NEIC
SUMMARY OF CRIMINAL PROSECUTIONS RESULTING
FROM ENVIRONMENTAL INVESTIGATIONS
April 1987
vvEPA
national enforcement investigations center
denver federal center bldg 53, box 25227 denver, co 80225
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING
SUMMARY OF CRIMINAL PROSECUTIONS RESULTING
FROM ENVIRONMENTAL INVESTIGATIONS
April 1987
Office of Criminal Investigations
National Enforcement Investigations Center
Denver, Colorado
"The attached summary is based on the best available information.
Anyone relying on this summary should verify the information with
the Clerk of the Court for the United States District Court, where
the official records are filed."
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TABLE OF CONTENTS
Section I Resource Conservation and Recovery Act (RCRA)
Section II Clean Air Act (CM)
Section III Clean Water Act (CWA)
Section IV Federal Insecticide, Fungicide, and RodentLcide
Act (FIFRA)
Section V Toxic Substances Control Act (TSCA)
Section VI Comprehensive Environmental Response, Compensation
and Liability Act (CERCIA)
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SECTION I
Resource Conservation and Recovery Act (RCRA)
Resource Conservation and
Recovery Ace (RCRA) 42 USC S§ 6901-6991
PL 94-580
PL 96-482
PL 98-616
Emergency Planning and Community
Right to Know Act (EPCRA) 42 USC 11045
PL 99-499
Hazardous Materials Transportation
Act (HWTA) 42 USC §§ 1801-1813
PL 93-633
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04/22/87 - I
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY
Oefendant(s)/0ocket No./Court
Facts and Status
A C. Lawrence Leather Company,
Lawrence K. Barber
Francis E Stone
Richard S. Johnson
Weymouth E. Marshall
Robert F Goodspeed
82-00037
(0 N H )
Inc.
EPA Region I
Facts: Wastewater discharged from large leather tanning facility in Winchester into
Ashuelot River in violation of NPDES permit. Plug in pipe removed, allowing dis-
charge 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 tan-
ning industry covering all pollutants generated during manufacturing operations.
Marshall was president; Goodspeed, vice president; Johnson, plant superintendent;
Stone, director of manufacturing and Barber was forner 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); 5 counts mail fraud [18 U.S.C.
§1341], 43 counts discharge of pollutants in violation of NPOES permit under
Clean water Act, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§1311(a) and
1319(c)(l)]; 15 counts submittal of false stateaents [18 U.S.C. §1001], and four
counts malting false claims to EPA [18 U.S.C. §287].
Barber - One count 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 stateaents.
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
Goodspeed - 43 counts of discharges in violation of Clean Water Act.
03/10/83 Individual defendants each pled guilty after Government's opening argument
at trial.
Barber and Stone - Five counts under Clean Water Act and one count false
statements.
Marshall and Goodspeed • Five counts under Clean Water Act
Johnson - Ten counts under Clean Water Act.
04/07/83- Company convicted by jury on all counts
sentencing information)
(See following section for
A. C Lawrence Leather Company,
Weymouih E. Marshall
Robert F Goodspeed
Francis E Stone
Bernard Davis
83-00007
(D.N.H.)
Inc. Facts: Same defendants plus Oavis, 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 \r\ second seven-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). t*o
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(3)
[42 U.S.C. §9603(0)]; and one count failure to notify of existence of Hazardous
waste facility in violation 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.
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04/2Z/87 - 2
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cent.)
Defendant s)/Docket NO /Court
Facts and Status
A. C. Lawrence Leather Company, Inc.
(cont.)
A C. Lawrence Company,
Robert F Goodspeed
83-00020
(O.N.H )
Inc
EPA Region I (cont.)
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
04/29/83: Superseding information filed charging two additional counts:
Company - One count subnittal of false statements under RCRA, Sec. 3008(d)(3)
[42 U S C §6928(d)(3)].
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 pled 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 sub-
mi ttal of false statements under RCRA, Sec. 3008(d)(3)
Marshall - One 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
release 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 indict-
ments (and superseding information) as follows.
Company - Fined under first indictment $5,000 on conspiracy count; $200 on
each mail fraud count for sum of SI,000, $10.000 on each of five Clean 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
5 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
Barber - Under first indictment only, for five Clean Water Act counts. 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service activities, and $2.500 fine on each count for sum of $12.500. for
false statement count. 1 year imprisonment (execution suspended) plus 2 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, 1 year imprisonment (execution suspended)
plus 2 years probation (to be served concurrently) and $5,000 fine, for 2 CERCLA
counts and one RCRA storage count, 1 year imprisonment (execution suspended)
plus 2 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 indict-
ment and grand total under both indictments of $27,500
Johnson - Under first indictment, for 10 Clean Water Act counts: 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service and $2,500 fine on each count for sum of $25,000 with all but
$5,000 suspended.
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04/22/87 - 3
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant(s)/Docket No /Court
Facts and Status
A C Lawrence Leather Company, Inc.
(cont.)
Robert E Derecktor of
Rhode Island, Inc
151 East Post Road Corporation,
Rooert E. Derecktor
86-022
(D R I)
Johnson & Towers,
Peter Angel
Jack W Hopkins
83-00083
(D.N J )
Inc
EPA Region I (cont.)
Marshall - Under first indictment for five Clean Water Act counts- 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service and $2,500 fine on each count for sum of $12,500. Under second
indictment, for CERCLA. Sec. 103{c) count, 1 year imprisonment (execution sus-
pended) plus 2 years probation (to be served concurrently) and $5,000 fine (with
all but 12,500 suspended), for grand total under both indictments of $17,500
(less $2,500 suspended)
Goodspeed - Under first indictment for five Clean Water Act counts. 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service activities and $2,500 fine on each count for sum of J15.000
Under second indictment; for 2 CERCLA counts. 1 year imprisonment (execution
suspended) plus 2 years probation (to be served concurrently) and $5,000 fine on
each count for sun of $10,000 under second indictment and grand total under bom
indictments of $22,500.
Charges against Davis dismissed.
04/12/84 Company, Barber, Stone. Johnson, Marshall and Goodspeed all piaced 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 3 years (to
04/11/87)
Facts. Robert E Oerecktor is president of Derecktor. Inc., operator of shipyard for
building and repairing vessels located on Coddington Grove in Middletown Post Roaa
Inc corporation owns farm in Portsmouth occupied by Robert E. Oerecktor Transformers
from shipyard leaking PCBs found buried at farm.
05/20/86. 46-count indictment returned charging each defendant as follows.
Derecktor, Inc. - 6 counts under TSCA for PCB violations [15 U.S.C §§2614(l)(c)
ana 2615(b)j, two counts failing to report release of PCB and asbestos in vio-
lation of CERCLA, Sec 103(b) [42 U.S C §9603(b)], 29 counts discharging pollu-
tants 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(c)(l)]. two counts storage and dis-
posal of hazardous wastes without permit in violation of RCRA, Sec. 30Q8(d)(2)
[42 U.S.C. §6928(d)(2)], four counts violating NESHAP work practice standards
for asbestos removal in violation of Clean Air Act, Sees. 112 and 113(c)(l) [d?
U S C. §§7413(c)(l)(C). 7412(c)(l)(B) and 7412(e)(5)] and one count violation of
Hazardous Materials Transportation Act (HHTA) [49 U S C §1809(b)]
Derecktor - Seven counts PCB violations under TSCA, one count under HHTA, one
count failing to report release of hazardous substance (PCBs) under CERCLA, one
count conspiracy [18 U.S.C §371], and 29 counts discharging pollutants without.
permit
East Post Road Corporation - Two counts PCB violations and one count failure tc
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 Oerecktor was sentenced to
$75,000 fine on his plea of guilty to violating three counts of TSCA and to 5 years
of probation for an additional count of violating TSCA
EPA Region II
Facts. Over 3-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, dichloronethane, chlorobenzene,
tetrachloroethylene, toluene and ethylbenzene. On third day, pollutants spilled into
Parker Creek. Angel was former plant supervisor, Hopkins worked as plant foreman ana
Johnson was vice president for operations.
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04/22/87 - 4
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant(s)/Docket No /Court
Johnson & Towers, Inc.
(cont )
Peter Johnson
86-3134C
(0 N J )
Fried Industries, Inc
85-58
(D N J )
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Eouipment and Technology, Ltd.
85-1134
(SO NY)
Facts and Status
EPA Region II (cont.)
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 vio-
lation of RCRA, Sec. 3008(d)(2) [42 U.S C. §6928(d)(2)], one count discharge of
pollutants without NPOES permit in violation of Clean Water Act, Sees 301 and 309
(c)(l) [33 U.S C §§1311 and 1319(c)(l)]. and one count conspiracy [18 U S.C. §371].
07/08/83
fine
Company pled guilty to three counts under RCRA and sentenced to $20,000
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 aopeal, Third Circuit 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. Gov-
ernment 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 with one count discharging pol-
utants without NPOES permit in violation of Clean Water Act, Sees 301 and 309(c)(l)
[33 U S C. §§1311 and 1319(c)(l)].
04/30/86 Johnson pled guilty to Clean Water Act count.
06/17/86 Johnson sentenced to $2.500 fine.
Facts Manufacturer of cleaning agents and detergents stored and disposed of indus-
trial chemicals containing methylens chloride, trichloromethane, phenanthrene and
bis-phthalate without permit and without notification to EPA.
07/31/85. Company waived indictment and pled 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(0)] Com-
pany sentenced on same date to $40,000 fine
Facts- President (Charles Colbert) and vice president (Jack Colbert) of cnemical
trading business in Mount Vernon shipped recycled chlorinated solvent mixture con-
taining only IX 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 botrt
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 §1503].
