufacturing company in Youngstown,
Ohio, which produced oil and latex based paints and asphalt roof
coating, emulsion roof coating, flashing cement, driveway sealer, Flo-
Kote and Shurstik in Youngstown, Ohio. Roland N. Brothers was
president and owner of Sentco. Rich N. Brothers was operations
manager of Sentco, and Donald Cole was an employee. Sam Minor was
a self-employed truck driver paid by Sentco to haul various waste
materials from Sentco for disposal.
10/18/90: A 9-count indictment was filed charging defendants with
conspiracy - 18 U.S.C. 371, and illegal disposal of.hazardous wastes - 42
U.S.C. 6928(d)(2)(A). Rick N. Brothers was also charged with
knowingly threatening or attempting to intimidate Sentco employees in
violation of 18 U.S.C. 1512(b)(3).
Michael H. Weitzenhoff
Thomas W. Mariani
Charles A. Reeves
90-01568 DAE
(D. Hawaii)
Facts: Weitzenhoff was plant manager, Mariani was assistant plant
manager and Reevea was a licensed plant operator at the East Honolulu
Plant Community Services Wastewater Treatment Plant (Hawaii Kai
Wastewater Treatment Plant) and were employed by M&E Pacific
Services, Inc., engaged in the operation of a wastewater facility.
10/18/90: A 2-count indictment charged defendants with conspiracy to
report false information on DMRs - 18 U.S.C. 371, and illegally
discharging pollutants in violation of their permit and violating the
Clean Water Act. - 33 U.S.C. 131 l(a) and 1319(c).
02/05/91: A 31-count superseding indictment was filed charging
defendants Mariani and Weitzenhoff with the dumping sewage sludge
- 33 U.S.C. 1319(cK2) and (c)(4).
03/07/91: A second 31-count superseding indictment was filed against
Mariani and Weitzenhoff.
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
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Facts and Status
The Pillsbury Company
90-05020-0 l-CR-SW-4
Thomas Edward Francis
90-05018-0 l-CR-SW-4
Rodney A. McFadden
90-05019-0 l-CR-SW-4
(W.D. Missouri)
Facts: The Pillsbury Company and two of its employees were charged
with negligently discharging a pollutant (ammonia) into Silver Creek.
Missouri.
10/22/90: The Pil|lsbury Company plead guilty to a 1-count information
charging negligent discharge of a pollutant - 33 U.S.C. 131 l(a) and
1319(c)(l). The company was fined $100,000 plus a special assessment
of $125, and ordered to make restitution to the City of Joplin, Missouri in
the amount of $75,000.
10/22/90: Defendants Francis and McFadden each plead guilty to a
3-count information charging negligent discharge of a pollutant
(ammonia) in violation of the Clean Water Act - 33 U.S.C. 1311(a.) and
01/17/91: McFadden was sentenced to 3 years probation, $6000 fine and
$75 special assessment, and 100 hours of community service.
01/25/91: Francis was sentenced to 3 years probation, $6000 fine and $75
special assessment, and 100 hours community service.
Gerry Bl an chard
Edward Viola
Maxine Fairchild
Donna Nims
Claude Aven
Barry Seace
2-90-CR-16
(W.D. Michigan)
Facts: Kinross Manufacturing Corporation (KMC) was a corporation
located in Chippewa County, Michigan at the former air force base
known as Kincheloe Air Force Base. Gerry Blanchard was a founder
and president of |KMC. The defendants were employees of KMC and
responsible corporate officials at KMC.
10/25/90: An 11-count indictment was filed against above defendants
charging conspiracy - 18 U.S.C. 371, unlawful treatment, storage and
disposal of hazardous waste under RCRA - 33 U.S.C. 6928(d)(2)(A), and
failure to report a release of a hazardous substance under CERCLA - 42
U.S.C. 9603(b).
James Angerami
Kenneth Birchfield
Glenda Newsome
Shawn Lee Rawls
Edwin Eugene Trout
Stephen Douglas Worley
2-90-CR-000021
(N.D. Georgia)
Facts: Defendants did conspire to knowingly manufacture, and
knowingly possess with intent to distribute a Schedule II controlled
substance, that is in a detectable amount of methamphetamine, in
violation of 21 U.S.C. 841 and 846.
11/03/90: Defendants were charged, along with drug violations, for the
illegal disposal of hazardous waste without a permit - 42 U.S.C.
6928(d)(2)(A).
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No,/Court
Facts and Status
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Glen Weatherbee
Glenn Weatherbee Supply, Inc.
CR90-00019-8G(M)
(W.D. Kentucky)
Facts: Glen Weatherbee is an individual who resides in Bowling
Green, Kentucky and is president of Weatherbee Supply, Inc.
