NEIC
SUMMARY OF CRIMINAL PROSECUTIONS
RESULTING FROM ENVIRONMENTAL
INVESTIGATIONS
December 1989
National Enforcement Investigations Center, Denver
G.S. Environmental Protection Agency
Office of Enforcement
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING
OFFICE OF CRIMINAL INVESTIGATIONS
National Enforcement Investigations Center
Denver, Colorado
SUMMARY OF CRIMINAL PROSECUTIONS
RESULTING FROM ENVIRONMENTAL
INVESTIGATIONS
December 1989
The summaries of federal environmental cases are arranged in
chronological order within the U.S. Government's Fiscal Year
(October to September) by the date of the first indictment/information
filed in federal district court for that case. Exceptions to this
sequence occur when related prosecutions are added to the original
prosecution summary.
The summary is based on the best available information. Anyone
relying on this summary should verify the information with the
Clerk of the Court for the United States district court, where the
official documents are filed.
Updates of this publication are available from the Enforcement
Specialist Office.
-------
CONTENTS
ALPHABETICAL INDEX
Fiscal Year 1983 1
Fiscal Year 1984 12
Fiscal Year 1985 23
Fiscal Year 1986 31
Fiscal Year 1987 53
Fiscal Year 1988 71
Fiscal Year 1989 95
CROSS REFERENCE INDEX BY STATUTORY AUTHORITY
AND REGION 1-19
-------
ALPHABETICAL INDEX
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)/
Case Name(s)
Law(s) Charged
FY
Page No.
V A-l Disposal Corp.
Richard Shumaker
II A&A Land Development
Angel o Paccione
Vulpis Brothers, Ltd.
Anthony Vulpis
August Recycling, Inc.
Rosedale Carting, Inc.
Stage Carting, Inc.
National Carting, Inc.
New York Environmental Contractors, Inc.
W&W Properties
IV ABC Compounding Co.
William S. Armistead
Vincent Armistead
IV American Electric Corp.
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
VII Bryce Anderson
Robert Zimmerman
VIII John M. Anderson
DC Salvadore Apodaca
I Charles Arcangelo
James Arcangelo
Antonio DeLucia (aka "Uncle Tony")
Frank DeFelice (aka "Frankie Boy")
Marco DeLucia (aka "Nutsie")
Dennis Champagne (aka "Red")
Roger Boisonneault
John Cappella
Robert Veltre
Nicholas Sciarra
Bruce Bieler
X Argent Chemical Laboratories, Inc.
Eliot L. Lieberman
Beatriz F. Shanahan
VII Arneson Timber Co.
Ill Ashland Oil, Inc.
A
RCRA, Title 18
RCRA, Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
RCRA, CERCLA
RCRA, Title 18
RCRA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA
FIFRA
FIFRA
FIFRA, CWA, Title 18
CWA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
FIFRA, Title 18, FFDCA
FIFRA, Title 18, FFDCA
FIFRA, Title 18, FFDCA
CERCLA
CWA
100
108
84
83
84
88
40
13
19
79
85
86
74
44
93
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
11
Region
Defendant(s)/
Case Name(s)
Law(s) Charged
FY
Page No.
I Ballard Shipping Co.
lakovos Georgoudis
X Bruce N. Barker
Washington Boat Center
III Robert Barnes
Environmental Systems Services
VI Vernon Baseman
David Faulkner
VI Baytank - Houston, Inc.
Odfjell Westfgal Larsen (USA), Inc.
Haavar Nordberg
Roy Johnson
R.C. Tercic
Larry Pipken, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Johan Seale
Ulf Aune
V Charles Berlin
X Robert K. Blackstone
Wendall W. Johnson
V William N. Bogas
III Gregory Boone
Michael D'Avocato
Alex Feinman
V Raymond Borowski
I Bridgeport Wrecking Co., Inc.
Thomas Capozziello
B
CWA 89 110
CWA
CWA, Title 18 86,88 47
CWA, Title 18
CWA 84 12
CWA
TSCA, Title 18 83 9
TSCA, Title 18
CWA, RCRA, CERCLA, Title 18 87 68
CWA, RCRA, CERCLA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, CERCLA, Title 18
CWA, Title 18
CWA, RCRA, Title 18
CWA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CERCLA 86 35
RCRA, Title 18 86 41
RCRA, Title 18
RCRA, CERCLA, Title 18 89 95
CAA, CERCLA, Title 18 89 98
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CWA, Title 18 83 6
CAA 89 101
CAA
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
in
Region
DC
V
VII
II
VIII
II
V
DC
III
II
II
IV
Defendant(s)/
Case Name(s)
Ralph Burgholzer
Lavell Mclntyre
Cambridge Mill Products, Inc.
Charles LeBeau, Jr.
W.C. Carolan
James Carolan
Dwight Thomas, Jr.
Christopher Gosch
Sharon Hayes
Patrick E. Perrin
David Carr
Central Valley Water Reclamation
Facility Board
Chase Interiors, Inc.
Kenneth Kaminski
Samar Chatterjee
Chem-Wood Treatment Co., Inc.
Erie Kitagawa
Robert Clements, Inc.
Coastal Steel Corp.
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
Columbia Marine Services, Inc.,
William Kinzeler, Jr.
John L. Kinzeler
Law(s) Charged
B teont.)
CWA, Title 18
CWA
C
TSCA
TSCA
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
Title 18
TSCA, Title 18
CWA, RCRA, CERCLA
CWA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
Title 18
RCRA
RCRA
CERCLA
CWA
Title 18
Title 18
Title 18
Title 18
CWA
CWA
CWA
FY
86
86
89
89
88,89
89
89
87
88
88
88
87
88
85
83
86
83
Page No
52
51
66
77
83
91
67
83
26
2
39
1
VII Commercial Metals Company, Inc.
(d/b/a Karchmer Iron and Metal Co.)