05/08/86 30-count superseding filed charging Charles and Jack Colbert with one
count conspiracy, 15 counts wire fraud, six counts mail fraud, six couts false state-
ments, 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 6 days of trial, jury verdicts of guilty returned against Charles
and Jack Colbert (27 felony counts each) and against Signo Trading and SCI (25 felom
counts each)
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04/22/87 - S
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendants)/0ocket No./Court
Facts and Status
Charles Colbert, etc
(cont.)
Howard J Nybo
86-91
Frederick C. Kiesinger
86-92
Ouane Simmons
86-93
Will & Baumer, Inc.
86-94
(N D. N Y )
Joseph Tietelbaum
87-75
(0 NJ)
Lackawanna Refuse Removal, Inc.
Northeastern Land Development Co.
Peter lacavazzi
82-00173
(M 0. Pa )
EPA Region II (cont.)
07/28/86: Both Colberts sentenced to total 13 years imprisonment each (to run con-
secutively with other State or Federal sentences), $1,350 in costs under Comprehen-
sive 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.
Facts. Discharge of pollutants, including phosphoric acid, arsenic, lead, chromium.
phosphorus, nickel and manganese, through ditch or stream into Ley Creek without
notice to National Response Center Company is candle making factory near Onondaga
Lake Nybo is executive vice president, Kiesinger is vice president in charge of
manufacturing and Simmons is plant maintenance engineer.
05/02/86. Each defendant charged under separate indictment, all filed on same date
as follows
Nybo - Two counts discharging pollutants without permit in violation of Clean
Water Act. Sees 301(a) and 309(c)(l) [33 U.S.C. §§1311(a) amd 1319(c)(l)] and
two counts failure to report release of hazardous substance under CERCLA, Sec.
103(b) [42 U.S C. §9603(b)]
Kiesinger - Two counts discharge without permit under Clean Water Act, Sees.
301(a) and 309(c)(l) and one count failure to notify under CERCLA, Sec. 103(b).
Simmons - One count under Clean Water Act. Sees. 301(a) and 309(c)(l).
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 disoosal
of hazardous waste without permit in violation of RCRA, Sec 3008(d)(2)
[42 U S C §6928(d)(2)] and one count conspiracy [18 U.S.C. §371]
Defendants each pled guilty to all charges
06/10/86: Defendants sentenced as follows
Nybo - 1 year imprisonment (execution of sentence suspended). 2 years probation-,
$24,000 total fine and 400 hours community service
Kiesinger - 3 months imprisonment (execution of sentence suspended), 2 years
probation, $12,000 total fine and 200 hours community service
Simmons • 3 months imprisonment (execution of sentence suspended). 2 years pro-
bation, $5,000 fine plus $25 special assessment and 100 hours community service.
Company - $360.000 total fine ($300,000 stayed) plus $225 special assessment. 3
years probation with condition that Company commit no violation of environmental
laws.
Facts Josepn 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 Newanr
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.S C. Section 371 ana :nree
counts for transporting hazardous waste without a manifest form to an unpermittea
disposal facility in violation of RCRA [42 U.S C. §§6928(d)(l), 6928(d)(2)(A) ana
6928(d)(5)]
EPA Region III
Facts: Industrial sludges and wastes deposited at Old Forge Borough sanitary land-
fill site. Lackawanna denied to EPA that disposal had occurred lacavazzi was pres-
ident of Lackawanna.
11/16/82. Two-count indictment filed charging:
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04/22/87 - 6
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant 5)/Oocket No./Court
Facts and Status
Lackawanna Refuse Removal, Inc
(cont.)
Michael Yaron
Barak Yaron
Quality Research Labs, Inc.
(Commercial Research Labs)
83-00170
(E D Pa.)
Barak Varon
83-00282
(E 0 Pa )
EPA Region III (cont.)
Northeastern and lacavazzi - One count failure to notify of existence of hazard-
ous 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 pled guilty. Plea a9reement contained confession of lia-
bility by parties and provision whereby 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 sentenced to $10.000 fine. Charges
against lacavazzi dismissed upon his agreement to cooperate.
Facts. Joint EPA/FBI investigation Hazardous wastes, including 1,1.1 trichloro-
ethane, 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 Corwalls Heights False responses also made on EPft
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 Nenon (former president and principal owner) were
indicted on four counts of related nonenvironraental charges with regard to their SUQ-
mission of storm damage insurance claims, mail fraud [18 U.S.C. 51341]. 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
Michael Yaron - Two counts false statements [18 U.S.C. §10011, two counts stor-
age and disposal of hazardous wastes without permit under RCRA, Sec
3008(d)(2)(A) [42 U S C. §6928(d)(2)(A], and one count failure to notify of
release of hazardous substance under CERCLA, Sec 103(b) [42 U S C
§9603(b)]
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.
08/16/83: Superseding information filed charging Barak Yaron with one count under
CERCLA, Sec. 103(b)
08/01/83- Barak Yaron - Pled guilty to one count failure to notify of release of
hazardous substance under CERCLA.
08/03/83 Company - Pled guilty to one count disposal of hazardous wastes.
08/23/83. Michael Yaron - Pled guilty to one count disposal of hazardous ..astes
without RCRA permit and one count failure to notify of release of hazardous substance
under CERCLA
09/26/83. Defendants sentenced as follows
Barak Yaron - $2,000 fine plus 3 years probation.
Company - $10,000 fine
Michael Yaron • $5,000 fine plus 2 years imprisonment (all but 6 months sus-
pended) plus 5 years probation on RCRA count. On CERCLA count, $5,000 fine olu
1 year imprisonment (all but 6 months suspended) and 5 years probation (impris-
onment and probation to run concurrently with RCRA disposal count).
01/24/84- Sentence of Michael Yaron modified. Restitution reduced to $55.600
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04/22/87 - T
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Oefendant(s)/0ocket No /Court
Facts and Status
George Henry Garson
(Barrett Chemical Company)
85-00001
(E 0 Pa.)
Robert Clements,
85-00069
(E.G. Va )
EPA Region III (cont.)
Facts- Waste solvents introduced into POTW causing potential fire and explosion
hazard. Garson was 71-year-old former president.
01/03/85. One-count information filed charging defendant with violation of pre-
treaunent standards under Clean Water Act, Sees. 307(b)(l) and 309(c)(l) [33 U S C.
§§1317(b)(l) and 1319{c)(l)].
01/05/85 Defendant pled guilty.
01/10/85. Defendant sentenced to $2,500 fine and 3 years probation, including 2
hours per week community service during first year.
Inc 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 charg-
ing 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.
EPA Region IV
Arthur J. Greer Facts Proprietor and operator of four now defunct hazardous waste handling com-
85-00105 panies based in Orlando, endangered employees by directing them to test chemicals
(M 0 Fla ) such as cyanide. 1,1.1-tnchloroethane, 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-
tnchloroethane, and mis label ing 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)j, one count failure to notify of release of hazardous sun-
stance under CERCLA, Sec 103(b) [42 U S C §9603(b)], one count making false claim
18 U.S C §287], one count nislabeling hazardous waste under RCRA, Sec. 3008(d)(3)
42 U.S.C §6928(d)(3)] and six counts knowing endangerment under RCRA, Sec 3008(e)
42 U.S.C. §6928(e)].
06/02/86: Judge granted directed verdict of acquittal on one count mail fraud and
five counts 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 mis label ing and one count of illegal
disposal.
08/05/86 Notice of appeal on directed verdict filed by government.
09/16/86 Defendant sentenced to 5 years imprisonment (all but 3 months susoeraed).
4 years and 9 months probation, 1,000 hours community service and $23,000 fine.
09/23/86 Defendant filed notice of aooeal
Performance Advantage, Inc
Lyndol Bo 1 ton
84-00122
Hayes International Corporation
Louis H. Beasley
Perfomrance Advantage, Inc.
Lyndol Bolton
Ray Kelley
V. 0 Abrams
David Smith
84-00123
(M.D. Ala.)
Facts. Pollutants discharged through nose from lagoon into water by facility proces-
sing waste oil and jet fuel (Performance Advantage) Hazardous waste from company in
business of removing paint from used aircraft (Hayes International) disposed of ana
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 80Iton
with four counts discharge of pollutants without NPOE5 permit in violation of Clean
Water Water Act, Sees. 301 and 309(c)(l) [33 U.S.C §§1311 and 1319(c)(l)]. Second
indictment charged 19 counts as follows-
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04/22/87 - 8
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defenaant(s)/0ocket No./Court
Facts and Status
Performance Advantage, Inc.
Hayes International Corporation
(cont.)
Ray Kelley
86-189 N
(MO Ala.)
EPA Region IV (cont.)
Hayes and Beasley - Eight counts transportation of hazardous waste to unper-
mitted 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 viola-
tion of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. §6928(d)(2)(A)], one count con-
spiracy [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 Know-
ing enaangerment in violation of RCRA, Sec. 3008(e) [42 U.S C. §6928(e)], one
count failure to report release of hazardous substance under CERClA, Sec L03(o)
[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, 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(d)(2), 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 pled 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)
10/16/84: Court entered judgment of acquittal as to Abrams and Smith after conclu-
sion of government's case
10/17/84. After both sides rested, Court acquitted Hayes International and Beasley
on five storage and disposal counts
10/19/84 Jury returned guilty verdicts against Hayes International and Beasley on
eight counts each of transportation to unpermitted facility under RCRA, Sec
3008(d)(l). Both defendants acquitted on conspiracy counts
11/15/84: District Judge Robert Varner set aside jury verdicts and acquitted riayes
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 5 years prooation
on Clean Water Act count and 5 years prooation on RCRA count, sentence to run
concurrently
12/13/84- Protective notice of appeal filed by government in Eleventh Circuit with
respect to decision overturning jury veraicts against Hayes International and
Beasley
06/18/85. Government's brief filed in Eleventh Circuit
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)]
-------
04/22/87 - 9
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cent.)