Weatherbee Supply, Inc., incorporated in the Commonwealth of
Kentucky, is an oil and gas equipment company and is also used by
Glen Weatherbee as his oil production company.
11/05/90: An 11-count indictment was filed charging defendants with
ten counts of willfully constructing and operating five underground
injection wells to inject fluids into an underground source of drinking
water without obtaining a permit and one count of falsifying an
application for permit under the Safe Drinking Water Act (42 U.S.C.
300h).
Signs, Inc.
Henry Kelly Logan
91-CR-00227
(Second Judicial District -
City & County of Denver, Colorado)
11/07/90: Signs, Inc. and Henry Kelly Logan were charged with two
counts of unlawful disposal of a hazardous waste - CRS 25-15-310, and
contributing to a hazardous waste incident - CRS 29-22-108.
03/22/91: Corporation and Logan plead guilty to one count of the
information charging an unclassified felony violation of Colorado
Revised Statute 25-15-310 - unlawful disposal of hazardous waste.
Logan was sentenced to unsupervised deferred judgment of two years
and community service in an environmental organization, plus $230
fine to Victim's Compensation Fund.
04/23/91: Signs, Inc. was sentenced to pay a fine in the amount of $4,932.
Weyerhaeuser Company
(Weyerhaeuser Sawmill
Aberdeen)
CR90-298
(W.D. Washington)
Facts: Weyerhaeuser Company, a corporation headquartered in
Federal Way, Washington, was engaged in the manufacture of lumber
products at various sawmills located throughout the United States.
11/16/90: Weyerhaeuser Company was charged with a five-count
information and plead guilty to misdemeanor counts for violations of
the Clean Water Act. The criminal charges to which Weyerhaeuser
plead guilty stem from the unpermitted discharge of paint wastes and
wash water into Shannon Slough, a tributary of the Chehalis River,
from the end seal and stencil painting operation at the company's
Aberdeen, Washington sawmill for almost nine years (33 U.S.C.
and 1319(c)UXA)).
11/16/90: Weyerhaeuser Company was sentenced to fines of $25,000 for
each of the 5 counts ($125,000), plus $125 per count ($625) for the Crime
Victim Fund. Restitution to Shannon Slough Fund for foregoing
violations in the amount of $375,000 was also ordered.
151
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
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Defendant(s)/Docket No./Court
Facts and Status
Douglas T. Niemann
91-36
(Grays Harbor County District
Court of Washington)
Facts: Douglas T. Niemann was reported to Hoquiam Police
Department for halving found some 55-gallon drums of hazardous waste
and buried the drums. While doing so, some of the drums broke or
leaked onto the ground. The case was referred to Grays Harbor County
District Attorney.
01/03/91: Charges were filed against Douglas T. Niemann for
violation of revised code of Washington state law RCW 70-105-090 for
the illegal disposal! (dumping) of dangerous waste without a permit.
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Sam L. Story
91-PT-17-S
(S.D. Alabama)
Facts: Sam L. Story was owner of Story and Company, a commercial
and residential solid waste collection and disposal service in
Birmingham, Alabama. Story allegedly directed an employee to
discard 524 bags elf asbestos-containing material at various locations in
Jefferson County, Alabama.
OL/31/91: Indictment was filed charging Sam L. Story with a felony
violation of CERpLA for failure to notify the U.S. of release of
hazardous substance (asbestos) into the environment - 42 U.S.C.
9603(b).
03/19/91: Story plead guilty to indictment and was sentenced to 3
months home detention and 3 years supervised probation. Story was
ordered by the Court to incur the cost of home detention ($96.66/mo) and
to pay $50 special assessment. He was also prohibited from hauling or
handling asbestos materials as a result of an earlier civil settlement
which stemmed from this investigation.
Southern Dredging Company
William J. Floyd
Douglas M. Floyd
291-02080
(D. South Carolina)
Facts: Southern Dredging Company, located in Charleston, was a South
Carolina corporation in the business of hydraulic dredging of shipping
channels, harbors and marinas. These dredging operations include
the disposal of what is commonly referred to as dredge spoil. William
J. Floyd was the superintendent for Southern Dredging Company, Inc.,
and Douglas M. Floyd was the "dredge captain" for the dredge that
performed the dredging of the marina.
02/12/91: Southern Dredging Company was charged in a 1-count
information and plead guilty to a felony violation of the Clean Water
Act - 33 U.S.C., 1311(a) and l319(c)(2)(A). The corporation was
sentenced to pay a $100,000 fine plus a $200 special assessment and
placed on probatiqn for 12 months. Southern Dredging also entered into
a separate agreement with Department of Army not to bid on Army
contracts for 90 days (November 1,1990 to January 31,1991).