Harold Belcher
James Vermillion
RCRA, Title 18, CWA
RCRA, Title 18
RCRA, Title 18, CWA
90
DC CSI Technologies, Inc.
TSCA, Title 18
85
26
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
IV
Region
Defendant(s)/
Case Name(s)
Law(s) Charged
FY Page No.
EX Custom Engineering, Inc.,
Billy Closson
Roger Scoggins
John Sidwell
Paul Chavez
IX Custom Food Machinery
Ronald McNiel
Eugene Welch
IX Cuyahoga Wrecking Corp.
Leonard Capizzi
Chester F. Reiss, Sr.
James J. Abbajay
Robert S. Torok
Joseph A. Gross!
Ill Cuyahoga Wrecking Corp.
Overland Corporation
Publicker Industries, Inc.
Ernest R. Martin
Samuel Runfola
Virgil Cummings
V Cuyahoga Wrecking Corp.
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
II DAR Construction Co.
Maurice Dieyette
III William Dee
Robert Lentz
Carl Gepp
VIII Denver Sanitary Company
Frank R. Giardino
Donald C. Hughes
Andrew Federowicz
I Robert Derecktor of Rhode Island, Inc.
151E. Post Road Corp, Inc.
Robert E. Derecktor
IV Charles A. Donahoo, Jr.
d/b/a Charlie Wrecking
C (cont)
Title 18
Title 18
Title 18
Title 18
CAA
TSCA
TSCA
TSCA
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, Title 18
CAA
RCRA, Title 18
RCRA, Title 18
RCRA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
CAA, CERCLA, Title 18
22
CAA, CERCLA
CAA, CERCLA, Title 18
CWA, RCRA
CWA, RCRA
CWA, RCRA
RCRA, Title 18, CWA
RCRA, Title 18, CWA
RCRA, Title 18
RCRA, Title 18, CWA
TSCA, CERCLA, CWA, RCRA,
HMTA, CAA
TSCA, CERCLA
TSCA, HMTA, CERCLA, Title 18,
RCRA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
87
88
49
50
57
84
71
111
88
87
75
87
59
108
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
Defendant(s)/
Case Name(s)
Law(s) Charged
FY
Page No
D fconU
X Drum Recovery, Inc.
Gary Van Lorn
Eugene F. Tienken
Charles Tuttle
IX Darell A. Duisen
George W. Shearer
Glen D. Faulks
Rogelio Marin-Sagristo
U.S. Technology and Disposal Service, Inc.
Tratamiento Petroquimilos
Mexicanos S.A. de C.V.
Guillermo Marin-Orosco
TSCA, HMTA, Title 18, CERCLA
TSCA, HMTA, Title 18, CERCLA
TSCA, HMTA, Title 18
TSCA, HMTA, Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
84
14
86
44
VIII Eagle Picher Industries, Inc.
Richard Brown
VI Eason and Smith Enterprises, Inc.
V Electric Service Company
Laddie F. Snyder
Ernest J. Mondron
Franklin D. Baker
Wallace D. Childers
I Electro Sales Co., Inc.
IV Jere Ellis
James Floyd
VI Shelton Erickson
X Euro-Auto Ltd., Inc.
James S. Strecker, Jr.
Barbara A. Strecker
V Executive Advertising, Inc.
Thomas D. LaViolette
Roderick W. Reiser
Finishing Corp. of America
John W. Rutana
Richard J. Fiorini
John C. Barnes
CERCLA
RCRA, Title 18
RCRA
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
Title 18
Title 18
RCRA
Title 18
Title 18
Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
£
CWA
CWA, Title 18
CWA
CWA
86
88
86
39
78
34
84
87
15
63
87
86
55
35
107
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
VI
Region
VI
X
III
VIII
III
II
II
K
IV
IV
III
III
VII
I
VII
IV
Defendant(s)/
Case Name(s)
Fred L. Fincher, Sr.
Donald L. Fincher
Norbert E. Gall
Dennis R. Alston
Phillip A. Williams
Brigitte G. Laurus
Edward F. Wiatt
Fisher RPM Electric Motors, Inc.
Rodney R. Fisher
Forms, Inc.
Phillip F. Trembley
Frankel Manufacturing Company
Alan M. Franko
Nathan Frenkel
Environmental Consulting and Testing
Service, Inc.
Fried Industries, Inc.
Frontier Fertilizer Co.
B&R Co. of Davis
Dennis Kidwell
Gardinier, Inc.
General Wood Preserving Co., Inc.
George H. Garson
Georgia Bonded Fibers, Inc.
William G. Byles
James C. Kostelni
Daniel LaVietes
Jerold Gershon
d/b/a Chemical Commodities, Inc.
W.R. Grace & Co.
Arnold Graham
Arthur Greer
Law(s) Charged
F (cnnt.)
Title 18
Title 18
Title 18
Title 18
Title 18
CAA, Title 18
CAA
CWA, RCRA
CWA, RCRA
RCRA
RCRA
RCRA
CERCLA
Title 18
Title 18
RCRA, CERCLA
RCRA
RCRA
RCRA
G
CWA
RCRA
CWA
CWA, Title 18
CWA
CWA, Title 18
CWA, Title 18
RCRA
Title 18
CWA, Title 18
RCRA, CERCLA, Title 18
FY
86
87
89
88
85
86
83
85
86
88
89
85
86
89
87
86
86
Page No.
31
32
112
91
29
35
6
29
42
91
101
24
33
111
56
51
36
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Vll
Region
VIII
IV
X
IV
VIII
X
IV
IV
Defendant(s)/
Case Name(s)
Jay Hamburg
Neil Moser
Everett Harwell
Eugene Baggett
Peter Hedegard
Eric Myers
JANCO United, Inc.
James H. Hedrick
Terri, Lori, Chris, Inc.
TLC, Inc.