Defendant s)/0ocket No /Court
Facts and Status
Ray Kelly
(cent.)
ABC Compounding Company, Inc
William S Armistead
Vincent Armistead
85-484
(N D. Ga.)
James H Hedrick
Tern . Lori, Chris, Inc.
84-00008
(W 0 Ky.)
James H Hedrick
T L C , Incorporated
84-00084
(M D Tenn )
EPA Region IV (cont.)
03/03/87 After a 2-day trial, the jury returned a guilty verdict to all three
counts of the indictment charging Ray Kelley with storage of hazardous waste without
a RCRA permit.
George Mills Facts: Storage of hazardous waste and failure to give required notification of
84-00165 existence of hazardous waste facilities located in Nashville and Smyrna, Tennessee
(M.D. Tenn.) and in Semes, Alabama.
09/19/84: Four-count indictnent 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)j 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)]
George Mills 11/28/84: One-count information filed in United States District Court for Southern
84-00119 District of Alabama charging violation of CERCLA, Sec. 103(c) for failure to notify
(S D Ala ) 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 5 years probation, $30,000 fine and condition that fui:
written account of actions and recommendations for compliance to avoid similar con-
traventions of environmental laws be submitted to professional journals in field
Facts Company engaged in business of selling, blending, mixing and packaging chemi-
cals for use as domestic and industrial cleaners, solvents, aerosols and pesticides.
William Armistead was vice president and part owner and Vincent Ami stead, his son,
was plant supervisor.
12/18/85. Company waived indictment and entered guilty plea to three-count informa-
tion 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(d)(2)(A)j and one count failure to notify of release of hazardous
substance under CERCLA, Sec. 103(b) [42 U S.C. §9603(b)] William Araistead and
Vincent Armistead each charged with one count conspiracy and one count disposal of
hazardous waste without RCRA permit ana eacn pled 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 1 year probation,
$20,000 fine and ordered to complete cleanup of Jim's Old Plant in northwest AUan:a
Facts: Transportation, storage and disposal of electric furnace emission control
dust containing lead and cadmium without permit to facilities in Kentucky and Ten-
nessee. Tern, Lori, Chris, Inc (T L C ; is chemical brokerage firm with Hedncn a
president.
05/09/84. Three-count indictment filed in United States District Court for Western
District of Kentucky charging Hedrick and Tern, 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)I
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) and one count
disposal of hazardous waste without permit in violation of RCRA, Sec. 3008(d)(2)(A).
07/18/84: Hedrick pled guilty to both counts charged in Middle District of
Tennessee.
07/18/84: Company pled guilty in Middle District of Tennessee to same counts
-------
04/22/87 - 10
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendants)/Docket No. /Court
Facts and Status
James H Hedrick
(cont.)
Alley-Cassetty Coal Company
Donald H. Draper
85-00043
(M.O. Tenn )
Alley-Cassetty Coal Company
Donald M Draper
85-00007
(W D Ky )
RAO Services, Inc
Author Sciullo
George Gary
86-00011
(W.D Ky )
EPA Region IV (cont.)
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 1 year and 1 day imprisonment for charges in Middle
District of Tennessee plus 3 years probation and 200 hours community service. Com-
pany fined $5,000 for charges on same count
03/19/85: Hedrick sentenced to 1 year and 1 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 con-
trol dust to strip mine sites. 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)
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).
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 1 year and 1 day
imprisonment with all but 6 months suspended (sentence recommended to be served in
half-way house), 2 years probation and $8,000 fine (to be paid within 7 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 1 year and 1 day
imprisonment (all but 6 months suspended) plus 2 years probation. Incarceration
to be served concurrently with sentence imposed in Tennessee; however, Draper not ta
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 oy Tennessee State Administrative
authority.
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 vice president and Gary is head of chemical division
04/25/86: Five-count indictment filed in Western District of Kentucky charging Com-
pany with three counts storage of hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2), one count transportation of hazardous waste to unpernitted
facility in violation of RCRA, Sec. 3008(d)(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: RAO Services pled guilty to two counts of RCRA storage violations. Gary
Ione such count and
CRA storage violation.
pled guilty to one such count and Sciullo pled guilty to one count conspiracy ana
one count Rf~~
12/01/86:
1 year
RAO Services was sentenced to a total fine of $75,000 to be paid within
-------
04/22/87 - 11
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant(s)/Docket No./Court
Facts and Status
RAO Services, Inc.
(cont.)
EPA Region IV (cont.)
Gary - Sentenced to 2 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 2 years of probation
Scuillo - Sentenced to two concurrent 2-year terms of incarceration with all but
6 months suspended, a $10,000 fine, 200 hours of community service and 2 years
probation
Norman F
65-00092
(M 0 Fla )
Smith
Everett 0 Harwell
Eugene Roy Baggett
(Southeastern Waste
Treatment, Inc
85-28
(NO Ga )
Laurence H Welsh
J Welsh i Sons, Inc.
(Barry Air Tool Supply)
83-60S43
(E.O. Mich )
Facts. Companion case to Greer. Fraudulent invoices dated July 1982 mailed to
Florida State Department orTnvironmental Regulation (OER) 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 Sanford. OER had con-
tracted with Greer and Greer had sub-contracted to Smith. 11/21/85: Indictaient
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. 4 years probation and restitution of
$5,420
Facts President (Harwell) and vice president for operations (Baggett) of waste
treatment company disposed of electroplating wastes without permit, filed false
statements with Gerogia Environmental Protection Division. Defendants also trans-
ported 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 an
12/11/85) Harwell and Baggett charged with one count conspiracy to violate 18
U S C §1001 and 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)(2)(A)], one count transportation
of hazardous wastes to unpermitted facility under RCRA, Sec. 3008(d)(l) [42 U.S.C.
§6928(d)(l)] and one count storage of hazardous waste without permit under RCRA. Sec.
3008(d)(2)(A) [42 U.S C §6928(d)(2)(A)] 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 fail-
ure to notify of release of nazardous substance under CERCLA, Sec. 103(b) [42 U.S.C.
§9603(b)].
10/29/86 Defendants each pled guilty to one felony count of treating and disoosing
of hazardous (electroplating) wastes without a permit, in violation of Sec
3008(d)(2) of RCRA. Harwell also pled guilty to one 18 U S C §1001 false statement
felony count Baggett also pled guilty to a RCRA unpermitted transportation of hai-
ardous waste felony count in violation of 42 U S C. §6928(d)(l)
10/05/87 Harwell sentenced to 3 years imonsonment and $20,000 fine Baggett sen-
tenced to 18 months imprisonment and $10.000 fine
EPA Region V
Facts Hazardous waste consisting of discarded paint, varnish and other ignitabie
substances stored without permit and transported to unpermitted facility Laurence
is president and operator of Company in the panning lot maintenance business.
09/21/83: Four-count information filed charging each defendant with one count stor-
age 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 wazste to unpermitted
facility of violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. §6928(d)(l)]
10/05/83: Both defendants pled guilty to all charges.
-------
04/22/87 - 12
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Oefendant(s)/Docket No /Court
Facts and Status
Laurence M Welsh
(cont )
EPA Region V (cont.)
12/13/83: Welsh sentenced to 2 years imprisonment (all but 4 months suspended) and
2 years probation. Company sentenced to SI.000 fine
John Van Hoesen
(QuVoe Chemical Industries, Inc.
84-00838
(N D 111 )
John Suerth
84-00840
(N 0 111 )
Executive Advertising, Inc
Thomas David laViolette
Roderick Warren Reiser
85-80795
(E D Mich )
Charles j Berlin
85-50057
(£ 0 Mien )
Facts: 150,000 gallons of spent halogenated solvent handled without oermit at chemi-
cal recycling facilities in Schiller Park and Oes Plains and false statements mace ta
EPA claiming exemption from regulations. Van Hoesen is managerial employee Suerth
is president.
11/15/84 Information filed charging Van Hoesen with one misdemeanor count for con-
cealing records under RCRA, Sec 3008(d)(4) [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(d)(D], 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 pled guilty to one RCRA count
11/29/84 Superseding indictment filed charging Suerth with same substantive
charges.
01/16/85 Van Hoesen sentences to 3 years probation plus $4,000 fine and 300 hours
community service.
03/25/85 Suerth pled guilty to suoerseding information filed on same date charging
two counts concealment of required records under RCRA, Sec. 3008(d)(4)
05/24/85 Suerth sentenced to 9 months imprisonment plus 5 years probation and
S25.000 fine
Facts. Approximately 100 drums containing waste inks and lacquers found in abandoned
warehouse in Detroit LaViolette was Company president and part owner Reiser -as
Company vice president and part owner
11/20/85: Three-count indictment filed against Comoany, LaViolette and Reiser cnarg-
ing one count transportation of hazardous waste to unpermitted facility under SCRA,
Sec 3008(d)(l) [42 U S.C. §6928(d)(l)], one count treatment, storage and disposal af
hazardous waste without permit under RCRA. Sec. 300S(d)(2)(A) [42 U S C
§6928(d)(2)(A)]. and one count conspiracy to violate RCRA [18 U.S C §371]
01/23/86: Company, LaViolette and Reiser eacn 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 $50,000 fine Each individual sentenced to 2 years
imprisonment (all but 60 days suspended), 3 years probation. 400 hours community
service and SIS,000 fine
Facts Burial of five underground storage tanks containing C-56 and other combounds.
hundreds of barrels containing paints, acids and cyanide; plus paint sludges dumoed
into covered earthern trench, all prior to enactment of RCRA at largest 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(0].