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OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
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Southern Dredging Company
William J. Floyd
Douglas M. Floyd
(cont. from previous page)
05/22/91: A 7-count indictment charged William J. Floyd and Douglas
M. Floyd, employees of Southern Dredging, Inc., with violations of the
federal environmental laws including conspiracy - 18 U.S.C. 371;
suborning perjury and perjury - 18 U.S.C. 1622 and 1623(a); and the
illegal discharge of dredge spoils into the waters of the U.S. without a
permit in violation of the Clean Water Act - 33 U.S.C. I3ll
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
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Defendant(s)/Docket NoVCourt
Facts and Status
Queen Products Company, Inc.
(cont. from previous page)
05/22/91: Queen Products Company, Inc. was sentenced to a fine of
$165,000 ($82,500 to be paid to the U.S. and $82,500 to the Commonwealth ft
of Kentucky), 18 months probations, and $200 special assessment, and I
additional requirements of cost of remedial action.
Queen Products was also sentenced in Kentucky for the 1-count
information from Indiana to pay a fine of $10,000 (suspended upon the
payment of $10,000 restitution to the State of Indiana), 18 months
probation, and $200 special assessment.
!
05/21/90: Cottrell was sentenced to 3 years imprisonment (32 months
suspended) on ea
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NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
Defendant(s)/Docket No./Court
Facts and Status
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Nanticoke Homes
(cont. from previous page)
03/26/91: Nanticoke Homes was indicted and plead guilty to RCRA
violations - knowingly storing hazardous wastes without a permit - 42
U.S.C. 6928(d)(2)(A); and CERCLA - having knowledge of release of a
hazardous substance into the environment without a permit (failure to
notify) - 42 U.S.C. 9603(b).
Thomas P. Banaham
5:CR-91-71
(N.D. Ohio)
Facts: Thomas P. Banaham was an employee of an environmental
testing firm under contract of NASA who had been reporting taking
samples he had not collected.
03/21/91: Thomas P. Banaham was charged with and plead guilty to a
1-count information for knowing interference with a test method under
the requirements of the Clean Water Act - 33 U.S.C. 1319(c)(4).
Croda Inks, Corp.
91-20109-H
(W.D. Tennessee)
Facts: Croda Inks, Corp. is an ink formulation and manufacturing
company, doing business on President's Island, Memphis, Tennessee.
It generates certain types of pollutants including but not limited to
chemical wastes in the form of solvent washes and sludges and washes
and sludges.
04/22/91: Croda Inks, Corp. was charged with and plead guilty to a 1-
count information for violation of the Clean Water Act - 33 U.S.C.
1311(a) and 1319(c)(l)(A). Charges stemmed from Croda Inks
negligently discharging unpermitted wastewater and solvents from the
Memphis facility into a storm sewer that empties into McKeller Lake
and the Mississippi River.
Paul Warren Marquardson
9M03S
(W.D. Washington)
Fact: Paul Warren Marquardson was one of several members of a
partnership known as Marquardson Associates which owned and
operated the Cornelius Apartments in Seattle, Washington.
04/23/91: Marquardson was charged and plead guilty to violations of
the Clean Air Act as a result of stripping asbestos insulation from the
building boiler room without providing proper notice prior to removal of
asbestos from a facility component - 42 U.S.C. 7412(c)(l)(B) and
(cXD(C).
Sunnylands, Inc.
William Ramagosa, Jr.
Robert Ramagosa
Sunrise Excavation, Inc.
Sunrise Ventures, Inc.
3:CR-91-079
(M.D. Pennsylvania)
Facts: Sunnylands, Inc., Sunrise Ventures, Inc., and Sunrise
Excavation, Inc., all Pennsylvania corporations, developed portions of
Sunnylands property by altering portions of the property, including
lakes, wetlands and other waters of the U.S. William Ramagosa, Jr.
was vice-president and secretary of Sunnylands, Inc., president of
Sunrise Ventures, Inc. and a corporate officer of Sunrise Excavation,
Inc. Robert Ramagosa was vice-president and treasure of Sunnylands,
Inc., a corporate officer of Sunrise Ventures, Inc., and president of
Sunrise Excavation, Inc.
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NATIONAL ENFORCEMENT INVESTIGATION'S CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1991
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Facts and Status
Sunnylands, Inc.
(cont. from previous page)
04/23/91: A 5-count indictment was filed charging defendants with
failure to obtain a permit for discharge of dredged or fill material into
waters of the U.Sj. including wetlands in violation of the Clean Water
Act - 33 U.S.C. 1311(a) and 13l9(c)(2)(A). The indictment of four felony
counts and one misdemeanor count alleges that the defendants
illegally filled some 54 acres of wetlands and adjacent waterways.
Larry Clay Lavender
91-00074-AH-C
(S.D. Alabama)
Facts: Larry Cfay Lavender is president of American Bumper
Company. American Bumper Company ("ABC") is an automobile
bumper electroplating facility located in Mobile, Alabama.