Alley-Cassetty Coal Company
Donald M. Draper
RAD Services, Inc.
Arthur Sciullo
George Gary
James B. Hellman
Joel H. Lederman
Barry A. Seldin
William F. Smith, II
Douglas Hoflin
James Holland
Onis L. Holley
Holley Electric Corp.
Law(s) Charged
H
RCRA, Title 18
RCRA, Title 18, CERCLA
RCRA, CERCLA, Title 18
RCRA, CERCLA, Title 18
CWA, Title 18
CWA, Title 18
CWA
RCRA, Title 18
RCRA, Title 18
RCRA
RCRA
RCRA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
Title 18
Title 18
Title 18
Title 18
RCRA, CWA
CWA, Title 18
TSCA, Title 18
TSCA, Title 18
FY
86
86
86
84
85
85
86
86
86
88
86
84
83,84
Page No.
50
38
37
15
16
16
17
17
17
92
32
13
10
II Hope Resource Recovery, Inc.
CAA
86
51
X Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
II Johnson & Towers, Inc.
Peter Angel
Jack W. Hopkins
Peter Johnson
VII Stephen L. Johnson
Country Estates Investments, Inc.
(d/b/a Colony Cove Mobile Home Park)
CWA
CWA
RCRA, CWA, Title 18
RCRA, CWA, Title 18
RCRA, CWA, Title 18
CWA
CWA
CWA
86,88
83
86
43
7
97
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Vlll
Region
VIII
VII
III
VI
Defendant(s)/
Case Name(s)
Keebler Corporation
Dale L. Knoedler
Jim D. Newman
Roger Swenson
Freeman Krum
Robert T. Kruse
Law(s) Charged
K
CERCLA
CWA
CWA
CWA
TSCA, CFR
RCRA, Title 18
FY
86
85
87
88
Page No.
43
24
58
72
Lee B. Grubbs
Carol K. Kisamore
RCRA, Title 18
RCRA, Title 18
III Lackawanna Refuse Removal, Inc.
Northwestern Land Development Co.
Peter lacavazzi
I AC. Lawrence Leather Co., Inc.
Lawrence K. Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Bernard Davis
Robert F. Goodspeed
VIII Layton Brothers Drum Co., Inc.
Willie F. Hines
VIII Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr.
IV Louisville and Nashville Railroad
MacDonald and Watson Waste Oil Co.
Narragansett Improvement Co.
Eugene K. D'Allesandro
Vincent Cinquegrano
Fran Slade
Faust Ritarossi
Michael O'Laughlin
Title 18 83
CERCLA
CERCLA
CWA, Title 18, RCRA, CERCLA 83
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA, CERCLA
RCRA, CERCLA
CWA, RCRA, CERCLA
RCRA, HMTA, RHAA, Title 18 85
Title 18
RCRA 87
RCRA
RCRA, CERCLA
CWA 83
M
RCRA, Title 18, CERCLA 88
RCRA, Title 18, CERCLA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
3
3
28
60
73
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
IX
Region
I
DC
X
VI
VII
II
I
VI
VII
IV
IV
VI
III
VII
X
VIII
EX
Defendant(s)/
Case Name(s)
Marathon Development Corp.
Terrence Geoghegan
Albert Mardikian
Garo Mardikian
Sembat Agob
Marine Power and Equipment, Inc.
Richard C. Woeck
Peter F. Woeck, II
Lloyd Anderson
Frank Brady
Marine Shale Processors, Inc.
Maritz, Inc.
William E. Pieber
John Mastrobuono
Robert McKiel
Scott McKiel
John Shepardson
David Boldt
George T. Mercier
Timothy S. McLeod
John Meyer
George Mills
Ocie Mills
Carie C. Mills
Richard M. Mims
Francis S. Moose
John Moran, Jr.
Nabisco Brands, Inc.
Willard L. Kaser
William Parks
John M. Nelson
Neville Chemical Co.
Law(s) Charged
M (cont.)
CWA
CWA
Title 18
Title 18
Title 18
CWA, RHAA
CWA, RHAA, Title 18
CWA, Title 18
CWA, Title 18
CWA, Title 18
RCRA, RHAA
CWA, Title 18
CWA
Title 18
CWA, RCRA
CWA, RCRA
CWA
CWA
CAA, Title 18
CAA, Title 18
CAA
RCRA, CERCLA
CWA, RHAA
CWA, RHAA
RCRA
CWA
Title 18
K
CWA
CWA, Title 18
Title 18
RCRA
RCRA
FY
87
85
86
89
84
89
89
86
87
84,85
89
85
87
87
86
86
86
Page No.
58
27
47
110
15
96
99
42
59
22
95
30
70
62
46
45
41
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cent.)
Region
VIII
X
IV
I
III
X
X
V
I
III
Defendant(s)/
Case Name(s)
NIBCO, Inc.
Chorine K. Mackenzie Nzau
(a/k/a Kasema Mackenzie)
Ocean Reef Club, Inc.
Russell A. Post
Claude H. Gehman
Mark Malka
Ocean Spray Cranberries, Inc.
Orkin Exterminating Co., Inc.
Lawrence Ostler
Olympus Terrace STP
Pacific Hide and Fur Depot, Inc.
William Knick
Jerry Graham
Patrick W. Paciesas
John Plantan
William J. Pandozzi
Irwin Pearlman
Salvatore C. Williams
Law(s) Charged
N (cont.)
RCRA
RCRA, Title 18
Q
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA
FIFRA
CWA
CWA
£
TSCA, CERCLA
TSCA, CERCLA
TSCA, CERCLA
TSCA
TSCA, Title 18
Title 18
CAA
CAA
FY
89
88
86
88
88
89
84
87
88
88
87
Page No.
106
94
37
76
79
103
]2
65
66
73
53
X Pennwalt Corp., Inc.
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
IV Performance Advantage, Inc.
Lyndol Bolton
Hayes International Corp.