11/08/85- Superseding indictment filed charging same count
01/16/86: Defense notion for directed verdict of acquittal granted on ground that
Government failed to prove specific knowledge of defendant
-------
04/22/87 -
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant s)/0ocket No. /Court
Facts and Status
Richard M Minis
(Brass Mill Co.)
85-252
(N D Tex.)
Arneson Timber Company, Inc
86-00097
(E 0 Mo.)
Layton Brotners Drum Company, Inc
Willie Frank Mines
85-00174
(0 Colo )
Eagle Picner Industries, Inc.
35-343
Richard Brown
86-005
(0 Colo )
EPA Region VI
Facts. Former president of brass plating company directed employees to dump 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(d)(2)].
08/28/85: Defendant pled guilty
09/25/85. Defendant sentenced to 2 years probation and $2,500 fine payable either in
lump sum or monthly installments
EPA Region VII
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. 103(b) [42 U.S.C.
§9603(b)]
04/29/86- Company pled guilty and sentenced to $7,500 fine ($3,500 stayed) plus S25
special assessment and 2 years probation.
EPA Region VIII
Facts Storage and disposal of hazardous waste without permit, and transportation af
hazardous waste via interstate highway 1-70 through Eisenhower Tunnel without mani-
fests 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 wunout
permit, all in violation of RCRA. Sec. 3008(d)(2) [42 U S C. §6928(d)(2)], one count
false statements [18 U S C §1001], one count violation of the Refuse Act [33 U S C.
§407], and one count violation of the Hazardous Materials Transportation Act (HMTA)
[49 U.S.C §1809]. Mines cnarged with one count false statements
07/12/85:
counts.
Superseding information filed against same defendants charging same
09/12/85 Company entered guilty plea to one count violation of Refuse Act and one
count violation of HMTA. Charges against Mines dismissed
10/24/85: Company sentenced to $10,000 fine on HMTA count and $2,000 fine for Refuse
Act violation.
Facts Nickel-cadmium battery manufacturer's environmental engineer (Brown) ordered
burial of five drums of toxic wastes without permit During removal of drums, con-
taminated sand spilled onto soil and remained unreported
12/11/85. Company pled 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(6)]
01/09/86: Two-count indictment filed charging Brown with one count disposal of Haz-
ardous waste without permit under RCRA, Sec 3008(d)(2)(A) [42 U S C §6928(d)(2)(A).
and one count making false statements to EPA [18 U.S C. §1001].
01/29/86: Company sentenced to $3,500 fine.
03/31/86: Court dismissed false statements count against Brown and placed him in
pretnal diversion program.
-------
04/22/87 - L*
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant(s)/Docket No /Court
Jay Hamburg
(Metro Shop Supplies)
86-174
(0 Colo )
Neil Moser
36-199
(0 Colo )
Keeoler Corporation
86-104
(0 Colo )
John Micnael Nelson
06-122
(0 Colo )
Facts and Status
EPA Region VIII (cont.)
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 and Moser is vice president
06/17/86: Five-count indictment returned charging one count treating hazardous wastes
without permit in violation of RCRA, Sec 3008(d)(2)(A) [42 U S C. §6928(d)(2)(A)l.
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.
§1001].
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 pled guilty to information
09/10/86- Moser sentenced to a $500 fine, 2 years of probation, a $25 assessment for
the Crime Victims fund and ordered to perform 200 hours of community service.
10/30/86 Hamburg pled guilty to the two-count information charging him with viola-
tion of CERCLA reporting requirements [42 U.S C. §9603(b)(3)] which had been filea
the previous day
12/12/86 Hamburg sentenced to $2,000 fine, 2 years of probation and 120 hours of
community service He must also attend a course on hazardous waste.
Frankel Manufacturing Company
85-224
(0 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 3 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 $200 assessment to Crime Victims Funa
are met
Facts. Methylene chloride and tetrachloroethene released without notice
04/15/86- Company entered guilty plea to information filed same date charaing one
count failure to notify of release of hazardous suostance 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 6 months probation
during which time cleanup is required, plus $100 to Crime Victims Fund State of
Colorado collected $22.500 civil penalty and issued administrative order for cleanup.
Facts Abandonment of spent solvents and paint sludges at self-storage facility ;n
Broomfield, Colorado
04/25/86- Indictment filed charging defendant with 2 counts knowing storage andr
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04/22/87 - 15
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Oefendant(s)/0ocket No /Court
Facts and Status
Neville Chemical Company
(cont )
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.
01/29/86
hazardou
§6928(d)(2)(A)]
09/30/86- One week trial to the court began.
10/07/86. Defendant found guilty as charged.
11/24/86. Defendant sentenced to pay $50,000 fine ($10,000 supsended if paid by
January 15, 1987) and placed on probation for 3 years
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
86-057
(E.O. Cal )
Oarrel A Duisen
George W Shearer
Glen 0 Faulks
RogelioA Mann-Sagristo
U S Technology and Disposal
Service, Inc
Tratamientos Petroquimilos
Mexicanos. S A. de C.V
Guillermo Marin-Orosco
86-0401
(S.D Cal )
Pacific Hide & Fur Depot,
William Kmck
Jerry Graham
83-40028
(0 Ida.)
Facts. Rinsates from holding tanks and chemical applicators dumped into unlinea pits
by agricultural chemical distributor (B&R), its successor company (Frontier) and man-
ager of both operations (Kidwell)
11/14/85 Indictment lodged with clerk of the court.
03/19/86. Upon waiver of indictment, defendants pled guilty to five-count informa-
tion filed on same date charging B&R with two counts storage and disposa of hazard-
ous wastes at unpermitted facility in violation of RCRA, Sec. 3008(d)(2)(A) [42
U S C §6928(d)(2)(A)] for its 1981 and 1982 disposal practices. Frontier pled
guilty to same charges for its 1983 and 1984 disposal practices, and Kidwe 1 with one
count of same charge. Two companies each sentenced to $75,000 fine pjus cleanup of
site
06/11/86 Kidwell sentenced to 2 years imprisonment (all but 180 days suspended).
5 years probation and $10,000 fine to be paid from personal funds.
Facts- Hazardous waste disposal corporation in Beiate, California (U.S Technology)
designated as exclusive reoresentative of Mexican corporation established to operate
Rancho Ramo recovery and recycling facility (Tratamientos) Charges resulted from
export of hazardous waste for disposal in Mexico Ouisen 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, and Faulks
was Company vice president Mann-Sagnsto was manager of Tratamientos
04/18/86- Each defendant charged oy 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: Mann-Sagristo pled guilty to one count of conspiracy
11/01/86: Trial begins.
11/19/86 Shearer and Duisen pled guilty to two counts of making false statements
and Faulks pled guilty to one count of maKing false statements
03/87 Shearer was sentenced to pay a $24,000 fine, serve 120 days of a 4-year cerm
of imprisonment ana provide 400 hours of community service and placed on probation
for 5 years Duisen was sentenced to pay a $24.000 fine, serve 120 days of a 3-yea-
term of imprisonment and provide 400 hours of community service and placed on orooa-
tion for 5 years Faulks was sentenced to pay a $12,000 fine and placed on proba-
tion for 5 years. Marin-Sagristo was sentenced to pay a $5,000 fine and placed :n
probation for 5 years.
EPA Region X
Inc Facts. Hundreds of PCB capacitors and PCB liquids from transformers dumped into o;c
adjacent to defendants' scrap metal salvaging facility in Pocatello. William
manages this facility.
-------
04/22/87 - 16
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Oefendant(s)/0ocket No /Court
Facts and Status
EPA Region X (cont.)
10/12/83: Five-count indictment returned (unsealed on 10/17/83) against Conpany and
«__ ._.k._.__j__ ^^__ BK. . m^ft if M « ^i* Ljt +h Ann ^miftt i mn^nnAp Hi cnncAl
Pacific Hide & Fur Depot, Inc.
(cont )
Richard Allen Taggert
Keith Egan
(Evans Transportation Company)
85-60016
(0 Or )
Peter Heaegard
Eric Myers
JANCO United, Inc
85-00342
(W D '>iash )
^y/ 1£/ QJ rlVCWUUIIl I IIU i w MUCH fc ' « VMI IIKM ^WII«*(«BIW ••• ••• _ - > »— / v V . .._ — _ ——r j — —
two corporate employees, charging Conpany and Kmck with one count improper disposal
of PCB capacitors, one count improper disposal of PCBs, one count failure to properly
mark PCB containers, and one count of failure to maintain required records concerning
PCB items, all in violation of TSCA [15 U.S.C. §§2614 and 2615(b)], and one count_
r\,9 1 I CUl 9 , Oil I " » i W »BV1wn wi • wwn i*w **.«.«• j j--- • ^~_TT»~'*» ^/*i/t"\f.-,, - y»
failure to report release of hazardous substance under CERCLA, Sec. 103(6) [42 U.i.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 counts in which Graham was charged.
05/04/84. Guilty verdicts returned against both Company and Kmck on three remaining
TSCA counts
06/29/84. Company sentenced to $24,000 fine ($8,000 on each of three counts). Hoick
sentenced to $3,000 fine ($1,000 on each count).
03/07/85: Appeal argued in Ninth Circuit
08/15/85. Ninth Circuit reversed convictions of both defendants on ground that jury
instruction on deliberate avoidance given under United States v. Jewell was improper.