04/26/91: Lavender was charged and plead guilty to a one-count
information for illegal storage of hazardous waste • 42 U.S.C.
6928(d)(2)(A). Information charges Lavender knowingly stored
approximately €8 drums of chromic acid, cyanide and heavy metals for
a period exceeding 90 days without a permit or interim status
authorization. '
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I CROSS REFERENCE INDEX BY STATUTORY AUTHORITY
AND REGION
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1
1
1
CROSS REFERENCE INDEX BY STATUTORY AUTHORITY AND REGION
RESOURCE CONSERVATION AND RECOVERY
Resource Conservation and Recovery Act (RCRA)
Emergency Planning and Community Right to Know Act
(EPCRA)
Hazardous Materials Transportation Act (HMTA)
Case Name
Region I - RCRA
Charles Arcangelo
James Arcangelo
Antonio DeLucia
Frank DeFelice
Marco DeLucia
Dennis Champagne
Roger Boisonneault
John Cappella
Robert Veltre
Nicholas Sciarra
Bruce Bieler
Robert E. Derecktor of Rhode Island, Inc.
151 East Post Road Corporation, Inc.
Robert E. Derecktor
A.C. Lawrence Leather Co., Inc.
Lawrence K. Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Robert F. Goodspeed
Bernard Davis
MacDonald & Watson Waste Oil Co.
Narragansett Improvement Co.
Eugene K. D'AlIesandro
Vincent Cinguegrano
Fran Salde
Faust Ritarossi
Michael O'Laughlin
William J. Pandozzi
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ACT (RCRA)
42U.S.C. §§ 6901-6991
PL 94-580
PL 96-482
PL 98-6 16
.... 42 USC 11045
PL 99-499
49 USC §§1801-1813
PL 93-633
FY Page No.
88 88
86 48
83 2
88 74
88 74
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Case Name
FY
Region I RCRA (cont.)
Vanderbilt Chemical Corp.
Henry Baer
89
Region II - RCRA
David Can- (Ft. Drum)
Chase Interiors, Inc.
Kenneth Kaminski
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
Envirosure Management Corp., Inc.
Envirosure Marketing, Corp.
(aka Envirosure Marketing and Sales)
Environmental Services Assoc., Inc.
Frontier Chemical Waste Process, Inc.
Cataract Industrial Warehousing and
Transportation, Inc.
(aka Cataract Industrial Warehousing)
Fried Industries, Inc.
Johnson & Towers, Inc.
Peter Angel
Jack W. Hopkins
Kenneth Laughlin
John Donnelly
Joseph Tietlebaum
Albert S. Tumin
Will & Baumer, Inc.
Howard J. Nybo
Frederick C. Kiesinger
Duane Simmons
86
90
85
83
91
87
87
86
Page No.
108
79
94
39
132
29
6
153
58
63
46
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Case Name
FY
Region III - RCRA
Robert Clements, Inc.
William Dee
Robert Lentz
Carl Gepp
David Cohen
John Meighan
Cuyahoga Wrecking Corp.
Ernest Martin's Junk Yard
Overland Corporation
Publicker, Industries
Samuel Runfola
Virgil Cummings
Ernest Martin
Forms, Inc.
Phillip F. Trembley
Lackawanna Refuse Removal, Inc.
Northeastern Land Development Co.
Peter lacavazzi
Metro Container Corporation
Metro Enterprise Container
Sidney S. Levy
Steven Zubrin
Nanticoke Homes
Quality Research Labs, Inc.
Michael Yaron
Barak Yaron
William E. Willey
85
90
83
90
91
83
89
Region IV - RCRA
ABC Compounding Company, Inc.
William S. Armistead
Vincent Armistead
86
in
Page No.
26
90
126
72
98
144
154
7
101
40
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Case Name
i FY Page No. —
I
Region IV - RCRA (cont.)
James Angerami
Kenneth Birchfield
Glenda Newsome
Shawn Lee Rawls
Edwin Eugene Trout
Stephen Douglas Worley
Charles A. Donahoo, Jr.
d/b/a Charlie Wrecking
Reginald Max Goldsmith
Arthur J. Greer
Everett O. Harwell
Eugene Roy Baggett
Charles A. Hassler
James H. Hedrick
Teri, Lori, Chris, Inc. (TLC)
Alley-Cassetty Coal Company
Donald M. Draper
RAD Services, Inc.
Arthur Sciullo
George Gary
General Wood Preserving Co., Inc.
Larry Clay Lavender
George Mills
Performance Advantage, Inc.
Lyndol Bolton
Hayes International Corp.
Ray Kelley
V.O. Abrams
David Smith
Queen Products Company, Inc.