Louis H. Beasley
Ray Kelley
V.O. Abrams
David Smith
CWA, Title 18, CERCLA
CWA, Title 18
CWA, Title 18
CWA, Title 18
CWA, Title 18, CERCLA
RCRA, CERCLA, CWA
RCRA, CERCLA, CWA
RCRA, Title 18
RCRA, Title 18
RCRA, Title 18
CERCLA
RCRA
88
84
84,86
82
20
22
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Region
II
VII
V
III
III
I
VIII
III
VII
X
VIII
X
VII
Defendant(s)/
Case Name(s)
Plaza Health Laboratories, Inc.
Geronimo Villegas
Merlyn Pollock
Pollution Control Industries of America,
Kevin P. Prunsky
Gary L. Powell
Harry G. Stafford
John Pozsgai
Progressive Oil Company
Protex Industries, Inc.
Donald J. Wilson
Charles V. Hyatt
Quality Research Labs, Inc.
aka Commercial Research Labs
Michael Yaron
Barak Yaron
Reidy Terminal, Inc.
Wisconsin Barge Line, Inc.
Anthony DeJohn
James Johnson
Riedel International, Inc.
James A. Repman
Ronald E. Summers
Rocky Mountain Materials and
Excavating, Inc.
Ronald Rollins
Eric D. Roth, Sr.
Law(s) Charged FY
P (conU
CWA 89
CWA
TSCA, RCRA 87
Inc. Title 18 89
Title 18
TSCA, Title 18 89
TSCA, Title 18
CWA 88
CWA 89
CWA, RCRA, HMTA, Title 18 87
CWA, RCRA, CERCLA, Title 18
CWA, RCRA, Title 18
Q.
RCRA, CERCLA 83
RCRA, CERCLA, Title 18
RCRA, CERCLA
B
RCRA 87
CWA
CWA, RHAA
CWA
CWA 88
CWA
CWA
CWA 86
FIFRA, MBTA 88
CWA, Title 18 85
Page No.
105
63
104
110
94
96
61
7
64
93
40
89
28
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
xu
Region
X
I
X
X
Defendant(s)/
Case Name(s)
George Scofleld Company, Inc.
Robert Squyres
SCA Chemical Services (MA), Inc.
Sea Gleaner Marine, Inc.
Paul D. Schwitters
Mario Segale
M.A. Segale, Inc.
William Bartholomew
Law(s) Charged
S
CWA
CWA
CERCLA
CWA
CWA
CAA
CAA
CAA
FY Page No.
88 88
84 22
86 48
85 23
X Sellen Construction Co., Inc.
Gary Rager
V Ronald C. Shawl
III Shenango, Inc.
Nicholas S. Buchko
IV Norman F. Smith
X Sherman Smith
IV Spartan Trading Co., Inc.
John H. Biddle
John H. McDonald
Johnny M. Clark
Don A. Scruggs, Jr.
John H. Taylor, Jr.
Taylor Laboratories, Inc.
X W.B. Sprague Co., Inc.
Alfred H. Trevelen
Lawrence R. Trevelen
CWA
TSCA
CWA
CWA
Title 18
CWA, RHAA
RCRA,
RCRA,
RCRA
RCRA,
RCRA,
RCRA,
RCRA,
Title 18
Title 18
Title 18
Title 18
Title 18
Title 18
FIFRA
FIFRA, MBTA
FIFRA, MBTA
88
88
84
106
79
78
36
105
80
81
81
18
X Richard A. Taggert
Keith Egan
VIII Ross L. Talbott
Ross M. Talbott
I K.W. Thompson Tool Co. Inc.
Robert Gustafson
Joseph Behre
Emmett Ronayne
RCRA 85
RCRA
FIFRA 85
FIFRA
CWA, TSCA, RCRA, CERCLA, 85
Title 18
CWA, TSCA
CWA, TSCA, RCRA, CERCLA
CWA, TSCA, RCRA, CERCLA,
Title 18
26
24
25
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
Kill
Region
II
V
VIII
II
X
Defendant(s)/
Case Name(s)
Joseph Tietlebaum
Transformer Services (Ohio), Inc.
Gregory A Booth
Robert W. Rafferty
Transit Mix Concrete Co., Inc.
Albert S. Tumin
Daniel L. Turner
Law(s) Charged
T (cont.)
RCRA, Title 18
TSCA, Title 18
TSCA, Title 18
TSCA, Title 18
CWA
RCRA, CERCLA, Title 18
RCRA, CERCLA
FY
87
83
89
87
87
Page No.
58
11
96
63
53
12
I USM Corporation
CWA
87
53
VII Valmont Industries, Inc.
Jack R. Hawk
Duane Prorok
I Vanderbilt Chemical Corp.
Henry Baer
V John Van Hoesen
John Suerth
V Venus Laboratories, Inc.
I Peter Vileisis, Jr.
Maurice Fabiani
Waterbury House Wrecking Co., Inc.
VIII The Bill Walters Companies
V Laurence M. Welch
J. Welch & Sons, Inc.
IV Welco Plating, Inc.
J.C. Collins, Jr.
CWA 89
CWA
CWA
RCRA, Title 18 89
Title 18
RCRA 85
RCRA, Title 18
CWA 85
CAA 85
CAA
CAA
W_
CWA 89
RCRA 83
RCRA
RCRA, CERCLA, CWA, Title 18 88
RCRA, CERCLA, CWA, Title 18
103
102
23
26
29
98
10
77
-------
SUMMARY OF PROSECUTIONS
ALPHABETICAL INDEX (cont.)
xiv
Region
Defendant(s)/
Case Name(s)
Law(s) Charged
FY
Page No.
I Wells Metal Finishing, Inc.
John Wells
VI Jack E. White
Brownie C. McBride
Jerry L. Findley
Henry R. White
II Will & Baumer, Inc.