12/26/85 Ninth Circuit denied government's petition for Bearing.
Facts- False statements made to state of Oregon inspector concerning accumulation of
hazardous wastes Egan was plant manager and Taggert was plant supenntendant.
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(d)(3)]
04/30/85: Egan pled guilty to aiding and abetting making false statements under
RCRA
05/07/85: Taggert pled guilty to making false statements under RCRA.
06/04/85. Egan and Taggert each sentenced to $2,500 fine
Facts- Manufacturer of industrial cleaning products in Seattle discharged pollutants
including soaps, detergents, caustic alkali, acids, waxes, dyes and solvent materials
(including alcohol, butyl carbitol, also known as diethylene glycol monobutyl ether.
xylene and mineral soirits) for 10 days from manufacturing operations into hidden
pipe connected to storm sewer leading into Ouwamish 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 Meyers 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 pled guilty to all charges.
01/16/86: Company fined $100.000 (all but $30.000 suspended and allowance for
dollar-for-dollar reduction for money spent on approved environmental or conservatio
programs) plus facility listed on EPA List of Violating Facilities pursuant to *0 CF
Part 15 20 and excluded from Federal Government contracts, grants or loans. Hedegar
and Meyers each sentenced to 1 year imprisonment (all but 5 days suspended), 3 years
probation $25 000 fine (all but $5.000 suspended) and 300 hours community service.
-------
04/22/87 - 1
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant s)/Docket No./Court
Pacts and Status
Douglas G Hoflin
(City of Ocean Shores)
85-82
(W.O Wash )
Robert K Blackstone
86-00012
Wendall Wayne Johnson
86-00013
(W 0. Wash )
Daniel Lee Turner
8S-332-1
(E 0 Wash )
EPA Region X (cont.)
Facts. Former city public works director 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
next to ocean.
10/10/85 Three-count indictment filed charging defendant with one count consoiracy
to violate RCRA [18 U.S.C. §371] one count disposal of hazardous waste without per-
mit under RCRA. Sec. 3008(d)(2) [42 U S.C. §6928(d)(2)]. and one 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. §§1311 and 1319(c)(l)].
02/24/86 After 5 days of trial, jury returned guilty verdict.
of one RCRA count and one Clean Water Act count
Defendant convicted
03/28/36 Defendant sentenced to 2 years probation and 200 hours community service
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. §692S(d)(5)
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 charg-
ing Johnson with same counts
04/04/86 Johnson pled guilty to one count disposal without permit under RCRA,
Sec 3008(d)(2)(A)
01/25/86 Blackstone pled guilty to one count disposal without permit under RCRA.
Sec 3008(d)(2)(A)
05/16/86. Johnson sentenced to 3 years imprisonment (all but 6 months suspended),
SSOO fine, 3 years probation including condition that he participate in alconol
treatment program and $50 mandatory penalty assessment to Crime Victims Fund
06/05/86 Blackstone sentenced to imprisonment for term of 1 year and 1 day, S5.000
fine and $7,100 restitution to Washington State Department of Ecology plus S50 manda-
tory penalty assessment to Crime Victims Fund
Facts- In May 1986, waste "restricted-use" pesticides, including paratnion, linaane,
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
11/17/86 Eight-count indictment filed charging defendant with six counts disoosal
of hazardous waste without a permit in violation of RCRA. Sec 3008 [42 U S C
§6928(d)(2)(A)], one count knowing endangerment by disposing of hazardous wastes wit.'
the knowledge that it placed another person in imminent danger of death or serious
boaily injury in violation of RCRA. Sec 3008 [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 jury returned a verdict of acquittal to all eight counts charged
against Turner
-------
04/22/87 - i£
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant(s)/0ocket No /Court Facts and Status
EPA-NEIC Nationally Managed Investigation
Jack E White Facts: The Food and Drug Administration discovered contamination of dairy products
Brownie C McBride with heptachlor, a carcinogenic pesticide. J.E.w., Inc. succeeded White Flame Fuels.
Jerry L Findley Inc in manufacturing fuel grade alcohol and producing animal feed by blending spent
Henry R. White distillers mash with other grain and grain by-products. Valley Feeds. Inc sold tnat
86-20015 animal feed to livestock growers in Arkansas, Oklahoma and Missouri Jack E. White
(W D Ark ) is principal officer, stockholder and manager of White Flame Fuels, Inc., JEW.
[nc and valley Feeds, Inc., Brownie C McBride is plant superintendent employed oy
White Flame Fuels, Inc., J E W , Inc and Valley Feeds, Inc., Jerry L Findley is
former president of Valley Feeds. Inc. and operations manager of J.E.W , Inc., ana
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 manu-
facture alcohol and then mixing the adulterated or contaminated mash with animal feec
tnat 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. §1343], one count rac<-
eteering [18 U.S.C. §1962(c)], 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)l, 11 counts interstate sales of adulterated food [12 U S C.
§§331(a) and 333(b)J, and four counts discharging pollutants in violation of
Clean Water Act. Sees 301 and 309 [33 U S C §§1311(a) and 1319(c)(l ] White
also charged with one count making a false statement [18 U S C §1001].
Findley - One count conspiracy, two counts false statements, one count mail
fraud, three counts wire fraud, one count racketeering, one count interstate
transportation of money taken oy fraud and one count discharging pollutants.
H White • Seven counts mail fraud, 10 counts wire fraud, one count racketeer-
ing, four counts interstate transportation of money taken by fraud, six counts
adulterating food and 11 counts interstate sales of adulterated food
-------
SECTION II
Clean Air Act (CAA)
Clean Air Act (CAA) 42 USC SS 7401-7642
PL 95-95
PL 91-604
-------
04/22/87 - 1
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY
Defendant s)/0ocket No /Court
Facts and Status
EPA Region I
Facts. Building demolition at Old Pin Shop in Oakville without notice to EPA, with-
out 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.
Peter J. Vileisis, Jr
Maurice Fabiani
Waterbury House Wrecking Co., Inc.
N-85-46
(D Conn.)
Hope Resource Recovery,
36-00458
(E 0. N Y )
Alan M Franko
(AMF Insulation Co )
85-1146-M
(ED va )
Irwin Pearlman
Salvatore C Williams
86-246
(WO Pa )
08/01/85- Five-count indictment filed charging Company and Vileisis with three
counts causing asbestos emissions in violation of Clean Air Act, Sees 113(c)(l)(C)
112(c)(l)(B) and 112(e)(5) [42 U S.C. §§7413(c)(l)(C), 7412(c)(l)(B) and 7412(e)(5)}
and of 40 CFR 61.146, and Fabiani with two counts of same Clean Air Act violations.
11/04/85: Vileisis pled 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. 113(c)(l)(C), 112 (c)(l)(B) and 112(e)(5) and 40 CFR §61.147.
11/05/85- Fabiani pled guilty to same charge in one-count superseding information
filed this date.
12/19/85: Vileisis sentenced to 1 year suspended sentence, 5 years probation,
$25,000 fine plus $25 penalty assessment. 1,000 hours community service and must
attend, at own expense, seminars on disposal of asbestos. Fabiani sentenced to 1
year imprisonment (all but 30 days suspended), 5 years probation, $25,000 fine plus
$25 penalty assessment and 1,000 hours community service.
12/23/85 Charges dismissed against Company
05/05/86. Old Pin Shop and Waterbury House Wrecking each placed on EPA's List of
Violating Facilities under 40 CFR Part 15 resulting in ineligibility for EPA con-
tracts, grants and loans
EPA Region II
inc Air contamination source operated by refuse-incineration company in Long Island City.
Queens witnout certification required unaer 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 § C §7413(c)(l)(a)(ii)]
07/07/86: Company pled guilty to one count operating air contamination equipment
without valid certification
09/10/86: Corporation sentenced to a $10,000 fine.
EPA Region III
Facts. Failure to notify proper U S. Government Agency prior to removal of asoestos
material while fulfilling Department of Navy contract awarded for removal and cis-
posal of asbestos pipe insulation at Naval Observatory in Washington, O.C Defendant.
is former vice president and project manager
10/31/85 Defendant pled guilty to one count information filed same date charging
failure to report release of hazardous substance (asoestos) in violation of CERCLA,
Sec 103(b) [42 U S C §9603(b)]
12/02/85 Defendant sentenced to 30 days suspended sentence plus 6 months probation
and $150 fine
Facts. Williams, owner of former school building in residential area of Pittsburgn
and Pearlman, contractor who removed boiler and heating system, failed to comply *itn
NESHAPS work practice standards for asbestos. Violations include failure to give
notice of intentions to demolish or renovate and failure to wet down material ana
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.
-------
04/22/87 - 2
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (cont.)
Defendant s)/0ocket No /Court
Facts and Status
EPA Region III (cont.)
Irwm Pearl man 10/31/86: Indictment filed charging each defendant with two counts failure to conr
(cont ) ply with NESHAPS standards in violation of Clean Air Act, Sees. 112(c) and
113(c)(l)(C) [42 U S.C. §§7412{c) and 7413(c)(l)(O] and one count failure to comply
witn 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 pled guilty to two counts of violating NESHAPS standards and
each sentenced to $1,000 fine
Norbert Emel Gall
Dennis Ray Alston
Phillip Anthony Williams
Brigitte Gertrud Laurus
(Fred Fincher Motors, Inc
85-236
(S D Tex )
Norbert Emel Gall
Freddie Lee Fincher, Sr
Donald Lee Fincher
Bngitte Gertrud Laurus
85-00278
Brigitte Gertrud Laurus
Edward F Wiatt
H86-278
(S 0 Tex )
EPA Region VI
Facts Automobile broker and associates imported cars from Germany and deceived EPA
into granting "5-year old exemption" of nonconforming vehicles from Clean Air Act
requirements Freddie Fincher was principal stockholder and Company president. Don-
ald Fincher was general manager and executive vice president. Alston was owner of
D R A Construction Company and Williams was Alston's employee.