John Thomas Cottrell
iv
91 150 •
89 114 •
91 148 m
86 36 *
86 38 •
90 141 •
84 15
~
86 17
86 17 •
86 17 1
89 106 _
91 156 ™
84 22 •
84 20
I
91 153
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•1
1
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1
1
1
1
1
Case Name
Region IV RCRA (cont.)
R M Engineered Products Co., Inc.
Daniel J. Seeman
Albert R. Mersberg
Alvin P. Tiedemann
The Intertech Group
Sanchez Enterprises, Inc.
General Metals Fabricators, Inc.
Joseph P. Sanchez
Jean P. Sanchez (aka John Sanchez
Gale E. Dean
Norman F. Smith
Spartan Trading Co.
John Biddle
John McDonald
Johnny Clark
Don A. Scruggs, Jr.
John H. Taylor, Jr.
Taylor Laboratories, Inc.
Region V - RCRA
A-l Disposal
(Richard Shumaker)
Charles J. Berlin
Gerry Blanchard
Edward Viola
Maxine Fairchild
Donna Nims
Claude Aven
Barry Seace
William N. Bogas
Executive Advertising, Inc.
Thomas D. LaViolette
Roderick W. Reiser
Sentco Paint Manufacturing Co., Inc.
Roland N. Brothers
Rick N. Brothers
Donald Gerald Cole
Sam Minor
V
FY Page No.
90 144
90 137
86 36
88 82
89 105
86 35
91 150
QQ QQ
OC7 yy
86 35
91 149
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Case Name
FY
Page No.
Region V RCRA (cent.)
John Van Hoesen
John Suerth
Laurence M. Welch
J. Welch & Sons, Inc.
85
83
23
10
Region VT - RCRA
Baytank (Houston), Inc.
Odfjell Westfal Larsen (USA), Inc.
Haavar Nordberg
Roy Johnson
R.C. Tercic
Larry Pipken, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Johan Seale
Ulf Aune
Shelton Erickson
Albert S. {"Junior") Goodner, Jr.
Dennis J. Goodner
Jimmy C. Curry
Goodner Brothers Aircraft, Inc.
Goodner Bros. Farms, Inc.
Aircraft Refinishers, Inc.
Robert T. Kruse
Lee B. Grubbs
Carol K. Kisamore
Richard M. Mims
87
69
91
91
147
88
86
73
30
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Case Name
Region VI - RCRA (cont.)
Paul D. Zimmerman
Edsil M. Elledge, Jr.
Thomas G. Bentley-Smith
Robert Wells
Region VII - RCRA
Arneson Timber Company, Inc.
Commercial Metals Company, Inc.
(d/b/a Karchmer Iron and Metal Company)
Harold Belcher
James Vermillion
Jerold Gerhson
d/b/a Chemical Commodities, Inc.
Meryln Pollock
Region VIII - RCRA
Denver Sanitary
Frank Giardino
Donald Hughes
Andrew Fedorowicz
Di Giorgio Corporation
(dba Guaranteed Products of Colorado)
Eagle Picher Industries, Inc.
Richard Brown
Frankel Manufacturing Company
Great Western Inorganics, Inc.
Roger W. Vernon
Jay Hamburg
Neil Moser
Keebler Corporation
Layton Brothers Drum Co., Inc.
Willie Frank Hines
Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr.
vii
FY
90
86
88
89
87
87
90
86
86
90
86
86
85
87
Page No.
146
44
93
119
63
59
125
39
29
133
50
43
28
60
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1
Case Name
Reeian YIII - RQRA rcont.i
John Michael Nelson
NIBCO, Inc.
Protex Industries, Inc.
Donald J. Wilson
Charles Vesta Hyatt
Jay Allan Ringler
Signs, Inc.
Henry Kelly Logan
Unichem International, Inc.
Region IX - ,ECM
1
Chem-Wood Treatment Co., Inc.
Erie Kitagawa
Crittendon Conversion Corp.
Darrel A. Duisen
FY
86
89
87
90
91
90
88
90
86
Page Xo.
45
111
61
143
151
143
86
133
44
George W. Shearer
Glen D. Faulks
Rogelio Marin-Sagristo
Darrel A. Duisen
U.S. Technology and Disposal Service, Inc.
Tratamientos Petroquimilos
Mexicanos S. A. de C. V.
Guillermo Marin-Orosco
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
Robert E. Morrison
Jay L. Barnett
Neville Chemical Company
Charles E. Welch
Michael Robert Speach
Region X - RCRA
Robert K. Blackstone
Wendall Wayne Johnson
86
90
86
90
86
42
137
41
143
41
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Case Name
Region X - RCRA fcont.)
Peter Hedegard
Eric Myers
Janco United, Inc.
Douglas G. Hoflin
John Charles Nelson
Kevin J. Nice
Jeffery A. Gordon
Douglas T. Niemann
Chorine Kasema Mackenzie Nzau
(a/k/a Kasema Mackenzie)
Pacific Hide & Fur Depot, Inc.