Howard J. Nybo
Frederick C. Kiesinger,
Duane Simmons
III William E. Willey
VI William W. Windham
V Jay Woods Oil, Inc.
Edmund Woods
Frank Lynch
VI Lee S. Woodside
Gary A. Masson
X The Wycoff Company, Inc.
William C. Cairns
David G. Chevalien
Charles D. Hudson
Donald D. Johnson
W (cont.)
CWA
CWA
CWA, FFDCA, Title 18
CWA, FFDCA, Title 18
CWA, Title 18
FFDCA, Title 18
CWA, CERCLA, RCRA, Title 18
CWA, CERCLA
CWA, CERCLA
CWA
RCRA
CWA
Title 18
Title 18
Title 18
Title 18
CAA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
CWA, RCRA, Title 18
89
87
107
54
86
87
97
100
57
84
18
Herman Zeldenrust
Z
TSCA
83
-------
Fiscal Year 1983
-------
12/19/89 - L
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
Columbia Marine Services, Inc.
William Kinzeler, Jr.
John L. Kinzeler
82-36
(ED. Ky.)
Facts: On four occasions, oil discharged near Ludlow into Ohio Ri\er
from vessel owned and operated by company.
10/13/82: Four-count indictment filed charging: the company with four
counts and William Kinzeler and John Kinzeler with one count each oF
failure to report discharge of oil in violation of Clean Water Act Sec
311(b)(5) [33 U.S.C. § 1321(b)(5)].
10/25/82: Company entered plea of guilty to two counts.
10/26/82: Company sentenced to $10,000 fine with credit given for 33,000
previously paid to Coast Guard. Charges against both Kinzelers
dismissed.
Louisville and Nashville Railroad
82-00146
(WD. Ky.)
Facts: Diesel fuel and other pollutants discharged through municipal
sewers in Louisville into POTW (creating hazard of fire and
explosion) and Ohio River.
11/15/82: Two-count information filed charging one count discharge of
pollutants without permit in violation of Clean Water Act, Sees. 301(a),
309(c)(l) and 402 [33 U.S.C. §§ 1311(a), 1319(c)(l) and 1342]; 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)(l)].
11/16/82: The company pled guilty to both counts and was sentenced to
pay a $19,000 fine on each count for total of $38,000.
Lackawanna Refuse Removal, Inc.
Northeastern Land Development Co.
Peter lacavazzi
82-00173
(M.D. Pa.)
Facts: Industrial sludges and wastes deposited at Old Forge Borough
sanitary landfill site. Lackawanna denied to EPA that disposal had
occurred. lacavazzi was president of Lackawanna.
11/16/82: Two-count indictment filed charging:
Northeastern and lacavazzi - One count failure to notify of
existence of hazardous waste facility in violation of CERCLA Sec
103(c) [42 U.S.C. § 9603(c)].
Lackawanna - One count making false statements [18 U S C
§ 1001].
04/13/83: Both companies pled guilty. Plea agreement contained
confession of liability by parties and provision whereby the companies
agreed to comply with terms of administrative order to be issued under
RCRA, Sec. 3008, ensuring that proceeds of sale of land owned by
companies would be turned over to Superfund for cleanup costs.
05/10/83: Lackawanna and Northeastern each fined $10,000. Charges
against lacavazzi dismissed upon his agreement to cooperate.
-------
12/19/89 - 2
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No /Court
Facts and Status
Coastal Steel Corporation
82-0147B
(D N J )
Facts: Refuse matter, including sanitary waste and waste rinse*ater
containing sulfuric acid, discharged into Woodbndge Creek.
11/17/82: Information filed charging the company with ten counts
discharge of refuse in violation of Sec. 13 and 16 of Rivers and Harbors,
Appropriation Act of 1899 (Refuse Act) [33 U.S.C. §§ 407 and 411]
11/18/82: Company pled guilty to all 10 counts.
01/13/83: Company sentenced to $20,000 fine ($15,000 suspended),
community service equal to $15,000 amount of suspended fine, and three
years probation. If community service not performed, monetary
equivalent of amount of service to be paid as additional fine.
A. C. Lawrence Leather Co., Inc.
Lawrence K_ Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Robert F. Goodspeed
82-00037
(D.N.H.)
Facts: Wastewater discharged from large leather tanning facility in
Winchester into Ashuelot River in violation of NPDES permit. Plug in
pipe removed, allowing discharge to bypass facility's treatment plant
and flow directly from holding tank into river, despite fact that
company had received $238,420 from EPA in research and grant funds
for demonstrating process to meet best available treatment standards
for tanning industry covering all pollutants generated during
manufacturing operations. Marshall was president; Goodspeed, vice
president; Johnson, plant superintendent; Stone, director of
manufacturing, and Barber was former director of maintenance and
engineering.
12/15/82: 68-count indictment returned against company and
employees charging:
Company - one count conspiracy [18 U.S.C. § 371]; five counts mail
fraud [18 U.S.C. § 1341]; 43 counts discharge of pollutants in
violation of NPDES permit under Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)]; 15 counts submittal of
false statements [18 U.S.C. § 1001]; and four counts making false
claims to EPA [18 U.S.C. § 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
statements.
Johnson • One count conspiracy, two counts mail fraud, 43 counts
discharges in violation of Clean Water Act, and seven counts false
statements.
-------
12/19/89 - 3
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket NoVCourt
Facts and Status
A. C. Lawrence Leather Co., Inc.
(cont. from previous page)
A. C. Lawrence Leather Co., Inc.
Weymouth E. Marshall
Robert F. Goodspeed
Francis E. Stone
Bernard Davis
83-00007
(D.N.H.)
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 for making false statement
Marshall and Goodspeed - Five counts under Clean Water Act
Johnson - 10 counts under Clean Water Act
04/07/83: The company was convicted by jury on all counts. (See
following section for sentencing information.)