10/04/85: 31-count indictment filed charging Gall. Alston and Williams each with one
count conspiracy [18 U.S C §371], 10 counts entering goods into country by means of
false statements [18 U.S C. §542], 10 counts smuggling [18 U.S.C. §545], and 10
counts false statements to EPA and Customs Service [18 U.S.C. §1001], Laurus charge!
with one count conspiracy
11/26/85- 47-count indictment filed charging Freddie Fincher and Donald Fincher eacn
with one count conspiracy [18 U S C §3711. 17 counts entering goods into country by
means of flase statements [18 U S.C §542], 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 pled guilty to one count conspiracy [18 U S C. §371] ana three
counts smuggling [18 U.S C §545]
01/28/86- Superseding information filed charging Laurus with one count false state-
ments 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 pled guilty to one count under Clean Air Act. Sec 113(c)(2)
04/17/86- Freddie Fincher and Donald Fincher each pled 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 1 year probation.
Facts Co-owner of Grand Prix Motors imported foreign automobiles under a "5-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.C.
§7413(c)(2)]
to a single felony count of conspiracy to violate
and 10 misdemeanor counts under Sec. 113(c)(2) of M
10/14/86. Alston pled
18 U.S.C. §§542, 545 and 100L
Clean Air Act for the knowing submission of false statements to EPA.
11/12/86. Wiatt pled guilty to a six-count criminal information charging him with
submitting fraudulent docuaents to EPA in violation of Sec. 113(c)(2) of the Clean
Air Act [42 U S.C. §7413(c)(2)].
-------
04/22/87 - 3
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (cont.)
Defendant s)/0ocket No /Court
Custom Engineering, Inc
Billy Closson
Roger Scoggins
John Sidwell
36-00513
(C D Cal )
Mano A Segale
M A Segale. Inc
Wilham Bartholomew
85-267
(W 0 Wash )
Euro-Auto Lta . Inc
James S Strecner. Jr
Barbara A Strecker
86-95TB
(w 0 Wash)
Facts and Status
EPA Region VI (cont.)
Edward F Wiatt 12/01/86 Alston sentenced to $24,000 fine, including restitution payments of
(cont.) approximately $3,800 and 6 months probation. Williams sentenced to 3 years probation
and 80 hours of community service.
12/17/86 Wiatt sentenced to $1,500 fine and 150 hours of community service
EPA Region IX
Facts Submission of testing results and supporting documentation to EPA by auto-
moDile 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 ana
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 • 13 counts mail fraud and 11 counts false statements.
Sidwell - Four counts mail fraud and four counts false statements, plus three
counts perjury [18 U.S C §1623] for making false declarations to the grand
jury
12/10/86- Custom Engineering and Closson each pled guilty to five counts of making
false statements to the Federal government and four counts of mail fraud Scoggins
pled guilty to two counts of mail fraud and Sidwell pled guilty to two false state-
ment counts
03/31/87 Scoggins and Sidwell each olaced on 5 years probation
EPA Region X
Facts. Ashpalt manufacturer ooerated new source and gases discharged in excess of
performance standards with respect to opacity Segale is Company president ana
Bartholomew is division manager
11/14/84. Information filed charging Comoany. Segale and Bartholomew with four
counts violation of Clean Air Act Sec 113(c)(l) [42 U S C §7413(c)(D]
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
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 certi-
fied by EPA within 6 months preceding violation
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 Strecner and Company also cnargea
with violations relating to falsification of OOT-required odometer mileage state-
ments. Specific charges are as follows
J. Strecker and Company - 14 felony counts for the roll-back of odometer mileage
settings [15 U.S.C. §1990(c)], 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], and 18 counts smuggling [18 U.S.C §545].
-------
04/22/87 - 4.
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (cont.)
Oefendant(s)/Docket No /Court
Euro-Auto Ltd
(cont )
Albert Mardikian
Garo Mardikian
85-00509
(C.O Cal )
Sembat Agoo
85-00782
(C 0 Cal )
Facts and Status
EPA Region X (cont.)
jnc 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
EPA-NEIC Nationally Managed Investigation
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 submitta! or false
test data to EPA from mid-1981 until 1984 Albert Mardikian was chief operation
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 charged with 10 counts of mail fraud.
08/07/85 Trial began
08/08/85 During presentation of government's case. Albert MardikiJn 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]
08/13/85 Agob waived indictment and pled guilty
11/04/85. Agob sentenced to 5 years imprisonment (all but 20 days suspended and
served on weekends), 5 years probation plus 2,500 hours community service
11/25/85 Albert Mardikian sentenced to 5 years imprisonment (all but 6 months sus-
pended). 5 years probation plus 2080 hours community service consisting of at least
8 hours per week over 5 year period teaching under-privileged individuals now to
improve job seeking skills. Albert also required to place no fewer than 20 indi-
viduals each year into jobs plus restitution to injured parties. Garo Mardikian
sentenced to 5 years imprisonment (all but 30 days suspended and served on weekends).
5 years probation plus community service over 5-year period _
George~Timotny~Mercier Facts. Amount of lead used by Company understated in 1984 quarterly reports ^"'^c
Timothy Scott McLeod by "lead phasedown" regulations promulgated under Clean Air Act. Sec. 211. Mercier
(Gulf States Oil and Refining is former head of Company's fuel-blending operation and McLeod was chemist
86-OOin 04/11/86- Five-count indictment filed charging Mercier and McLeod each with one
-------
SECTION III
Clean Water Act (CWA)
Clean Water Act (CWA) 33 USC §§ 1251-1373
PL 92-500
PL 95-217
Marine Protection, Research
and Sanctuaries Act (MPRSA) 33 USC §§ 1401-1445
PL 92-532
Refuse Act of 1899 (RA) 33 USC §§ 407, 411
PL 55-425
Rivers and Harbors Appropriations
Act of 1899 (RHAA) 33 USC §§ 403, 409
PL 55-425
Safe Drinking Water Act (SDWA) 42 USC § § 300f-300j
PL 95-190
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04/22/87 - 1
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY
Oefendant(s)/Docket No /Court
Facts and Status
K. W. Thompson Tool Company. Inc.
(aka Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
85-08
(D N H )
EPA Region I
Facts Dumping of hazardous waste, including cyanide, barium, potassium nitrate antf
sodium hydroxide, into ditch emptying into Cocheco River and into ground for percola-
tion Casting wax containing PCBs improperly stored and no records maintained. Com-
pany is metal casting and firearms manufacturer in Rochester Gustafson is president
and Ronayne and Behre were vice presidents.
03/18/85. 50-count indictnent filed charging:
Company and Ronayne - 41 counts discharge of pollutants without permit in viola-
tion of Clean Water Act. Sees. 301 and 309(c)(l) [33 U.S C. §§1311 and
1319(c)(l)l, three counts violating storage, marking and recordkeeping standards
relating to PCBs under TSCA [15 U.S.C §2614], one count treatment, storage ana
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 sub-
stance 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 con-
spiracy 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. 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 Clear Water Act count plus $7,500
on each CERCLA count for total of $75,000. Charges against individuals dismissed
USH Corporation Facts. J. C. Rhodes Division of corporation failed to submit reports on wastes dis-
86-365F charged to local POTW from electroplating operations of its New Bedford plant for tne
(0. Mass.) production of shoe components
11/10/86 41-count indictment filed charging Company witn 32 counts failure to con-
ply with pretreatment standards in violation of Clean Water Act. Sees 30/ and 3Q9(c)
[33 U.S.C. §§1317 and 1319(c)]. five counts discharge of wastewater into POTT* in vio-
lation of Clean Water Act. Sees. 307 and 309(c), and four counts failure to submit
required reports in violation of Clean Water Act. Sees 307. 308 and 309(1) [42
U S.C. §§1317, 1318 and 1319(c)].
12/30/85: Company pled 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
EPA Region II
Facts Frenkel, owner of ECTS, hired as consultant to study disposal alternatives
for sewage treatment systems in Salem County Project funded under Clean Water Ac:,
Sec 201
Nathan Frenkel
Environmental Consulting and
Testing Service, Inc.
83-00047
(D.N J )
03/02/83- Four-count indictment returned charging each defendant with three counts
false statements [18 U.S.C. §1001] for misrepresentations of number of hours wornea
and one count conversion of government property [18 U.S C. §641] for vacuum cleaner
taken from United States Naval Air Development Center
-------
04/22/87 - 2
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendants I/Docket No. /Court
Facts and Status
Nathan Frenkel
(cont.)
EPA Region II (cont.)
05/23/83. Frenkel pled guilty to one count conversion of government property and
Company pled guilty to one count false statements
07/08/83: Frenkel sentenced to $7,500 fine and Company to $5,000.
Coastal Steel Corporation
(Republic Wire Corporation)
82-01478
(0 N J )
Robert Thomas Barnes
33-00214
(ED va )
Environmental Systems Services
83-00246
(ED Va )
Facts Refuse matter, including sanitary waste and waste rinsewater containing sul-
furic acid, discharged into Woodbridge Creek.
11/17/82. Information filed charging 10 counts discharge of refuse in violation of
Sec 13 of Rivers and Harbors Appropriation Act of 1899 (Refuse Act) [33 U S C
§§407 and 411].