William Knick
Jerry Graham
PureGro Company, Inc.
Jack White
Robert Dickman
Gary McCourt
Steven. Steed
Welco Plating, Inc.
J. C. Collins, Jr
Jack E. White
Brownie McBride
Jerry Findley
Henry White
FY
86
86
90
90
91
84
90
87
Page No.
37
32
142
142
152
97
12
145
Rogue Valley Circuits, Inc.
Richard A. Taggert
Keith Egan
Daniel Lee Turner
Wl?irt PPTJA
^rfi'ftw ~ frVArf*
Eason & Smith Enterprises, Inc.
Jere N. Ellis
James Floyd
91
85
87
88
87
154
26
53
80
63
79
54
IX
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CLEAN AIR ACT (CAA)
Clean Air Act (CAA)
Case Name
Region I - CAA
Bridgeport Wrecking Co., Inc.
.42 USC §§7401-7642
PL 91-604
PL 93-319
PL 95-95
PL 95-190
FY
Page No.
89 106
Peter Vileisis, Jr. 85 29
Maurice Fabian
Waterbury House Wrecking Co., Inc.
Region II - CAA
BAR Construction, Inc. 88 77
Maurice Dieyette
Hope Resource Recovery, Inc. 86 51
Region [II - CAA
Gregory Boone 89 102
Michael D'Avocato
Alex Feinman
Alan M. Franko 86 35
Irwin Pearlman 87 53
Salvatore C. Williams
Region IV - CAA
Louisville Edible Oil Products 90 134
(aka) Louisville E.O.P., Inc.)
Presidential, Inc.
Frank Reed Metts
A. Dean Huff
Raymond Carl Marrillia, Jr.
(aka Sammy Marrillia)
Region V • CAA
Cuyahoga Wrecking Corporation 89 120
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
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Case Name
FY
Page No.
Region VI - CAA
Norbert E. Gall
Dennis R. Alston
Phillip A. Williams
Brigitte G, Laurus
Freddie L. Fincher, Sr.
Donald L. Fincher
Edward F. Wiatt
Lee S. Woodside
Gary A. Masson
86
31
92
Region VII -CAA
John Meyer
87
59
Region VIII - CAA
James B. Hellman
Joel H. Lederman
Barry A. Seldin
William F. Smith
96
Region IX - CAA
Custom Engineering, Inc.
Billy Closson
Roger Scoggins
John Sidweil
Paul Chavez
Cuyahoga Wrecking Company
Leonard Capizzi
Chester Reiss, Sr.
James Abbajay
Robert Torok
Joseph A. Grossi
86
49
Region X - CAA
Euro-Auto Ltd. Inc.
James S. Strecker, Jr.
Barbara A. Strecker
Paul Warren Marquardson
Mario A. Segale
M.A. Segale, Inc.
William Bartholomew
87
91
85
55
155
23
XI
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Case Name
NEIC - CM
Albert Mardikian
Garo Mardikain
Sembat Agob
George Timothy Mercier
Timothy Scott McLeod
(Gulf States Oil and Refining Co.)
xii
^m
FY Page No.
85 27
1
86 42 _
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CLEAN WATER ACT (CWA)
Clean Water Act iCWA).
Marine Protection, Research and Sanctuaries Act.
(MPRSA)
.33 USC §§1251-1373
PL 92-500
PL 95-217
PL 100-4
.33 USC §§1401-1445
PL 92-532
Rivers and Harbors Appropriations Act of 1899.
(Refuse Act of 1899)
Safe Drinking Water Act (SDWA).
Case Name
Region I - CWA
Ballard Shipping Co.
lakovos Georgoudis
Borjohn Optical Technology
John Borowski
Marathon Development Corp.
Terrence Geoghegan
Robert and Scott McKiel
John Shepardson
David Boldt
Ocean Spray Cranberries, Inc.
Progressive Oil
Saunders Asbestos Service
Domenic Lamara
K. W. Thompson Tool Co., Inc.
(a/k/a Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
Kill
. 33 USC §§403,407,
409,411
PL 55-125
42 USC §§300f-300j
PL 95-190
PL 99-339
FY
Page No.
90
87
89
117
122
58
103
88
89
91
78
100
149
85
25
USM Corporation
Wells Metal Finishing, Inc.
John Wells
87
89
53
113
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Case Name
Region II - CWA
Coastal Steel Corporation
Exxon Corporation
Nathan Frenkel
Environmental Consulting and Testing Service, Inc.
John Mastrobuono
New York Bus Service
Plaza Health Laboratories, inc.
Geronimo Villegas
Region III i CWA
Ashland Oil, Inc.