Facts: The company, Marshall, Goodspeed, Stone, and Davis, foreman
at the Winchester facility, generated, stored, and released degreasmg
solvent (tetrachloroethylene) and its sludges and conspired to cover up
the fact by falsifying reports.
01/25/83: Company and individuals charged in 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); two counts submittal of false statements
to EPA [18 U.S.C. § 1001]; one count failure to notify of release of
hazardous substances in violation of CERCLA, Sec. 103(b) [42
U.S.C. § 9603(b)]; and one count failure to notify of existence of
hazardous waste facility in violation of CERCLA, Sec 103(c) [42
U.S.C. § 9603(c)].
Marshall - One count failure to notify of existence of hazardous
waste facility.
Goodspeed • One count storage of hazardous waste and one count
failure to notify of existence of hazardous waste facility.
Stone - One count storage of hazardous waste, one count disposal of
hazardous waste, two counts false statements, one count failure to
notify of release of hazardous substances and one count failure to
notify of existence of hazardous waste facility.
Davis • One count storage of hazardous waste, one count disposal of
hazardous waste, and one count failure to notify of release of
hazardous substances.
-------
12/19/89 - 4
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
A. C. Lawrence Leather Co., Inc.
Robert F Goodspeed
83-00020
(D.N.H.)
04/29/83:
counts:
Superseding information filed charging two additional
Company - One count submittal of false statements under RCRA
Sec. 3008(d)(3) [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 submittal 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 10
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 indictments (and superseding information) as follows
Company - Fined under first indictment: $5,000 on conspiracy
count; $200 on each mail fraud count for sum of $1,000; $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 five years probation under
each set of charges, to run concurrently and required to repay
$238,420 it had received from EPA in Federal grant funds.
-------
12/19/89 - 5
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No /Court
Facts and Status
A. C. Lawrence Leather Co , Inc.
(cont. from previous page)
Barber - Under first indictment only, for five Clean Water Act
counts: one year imprisonment (execution suspended) plus t«o
years probation and 200 hours of community service activities, and
$2,500 fine on each count for sum of $12,500; for false statement
count, one year imprisonment (execution suspended) plus two years
probation (to be served concurrently) and $5,000 fine for total of
$17,500.
Stone - Under first indictment: same sentence as for Barber.
Under second indictment: for RCRA storage count, one year
imprisonment (execution suspended) plus two years probation (to be
served concurrently) and $5,000 fine; for two CERCLA counts and
one RCRA storage count, one year imprisonment (execution
suspended) plus two years probation (also to be served concurrently),
$5,000 on RCRA count and $2,500 fine on each CERCLA count for
total of $10,000 under second indictment and grand total under both
indictments of $27,500.
Johnson - Under first indictment, for 10 Clean Water Act counts.
one year imprisonment (execution suspended) plus two years
probation and 200 hours of community service and $2,500 fine on
each count for sum of $25,000 with all but $5,000 suspended.
Marshall - Under first indictment for five Clean Water Act counts
one year imprisonment (execution suspended) plus two years
probation and 200 hours of community service, and $2,500 fine on
each count for sum of $12,500. Under second indictment, for
CERCLA, Sec. 103(c) count, one year imprisonment (execution
suspended) plus two years probation (to be served concurrently) and
$5,000 fine (with all but $2,500 suspended), for grand total under both
indictments of $17,500 (less $2,500 suspended).
Goodspeed - Under first indictment for five Clean Water Act counts.
one year imprisonment (execution suspended) plus two years
probation and 200 hours of community service activities and $2,500
fine on each count for sum of $12,500. Under second indictment, for
two CERCLA counts, one year imprisonment (execution suspended)
plus two years probation (to be served concurrently) and $5,000 fine
on each count for sum of $10,000 under second indictment and grand
total under both indictments of $22,500.
Charges against Davis dismissed.
04/12/84: Company, Barber, Stone, Johnson, Marshall, and Goodspeed
all placed on EPA master list of persons debarred, suspended, or
voluntarily excluded under 40 CFR Part 32 from participation in EPA-
assisted programs for period of three years (to 04/11/87).
-------
12/19/89 - 6
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
Raymond Borowski
83-151
(N D. Ill )
Facts: Defendant operated several municipal sewage treatment plants
in Dupage County, Illinois where, between October 1977 and July 1973.
defendant understated pollutant amounts by half for three of the plants
when filing Discharge Monitoring Reports required under Clean
Water Act.
02/23/83: 13-count indictment returned charging submittal of false
information [18 U.S.C. § 1001].
04/22/83: Defendant 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 three years probation and 200 hours
community service.
Nathan Frenkel
Environmental Consulting and
Testing Service, Inc.
83-00047
(D.N.J.)
Facts: Frenkel, owner of Environmental Consulting and Testing
Service (ECTS), hired as consultant to study disposal alternatives for
sewage treatment systems in Salem County. Project funded under
Clean Water Act, Sec. 201.
03/02/83: Four-count indictment returned charging each defendant
with three counts false statements [18 U.S.C. § 1001] for misrepresenta-
tions of number of hours worked and one count conversion of
government property [18 U.S.C. § 641] for vacuum cleaner taken from
United States Naval Air Development Center.
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.
Johnson & Towers, Inc.
Peter Angel
Jack W. Hopkins
83-00083
(D.N.J.)
Facts: Over three-day period, Federal agents saw workers attach pump
to tank containing hazardous wastes and pump substantial quantities of
degreasers and other industrial chemicals into trench, including
dichlorobenzene, dichloromethane, chlorobenzene, tetrachloroethylene,
toluene, and ethylbenzene. On third day, pollutants spilled into Parker
Creek. Angel was former plant supervisor, Hopkins worked as plant
foreman, and Johnson was vice president for operations.