11/18/82- Company pled guilty to all 10 counts
01/13/83. Company sentenced to $20,000 fine ($15,000 suspended), community service
eaual to $15,000 amount of suspended fine, and 3 years probation. If. community
service not performed, monetary equivalent of amount of service to be paid as addi-
tional fine
EPA Region III
Facts In performing contract work for NPOES permittees, Discharge .Monitoring
Reports (OMRs) falsified as to environmental impacts of pollutants Barnes was vice
president, managing partner and minority stockholder.
10/06/83 Barnes pled guilty
false statements in violation
§1319(c)(2)]
to information filed on same date charging two counts
of Clean Water Act, Sec. 309(c)(2) [33 U.S.C.
10/28/83 Barnes sentenced to $500 fine, 6 months probation on each count, with
sentences to run concurrently, and 100 hours community service
11/14/83 Company pled 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
William Garry Byles
85-00075
James C Kostelm
85-00076
Daniel laVietes
85-00077
Georgia Bonded Fibeps.
85-00078
(W 0 Va )
Inc
Facts- Joint investigation oy 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 (OMRs) and filing false statements pertaining to DOD
contract specifications concerning military baseball-type cap visors made using Com-
pany's Bondex fiber ooard. Kostelm was president, LaVietes was former vice presi-
dent for research and Development and Byles was chief chemist.
10/17/85: Defendants pled guilty to following charges in four separate informations
filed on this date
Byles - Pled guilty to one count information charging false statements in OMRs
in violation of Clean Water Act. 5ec 309(c)(2) [42 U S C §1319(c)(2)] and
sentences on same date to S500 fine.
Kostelm - Pled guilty to tnree-count information charging two counts discnarge
of wastewater in violation of NPDES permit under Clean Water Act. Sees 301 and
309(c)(l) [33 U S C. §§1311 and 1319(c)(l)], and one count conversion of Govern-
ment property under 000 contract [18 U.S.C. §641]. Kostelm sentenced on same
date to fines of $10,000, $10,000 and $500 on each count 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 NPOES
permit under Clean Water Act, Sec. 309(c)(l), one count false statements in QHRs
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
-------
04/22/87 - 3
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Oefendant(s)/Docket No./Court
William Garry Byles
(cont.)
Columbia Marine Services,
William Kinzeler, Jr
John L Kinzeler
82-36
(E 0 Ky )
Facts and Status
EPA Region III (cont.)
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 000).
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 pled guilty to all counts charged and sentenced to SI,500 fine
(all but $500 suspended), plus unsupervised probation for 2 years.
EPA Region IV
Inc 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:
Company - Four counts failure to report discharge of oil in violation of Clean
water Act, Sec 311(b)(5) [33 U.S.C §1321(b)(5)].
William Kinzeler and John Kinzeler - One count failure to report oil discharge
in violation of Sec. 311(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.
James Holland Facts. Owner of Middle Keys Construction Company dredged and filled 12 sites in
83-891 lower and middle Florida Keys between May 1980 and August 1983 and. for one site.
(S D Fla ) fraudently 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(c)(l) [33 U.S.C. §§1311 and 1319(c)(l)]. ana
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
06/07/85 Defendant sentenced to 5 years probation and 400 hours community serv.ce.
Also required to perform restoration at four sites.
Louisville and Nashville Railroad
82-00146
(W.O Ky )
Ocean Reef Club,
Russell A Post
Claude H Gehman
Mark Mai lea
85-909
(S.D Fla )
Inc
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 4o2
[33 U S C §§1311(a), 1319(c)(l) and 1342] and 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(c)(l) [33 U.S.C §§1311(a), 1317(d) and 1319(c)(D]
11/16/82 Company pled guilty to both counts
11/16/82. Company sentenced to $19,000 fine on each count for total of $38.000.
Facts Discharge of raw sewage and sewage effluent from December 15, 1982 to Novem-
ber 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, falsifi-
cation of Discharge Monitoring Reports to EPA. Post is Company president and cmef
operating officer, Gehnan is Coapany vice president and MaUa is employee in
utilities department.
-------
04/22/87 - 4
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendant(s)/0ocket No /Court
Facts and Status
Ocean Reef Club, Inc
(cont.)
Raymond Borowski
83-151
(N 0 111 )
Venus Laooratories,
85-00238
(N 0 , 111 )
Jay woods Oil, Inc
Edmund woods
87-20012
(E.D Mich )
12/05/85.
follows
EPA Region IV (cont.)
346-count indictment filed charging Company, two officers and employee as
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 U.S.C. §1001], and 332 misdemeanor counts discharg-
ing pollutants without NPOES permit and violation of permit conditions in vio-
lation of Clean Water Act, Sees 301 and 309(c)(l) [33 U S C §§1311 and
Post - One count conspiracy to violate Clean Water Act and 332 counts discharg-
ing in violation of Clean Water Act, Sees 301 and 309(c)(l)
07/31/86 Company pled guilty to 40 counts discharging pollutants in violation of
NPOES permit conditions. Gehman and Malka each pled 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.
EPA Region V
Facts Defendant operated several municipal sewage treatment plants in Oupage
County, Illinois, where, during period between October 1977 to 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 Defendent pled 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 3 years orobation and 200 hours community service
Inc Facts. Liquid chemical wastes, including cleansers, drain cleaners and other clean-
ing agents discharged into tributary of Oes Plains River without permit Company
allowed contaminated runoff to drain into river via ditch and was believed to nave
hidden pipe connecting plant drams 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)].
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
Facts Jay Woods Oil, Inc , operated a number of underground injection wells in con-
junction 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 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, Woods was charged with having committed
perjury before a grand jury, in violation of 18 U.S C §1623, a felony. The Comoany
and 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
requested by EPA Region V under 40 CFR Part 144 promulgated pursuant to the Safe
Drinking Water Act [42 U S.C §§300(f) and 300(g)]
-------
04/22/87 - 5
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendants )/Oocket No /Court
Facts and Status
Harm, Inc
84-00026
William E Pieber
84-00027
(E 0 Mo )
Eric Donald Roth Sr
85-00119
(E 0 Mo )
Dale L Knoedler
Jim 0 Newman
Roger Swenson
(Dugdale of Nebraska. Inc.)
84-00059
(0 Neb )
EPA Region VII
Facts. False statements contained in Discharge Monitoring Reports and BOO limits
in NPOES permits exceeded by wastewater treatment plant in Fenton. Pieber is man-
ager of Company's wastewater treatment facility
02/13/84 Five-count information filed against Company charging four counts viola-
tion 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] Two-count information
filed on same date charging Pieber with two counts in violation of Clean Water Act,
Sees 301(a) and 309(c)(l)
02/15/84 Pieber pled guilty to all charges
02/17/84 Company pled guilty to all charges.
03/09/84 Peiber sentenced to 30 months probation, 150 hours community service and
$2,500 fine.
03/23/84
Company sentenced to 5 years probation. $10,000 fine on false statement
count and S10.000 fine on one Clean Water Act count; $15,000 fines imposed on eacn
of three remaining Clean Water Act counts, execution suspended pending submission and
court approval of community work plan within 90 days. In lieu of community service.
545,000 in fines could be paid to designated charity.
08/16/85 Pieber's term of probation reduced to 24 months.
Facts Five cities paid chemical laboratory in Festus to perform tests required oy
Clean Water Act permits Laboratory owner submitted false Discharge Monitoring
Reports to Missouri Deoartment of Natural Resources. Statements of business
associates indicated knowing violations
05/23/85 10-count indictment filed charging Roth (d/b/a Analyst Consulting Labora-
tories, Inc ) with three counts false statements [18 U.S.C §1001], two counts
mail fraud [18 U S C §1341] and five misdemeanor counts of false statements under
Clean Water Act. Sec 309(c)(2) [33 U S C §1319(c)(2)].
08/01/85: Roth pled guilty to one felony count of false statements and two misae-
meanor counts of false statements
09/06/85: Roth sentenced to 4 months imprisonment on each Clean Water Act count
(terms to run concurrently) Sentencing on felony count suspended pending complet'^n
of 5 years probation and 200 hours community service
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 techni-
cian, Newman is controller, ana Swenson is plant manager
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)(D]
12/04/84 Knoedler pled guilty to two counts violation of Clean Water Act, Sec
309(c)(2) and sentenced to 1 year prooation and S300 fine on each count plus court
costs
03/26/85 Five-count superseding information filed against Newman and Swenson cnarq-
ing Newman with four counts violating NPOES permit conditions and Swenson with one
count of sane violation, all under Clean Water Act, Sees 301 and 309(c)(l).
06/03/85: On scheduled trial date, all charges against Swenson and Newman dismissed
on motion by Office of United States Attorney
-------
04/22/87 - 6
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendants)/0ocket No./Court
Facts and Status
Arnold N. Graham
(TWA)
86-00137
(W.O. Mo )
Rocky Mountain Materials and
Excavating, Inc
85-350
(0. Colo.)
Ralph Burgholzer
lavell Mclntire
86-00261
(0. Ariz )
William C Cairns
David G Chevalier
Charles 0 Hudson
Donald 0 Johnson
The Wyckoff Comoany,
84-00167
(W 0 Wash )
Inc
EPA Region VII (cont.)
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.
one
Iuilty to two-count information filed same date charging
371] and one count false statements to EPA in violation
07/30/86: Graham pled
count conspiracy [IB U.S C ,....
of Clean Water Act, Sec. 309(c)(2) [33 U.S.C. §1319(c)(2)].
09/18/86 Defendant sentenced to 3 years and 6 months imprisonment (all but 6 months
suspended), $10,000 fine on conspiracy charge with additional 6 months of imprison-
ment, $10,000 fine on false reports charge, sentences to run consecutively, plus 5
years probation, 200 hours community service and $21,075 restitution to TWA.