Robert Thomas Barnes
Environmental Systems Services
George H. Garson
Georgia Bonded Fibers, Inc.
FY
83
91
83
89
91
89
88
84
85
86
Page No.
2
154
6
100
153
111
96
12
24
33
William G. Byles
James C. Kostelni
Daniel LaVietes
Paul Tudor Jones II
William B. Ellen
Francis Susan Moose
John Pozsgai
Shenango, Inc.
Nicholas 8. Buchko
Sunnylands, Inc.
William Ramagosa, Jr.
Robert Ramagosa
Sunrise Excavation, Inc.
Sunrise Ventures, Inc.
90
87
88
91
135
71
97
80
155
xiv
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Region IV - CWA
Samuel T. Alcus
Carson Hay
AEI-KAARS Drilling Ventures
AEI-KAARS Production Co.
Carson Associates, Inc.
John C. Auten
Columbia Marine Services, Inc.
William Kinzeler, Jr.
John L. Kinzeler
Croda Inks, Corp.
Gardinier, Inc.
James Holland
Mark Irby
Gary A. Keating, Sr.
Louisville and Nashville Railroad
Ocie Mills
Carey C. Mills
Ocean Reef Club, Inc.
Russell A. Post
Claude H. Gehman
Mark Malka
Nicholas Pasquariello
R-M Industries, Inc.
Southern Dredging Company
William J. Floyd
Douglas M. Floyd
Region V - CWA
Thomas P. Banaham
Raymond Borowski
Samar Chatterjee
XV
FY
90
90
83
91
88
84
90
90
83
89
86
90
90
91
91
83
87
Page No.
137
135
1
155
94
13
141
136
1
99
37
123
124
152
155
6
68
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Case Name
i
Region V -CWA
i
Enviro-Analysts, Inc.
John R. Ruetz
Robert E. Schloesser
Finishing Corp. of America, Inc.
John W. Rutana
Richard J. Fiorini
John C. Barnes
Stewart Roth
U.S. Plating Corporation
Pioneer Plating Co., Inc.
Robert Alley
Venus Laboratories, Inc.
Jay Woods Oil, Inc.
Edmund Woods
Frank Lynch
Region VI - CWA
Raymont T. Brittain
Robert C. Coble
Marine Shale Processors, Inc.
William W. Windham
Region VII - CWA
Arnold N. Graham
Dale L. Knoedler
Jim D. Newman
Roger Swenson
Maritz, Inc.
William E. Pieber
Pillsbury Company
Thomas Edward Francis
Rodney A. McFadden
Reidy Terminal, Inc.
Wisconsin Barge Line, Inc.
Anthony DeJohn
James Johnson
xvi
FY
90
89
90
90
85
87
90
89
89
86
85
84
91
87
Page No.
144
112
136
127
26
57
128
117
105
51
24
15
150
64
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Exxon Corporation 90 131
• Exxon Shipping Corporation
Fisher RPM Motors, Inc. 89 121
Rodney R. Fisher
• Weyerhaeuser Company 91 151
Weyerhaeuser Sawmill • Aberdeen)
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Region VII - CWA
Eric Donald Roth, Sr.
Stephen L. Johnson
Country Estates Investments, Inc.
Valmont Industries, Inc.
Jack Hawk
Duane Prorok
Region VIII - CWA
Central Valley Water Reclamation Facility Board
Ekotek, Inc.
Rocky Mountain Materials and Excavating, Inc.
Transit Mix Concrete Company, Inc.
Bill Walters Companies
Region IX - CWA
Aerolite Corporation
Arthur Thomas
Tony George Zulim
Salvadore Apodaca
Ralph Burgholzer
Lavell Mclntyre
Michael H. Weitzenhoff
Thomas W. Mariani
Charles A. Reevess
FY
85
89
89
88
90
86
89
89
90
88
86
91
Page Xo.
28
101
109
85
142
40
100
102
130
81
52
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Case Name
FY
Region X - CWA (com.)
Bruce Norman Barker
Washington Boat Center, Inc.
Marine Power and Equipment, Inc.
Richard C. Woeck
Peter F. Woeck
Lloyd Anderson
Frank Brady
Nabisco Brands, Inc.
Willard L. Kaser
William Parks
Olympus Terrace STF
Lawrence Ostler
Pennwalt Corporation, Inc.
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
Riedel International, Inc.
James A. Repman
Ronald E. Summers
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
George Scofield
Robert Squyres
Sea Gleaner Marine, Inc.
Paul D. Schwitters
Sellen Construction
Gary Rager
Sherman Smith
The Wyckoff Company, Inc.
William C. Cairns
David G. Chevalier
Charles D. Hudson
Donald D. Johnson
86
86
86
88
86,88
86
89
84
Page No.