03/29/83: Five-count indictment returned against company, Angel, and
Hopkins charging each defendant with three counts disposal of
hazardous wastes without permit in violation of RCRA, Sec. 3008(d)(2)
[42 U.S.C. § 6928(d)(2)]; one count discharge of pollutants without
NPDES permit in violation of Clean Water Act, Sees. 301 and 309(c)(l)
[33 U.S.C. §§ 1311 and 1319(c)(l)]; and one count conspiracy [18 U.S.C.
§371].
-------
12/19/89 - 7
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
Johnson & Towers, Inc.
(cont. from previous page)
Peter Johnson
86-3134C
(D.N.J.)
07/08/83: Company pled guilty to three counts under RCRA and
sentenced to $20,000 fine.
09/06/83: Substantive RCRA charges against individuals dismissed,
leaving aiding and abetting counts under RCRA plus substantive Clean
Water Act and conspiracy counts.
08/15/84: On appeal, Third Circuit Court reversed dismissal of
substantive RCRA counts against individuals and remanded case to
district court for trial of those counts.
10/10/84: Angel filed petition for certiorari in United States Supreme
Court. Government subsequently filed response in opposition to
petition.
02/19/85: Supreme Court denied Angel's petition for certiorari.
01/02/86: Angel and Hopkins entered into pretrial diversion agreement
with United States Attorney's Office. Indictment dismissed against
each.
03/31/86: Information filed charging Peter Johnson, vice president for
operations, with one count discharging pollutants without NPDES
permit in violation of Clean Water Act, Sees. 301 and 309(c)(l) [33
U.S.C. §§ 1311 and 1319(cXD].
04/30/86: Johnson pled guilty to Clean Water Act count.
06/17/86: Johnson sentenced to pay a $2,500 fine.
Michael Yaron
Barak Yaron
Quality Research Labs, Inc.
(Commercial Research Labs)
83-00170
(E.D. Pa.)
Facts: Joint EPA/FBI investigation. Hazardous wastes, including
1,1,1-trichloroethane, toluene, phenol, cresols, corrosive acid, benzene,
xylene, and methylene chloride generated, stored, and systematically
dumped onto ground at site and into drains and toilets at facility in
Corwells Heights, PA. False responses also made on EPA Hazardous
Waste activity questionnaire. Michael Yaron was president, principal
owner, and chief operator. His brother, Barak Yaron was plant
foreman. April 29, 1983, Michael Yaron and J. Ronald Merion (former
president and principal owner) were indicted on four counts of related
nonenvironmental charges with regard to their submission of storm
damage insurance claims, mail fraud [18 U.S.C. § 1341]. Bruce
Handfinger (former officer of related company) also charged with two
counts mail fraud in connection with false insurance claims.
05/02/83: Five-count indictment returned against company, Michael
Yaron, and Barak Yaron charging:
-------
12/19/89 - 8
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No/Court
Facts and Status
Michael Yaron, et al.
(cont from previous page)
Barak Yaron
83-00282
(E.D. Pa.)
Michael Yaron - Two counts false statements [18 U S.C § 1001!,
counts storage 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
08/01/83: Barak Yaron - Pled guilty to one count failure to notify of
release of hazardous substance under CERCLA.
08/03/83:
wastes.
Company - Pled guilty to one count disposal of hazardous
08/16/83: Superseding information filed charging Barak Yaron with
one count under CERCLA, Sec. 103(b).
08/23/83: Michael Yaron - Pled guilty to one count disposal of hazardous
wastes without RCRA permit and one count failure to notify of release of
hazardous substance under CERCLA.
09/26/83: Defendants sentenced as follows:
Company - $10,000 fine.
Barak Yaron - $2,000 fine plus three years probation.
Michael Yaron - $5,000 fine plus two years imprisonment (all but
six months suspended) plus five years probation on RCRA count
On CERCLA count, $5,000 fine plus one year imprisonment (all but
six months suspended) and five years probation (imprisonment and
probation to run concurrently with RCRA disposal count), and
restitution.
01724/84:
$55,600.
Sentence of Michael Yaron modified. Restitution reduced to
-------
12/19/89 - 9
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No./Court
Facts and Status
Vernon L. Baseman
David R. Faulkner
83-00081
(D.N.M.)
Facts: Oil and drums containing PCBs sold as ordinary waste oil and
distributed in interstate commerce between Emelle, Alabama and
Albuquerque, New Mexico. Vernon Baseman and David Faulkner
were employees of Nuclear Engineering.
05/10/83: Four-count indictment returned charging each defendant
with three counts violation of PCB regulations under TSCA (15 U S C
§§ 2614 and 2615(b)] and one count conversion of government property
[18U.S.C.§641].
08/15/83: Baseman pled guilty to two TSCA counts: one count interstate
transport of PCBs and PCB containers and one count disposal of that
material. Faulkner admitted to United States Attorney's pretrial
diversion program; charges against him dismissed on condition they
would be reinstated should he fail to successfully complete one year
probation.
09/16783: Baseman sentenced to $2,000 fine.
Herman Zeldenrust
83442
(N.D. 111.)
Facts: Zeldenrust, plant manager for Joslyn Manufacturing and
Supply Co., disposed of 55-gallon drum of 100% PCBs at or near McGinty
Forest Preserve.
06/06/83: One count information filed charging violation of TSCA, Sec
15 [15 U.S.C. § 2614].
01/11/84: Defendant pled guilty to one count and sentenced to one year
probation and $3,000 fine to be paid from defendant's personal funds.
Bryce Anderson
Randy Zimmerman
83-00038
(D. Neb.)
Facts: Ortho Paraquat CL, a registered pesticide for restricted use,
applied without EPA certification. Anderson, once a certified
applicator, had let certification lapse.
06/13/83: One count information filed charging each defendant with
violation of FIFRA, Sec. 12(a) [7 U.S.C. § 136(j)].