EPA Region VIII
Facts Soil contaminated with pentachlorophenol discharged onto banks and into flooc
plain of Fountain Creek.
12/23/85 Company entered guilty plea to information filed on sane date charging one
count discharge of pollutants without an NPOES permit in violation of Clean Water
Act. Sees. 301 and 309(c)(l) [33 U S.C §§1311 and 1319(c)(l)]
02/13/86 Company sentenced to $10,000 fine plus $100 assessment to Crime Victims
Fund.
05/05/86 Company listed on EPA's List of Violating Facilities as a result of Clean
Water Act violation Pursuant to 40 CFR Part 15. facility may not be used in any
new, renewed or extended Federal contract, subcontract, grant, loan, sudgrant or
subloan
EPA Region IX
Facts: Raw sewage discharged into Colorado River through POTW owned by Coloraao
River Sewage System Joint Venture (JV) Mclntire is JV chairman of the board ana
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 Sees 301(a) and 309(c)(l) of
the Clean Water Act [33 U S C §§1311(a) and 1319(c)(l)]
03/17/87: Superseding indictment filed cnarqing Burgholzer and Mclntire with 15
counts unpermitted discharges in violation of Clean Water Act and Burgnolzer with
one count making false statement in violation of 18 U S C §1001.
EPA Region X
Facts- Company engaged in pressure-treating wood products with preservatives con-
taining creosote, pentachlorophenol ana arsenic Polluted water pumped from unl;nea
holding pit via fire nose into nearby storm drains leading directly into Ouwamish
River Contaminated water siphoned from lagoon on Company property into Elliott Bay
Cairns is Company's president. Chevalier is former general supenntendant, tiuason is
technical director and Johnson is chief engineer
06/21/84 12-count indictment filed charging Cairns. Chevalier, Hudson, ana Johnson
with seven counts violation of Clean Water Act, Sees. 301 and 309(c)(l) [33 U S C
§§1311 and 1319(c)(D], 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. §1001] Com-
pany charged with seven counts violation of Clean Water Act, Sees. 301 and 309(cKD
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: All defense pretrial motions denied
-------
04/22/87 - 7
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendants I/Docket No /Court
Facts and Status
William C. Cairns, etc.
(cont.)
EPA Region X (cont )
03/11/85: On scheduled trial date, all same defendants pled guilty to four-count
superseding information as follows.
Comoany - 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)(D 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. §371]
04/19/85- Defendants sentenced as follows:
Company - As per plea agreement, fined $1,000,000 (all but $150,000 suspended).
5 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 - 1 year imprisonment (all but 60 days suspended). 2 years probation,
525,000 fine
Chevalier - 2 years probation plus 200 hours community service; $10,000 fine.
Hudson • 2 years probation plus 150 hours community service. $5.000 fine
Johnson - 2 years probation plus 100 hours community service, $2,500 fine.
All individual fines to be oaid from personal funds
Richard C. Woeck
Peter f Woeck II
Lloyd Anderson
Frank Brady
Marine Power and Equipment,
86-128
(W 0. Wash )
Facts. Discharge of sand blast waste laden with toxic heavy metals including lead.
arsenic and copper into Lake Union and Ouwamish River Company involved in ship
building operations. R Woeck is president. P Woeck is vice president and superin-
tendent of new construction, Anderson is vice president and Brady is ship repair
Inc superintendent.
05/08/86: 115-count indictment returned charging
R. Woeck - One count conspiracy [18 U.S C §371], 113 counts discharging poilu-
tants without permit in violation of Clean water Act, Sees. 301(a) and 309(c)U)
[33 U.S C §§13il(a) and 1319(c)(l)] and one count obstructing navigable water-
way in violation of Section 10 of Rivers and Harbors Appropriations Act of 12S5
[33 U S C §§403 and 406]
P Woeck and Anderson - One count conspiracy and 113 counts discharging pollu-
tants 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 pled guilty to two-
count information filed that date charging negligent discharge of pollutants in v.o-
lation of Clean Water Act. Sees. 301(a) and 309(c)(l) [33 U 5 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 3 years. Richard Woeck was sentenced to pay a $4.000 fine, serve 5 days of a
1-year tern of imprisonment and provide 300 hours of community service. Peter woecu
was sentenced to pay a $3,000 fine, serve 5 days of a 1-year tens of imprisonment ant
provide 300 hours of comaunity service and placed on probation for 3 years. Andersoi
was sentenced to pay a $1.000 fine and placed on probation for 3 years.
-------
04/22/87 - 8
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendants)/0ocket No./Court
Facts and Status
Paul 0 Schwitters
Sea Gleaner Marine,
86-00129
(W.O. Wash )
Inc
Bruce Norman Barker
Washington Boat Center,
86-00127
(W D Wash )
Sam Jenkins, Jr.
Sea Port Bark Supply,
86-31
(W D Wash )
Inc
Willard L Kaser
36-00040
Nabisco Brands. Inc
86-00041
William Parks
86-00042
(W.D Wash )
EPA Reoion X (cont.)
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, Sees. 301(a)
and 309(c)(l) [33 U.S.C. §§1311(a) and 1319(c)(l)].
08/14/86: Jury returned guilty verdicts on three counts against each
defendant.
10/06/86. Corporation sentenced to a $60,000 fine (all but $30,000 suspended) and
5 years probation plus $300 penalty assessment to Crime Victims Fund. Schwitters
sentenced to $15,000 fine (all but $5.000 suspended) and placed on probation for
1 year plus $75 penalty assessment to Crime Victims Fund.
Facts: Dredged spoils discharged into Lake Washington Ship Canal, and Army Corps of
Inc. 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 discharg-
ing pollutants without permit in violation of Clean Water Act, Sees. 301(a),
309(c)(l) and 404 [33 U S C §§1311(a), 1319(c)(l) 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 4 days of trial, court ordered judgment of acquittal of all remain-
ing counts for each defendant
Facts: Liquid waste from bark processing discharged into Hylebas Waterway
is owner of Company.
Jenkins
04/15/86: Information filed charging Company and Jenkins each with three counts dis-
charging pollutants into navigable water without NPOES permit in violation of Clean
Water Act. Sees. 301(a) and 309(c)(l) [33 U S C §§1311(a) and 1319(0(1)]
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 Victims Fund and one year probation Jen
-------
04/22/87 - 9
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendants I/Docket No /Court Facts and Status
EPA Region X (cont.)
Willard L Kaser 06/27/86: Company sentenced to $450,000 fine (execution of $150.000 suspended), and
(Cont )' 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 Puyallup Rivers
plus $200 penalty assessment for Crime Victims Fund and 3 years probation
07/18/86- Parks sentenced to $2,500 fine and 3 years probation plus 250 hours com-
munity service
09/12/86 Kaser sentenced to $5,000 fine and 1-year and 1-day term of imprisonment
of which he must serve at least 9 months and 18 days plus $75 assessment to Crime
Victims Fund.
12/86 Fleischman's Yeast, Inc. added to the "Consolidated List of Debarred, Sus-
pended and Ineligible Contractors" for an indefinite period.
-------
SECTION IV
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA) 7 USC § 136
PL 92-516
PL 95-396
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04/16/87 - L
ENVIRONMENTAL INVESTIGATION INITIATED WITH
FEDERAL INSECTICIDE. FUNGICIDE AND RODENTICIOE ACT (FIFRA) AUTHORITY
Defendants)/Docket No. /Court
Facts and Status
Bryce Anderson
Randy Zimmerman
83-00038
(D Neb.)
John Martin Anderson
(A C Supply, Inc )
84-00056
(0 Wyo )
Ross L Talbott
Ross M Talbott
(Talbott Enterprises,
85-00012
(0 Colo )
W B. Sprague Company,
Alfred H Treleven
Laurence R Treleven
84-36
(W 0. Wash )
EPA Region VII
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 [7 U S C. §136j].
07/26/83 Anderson pled guilty to one FIFRA count and sentenced to J100 fine (ne had
been recertified by EPA prior to sentencing). Charges against Zimmerman dismissed
EPA Region VIII
Facts: Restricted use pesticide (diclofop methyl) sold to (uncertified 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.
Six-count indictment filed charging four counts violation of FIFRA [7
U.S.C. §136j(a)], one count violation of Clean
06/22/84
... , Water Act, Sees. 301 and 309(c)(l)
[33 U S C §§1311 and 1319(c)(l)]. and one count false statements [18 U.S.C. §1001].
09/18/84 Defendant pled guilty to three FIFRA counts and one count violation of
Clean Water Act
11/20/84- Defendant sentenced to 3 years probation plus compliance with all environ-
mental laws for 18 months and $5,000 contribution to Bid Horn County Agricultural
Extension Service or, in the alternative, fine of $6,150.
Facts Azinphos methyl SOW, a restricted use pesticide, applied inconsistent witn
labeling to apple orchard and trailer park in New Castle. Failure to notify tenants
Inc ) and prevent re-entry for 48 hours, as required. Defendants were corporate
principals
01/11/85 One-count information filed charging both defendants with violation of
FIFRA. Sees 12 and 14 [7 U S C §§1361(b)(2) and 136j(a)]
02/25/85: Both defendants pled guilty to petty offense
03/25/85: Ross L. Talbott sentenced to $100 fine and Ross M. Talbott fined $50
EPA Region X
Inc Facts. Commercial pesticide applicators several times used strychnine in grain belt
to kill buds 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 [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.
06/29/84: Company pled guilty to information and sentenced to $20,500 fine
levens pled guilty to information and fined $5,500 each
Tre-
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