47
47
46
108
84
96
43
91
48
111
110
IB
XVlll
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FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA)
Federal Insecticide, Fungicide and Rodenticide Act 7 USC §136
(FIFRA) PL 92-516
PL 95-396
Case Name FY Page Xo.
Region III - FIFRA
Orkin Exterminating Co. 88 81
Region VII - FIFRA
Bryce Anderson 83 9
Randy Zimmerman
Region VIII - FIFRA
John Martin Anderson 84 19
Ross L. Talbott 85 24
Ross M. Talbott
Region X - FIFRA
Argent Chemical Laboratories, Inc. 88 76
Eliot L. Lieberman
Beatriz F. Shan ah an
Ronald Rollins 88 92
W.B. Sprague Company, Inc. 84 18
Alfred H. Treleven
Laurence R. Treleven
xix
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TOXIC SUBSTANCES CONTROL ACT (TSCA)
Toxic Substances Control Act (TSCA) ; 15 USC §§2601-2654
PL 94-469
PL 99-519
Case Name FY Page Xo.
Region I - TSCA
Electro Sales Co., Inc. 84 15
Region III - TSCA
Freeman Krum 87 58
Gary L. Powell 89 116
Harry G. Stafford
Region IV - TSCA
American Electric Corporation 84 13
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
Onis Lynwood Holley 83 10
Region V - TSCA
Cambridge Mill Products, Inc.
Charles LeBeau, Jr.
Electric Service Company
Laddie F. Snyder
Ernest J. Mondron
Franklin O. Baker
Wallace D. Childers
Patrick W. Paciesas
John Plantan
Ronald C. Shawl
Transformer Services (Ohio), Inc.
Gregory A. Booth
Robert W. Rafferty
Tracy Westfall
Herman Zeldenrust
86
86
87
83
90
83
51
34
65
66
81
11
138
9
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Case Name
W.C. Carolan
James Carolan
Christopher Gosch
Sharon Hayes
Drum Recovery, Inc.
Gary Van Lorn
Eugene F. Tienken
Charles Tuttle
Vernon L. Baseman
David R. Faulkner
FY
Region VII - TSCA
89
Region X - TSCA
84
EPA - NEIC - TSCA
83
xxi
Page No.
67
Dwight E. Thomas, Jr .
John Moran, Jr.
Patrick E, Perrin
Dwight E. Thomas, Jr.
Regiop IX - TSCA
CSI Technologies, Inc.
Custom Food Machinery
Ronald McNeil
Eugene Welch
88,89
87
87
85
87
62
66
26
57
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COMPREHENSIVE ENIRONMENTAL RESPONSE COMPENSATION
AND LIABILITY ACT
Comprehensive Environmental Response
Compensation and Liability Act (CERCLA)
Case Name
Region I -CERCLA
SCA Chemical Services (MA), Inc.
W. R. Grace & Co.
Reman IV - CERCLA
Sam L. Story
Reman V - CJERCLA
CfiRCL
John J. Melle
Region VI - CERCLA
Inman and Associates, Inc.
John McMichen
Reeion IX - CERCLA
A. C. Limtiaco, Inc.
Antonio C. Limtiaco
Reman X - CERCLA
Bert Michael Willard
(aka Mike Willard)
xxn
.42 USC §§9601-9675
PL 96-510
PL 99-499
FY
84
87
91
90
90
90
90
Page No.
22
56
152
123
130
124
136
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SAFE DRINKING WATER ACT (SDWA)
Safe Drinking Water Act 42 USC § SOOh-2
Case Name
FY
Page No.
Region I
Gerald Elwell
Websterville Fire District #3
The Prudential Committee
W. John Mitchell
Gary Brouillette
Murray L. Lewis
Bertha Lewis
Glen Weatherbee
Glenn Weatherbee Supply, Inc.
J&J Investments
91
91
147
148
91
148
Region IV
91
151
Region V
90
136
XXlll
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U.S. CODE: TITLE 18 CRIMES AND CRIMINAL PROCEDURE
Case Name
Regjonl
Phil J. Lambert, Jr.
Phil J. Lambert, Inc.
Regionll
A&A Land Development
Angelo Paccione
Vulpis Brothers, Ltd.
Anthony Vulpis
August Recycling, Inc.
Rosedale Carting, Inc.
Stage Carting, Inc.
National Carting, Inc.
New York Environmental Contractors, Inc.
W&W Properties
Konstandt Laboratories, Inc.
Felix Konstandt
RegionV
John Pizzuto
Pollution Control Industries of America, Inc.
Kevin P. Prunsky
RegionVI
Control Sewer & Pipe Cleaning
(aka Control Disposal Company, Inc.)
Steve Charo
Herman Goldfaden
RegionVlII
Michael Levine
XXIV
FY
Page No.
125
89
115
90
122
90
89
131
110
90
128
90
136
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