07/26/83: Anderson pled guilty to one FIFRA count and sentenced to
$100 fine (he had been recertified by EPA prior to sentencing). Charges
against Zimmerman dismissed.
-------
12/19/89 - 10
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No /Court
Facts and Status
Onis Lynwood Holley
Holley Electric Corporation
83-00119
(M.D Fla.)
Onis Lynwood Holley
83-00169
(M.D. Fla.)
Facts: Full cleanup of PCBs falsely claimed under agreement with Air
Force. Disposal of PCBs by transformer rupture, placement in
underground diesel fuel tank, improper landfilling of PCB capacicors
and liquids. Also failed to properly mark drums. Holley is company
president.
08/10/83: 10-count indictment returned against company and Holley
charging six counts violation of TSCA, Sec. 15 [15 U.S.C. § 2614]; one
count false claim to government [18 U.S.C. § 287]; and three counts wire
fraud [18 U.S.C. §1343].
10/27/83: Holley pled guilty to two-count superseding information filed
on same date charging one count TSCA violation and one count false
statements [18 U.S.C. § 1001]. Company pled guilty to one count TSCA
violation and one count false claim.
12/02/83: Company sentenced to $35,000 fine and two years probation.
Holley sentenced to $25,000 fine and two years probation.
Laurence M. Welch
J. Welsh & Sons, Inc.
83-60543
(E.D. Mich.)
Facts: Hazardous waste consisting of discarded paint, varnish, and
other ignitable substances stored without permit and transported to
unpermitted facility. Laurence is president and operator of Barry Air
Tool Supply company which is in the parking lot maintenance
business.
09/21/83: Four-count information filed charging each defendant with
one count storage of hazardous waste in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)] and one count transportation of
hazardous waste to unpermitted facility of violation of RCRA Sec
3008(d)(l) [42 U.S.C. § 6928(d)(l)].
10/05/83: Both defendants pled guilty to all charges.
12/13/83: Welsh sentenced to two years imprisonment (all but four
months suspended) and two years probation. Company sentenced to
$1,000 fine.
-------
12/19/89- 11
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendant(s)/Docket No /Court
Facts and Status
Transformer Services (Ohio), Inc.
Gregory A. Booth
Robert W. Rafferty
83-00252A
(N.D. Ohio)
Facts: Transformer refurbisher and disposer, when cleaning up PCBi
from own facility under consent agreement with EPA, attempted to
dispose of and conceal PCB soils in Mogodore Auto Wrecking Yard
Defendants claimed soil was stolen from facility. Booth was president
and general manager and Rafferty was warehouse and operations
manager.
09/29/83: Seven-count indictment returned charging:
Company and Rafferty - One count violation of TSCA, Sec. 15 115
U.S.C. § 2614], one count conspiracy [18 U.S.C. § 371], one count mail
fraud [18 U.S.C. § 1341], one count wire fraud [18 U.S.C § 343], and
three counts false statements [18 U.S.C. § 1001].
Booth • One count under TSCA, one count conspiracy, one count mail
fraud, one count wire fraud, and one count false statements.
11/01/83: Charges against company dismissed.
12/14/83: Booth and Rafferty each pled guilty to one count TSCA
violation and one count wire fraud.
02/13/84: Booth and Rafferty each sentenced to 17 days in half-way
house on work release, two years probation and 240 hours community
service performed over two-year period. Failure to perform community
service would result in $50,000 fine for each individual.
-------
Fiscal Year 1984
-------
12/19/89 -12
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Robert Thomas Barnes
83-00214
(E.D. Va.)
Environmental Systems Services
83-00246
(E.D. Va.)
Facts: In performing contract work for NPDES permittees, Discharge
Monitoring Reports (DMRs) falsified as to environmental impacts of
pollutants. Barnes was vice president, managing partner, and
minority stockholder.
10/06/83: Barnes pled guilty to information filed on same date charging
two counts false statements in violation of Clean Water Act Sec
309(c)(2) [33 U.S.C. § 1319(c)(2)].
10/28/83: Barnes sentenced to $500 fine, six months probation on each
count (to run concurrently), and 100 hours community service.
11/14/83: Company 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.
Pacific Hide & Fur Depot, Inc.
William Knick
Jerry Graham
8340028
(D. Idaho)
Facts: Hundreds of PCB capacitors and PCB liquids from transformers
dumped into pit adjacent to defendants' scrap metal salvaging facility
in Pocatello. William Knick manages this facility.
10/12/83: Five-count indictment returned (unsealed on 10/17/83)
against company and two corporate employees, charging company and
Knick with one count improper disposal of PCB capacitors, one count
improper disposal of PCBs, one count failure to properly mark PCB
containers, and one count of failure to maintain required records
concerning PCB items, all in violation of TSCA, Sees. 15 and 16 [15
U.S.C. §§ 2614 and 2615(b)]; and one count failure to report release of
hazardous substance under CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
Graham charged with one count unlawful disposal of PCBs under TSCA
and one count failure to report release of hazardous substance under
CERCLA.
04/16/84: Following denial of defense motions, jury trial began
05/03/84: After 10 days of trial, one TSCA PCB disposal count and the
CERCLA count were dismissed. These were only the counts that were
charged against defendant Graham.
05/04/84: Guilty verdicts returned against both company and Knick on
three remaining TSCA counts.
06/29/84: Company sentenced to $24,000 fine ($8,000 on each of three
counts). Knick sentenced to $3,000 fine ($1,000 on each count).
03/07/85: Appeal argued in Ninth Circuit.
-------
12/19/89 - 13
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
Pacific Hide & Fur Depot, Inc.
(cont. from previous page)
08/15/85: Ninth Circuit reversed convictions of both defendants on
ground that jury instruction on deliberate avoidance given under
United States v. Jewell was improper.
12/26/85: Ninth Circuit denied government's petition for rehearing.
American Electric Corporation
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
83-00170
(M.D. Fla.)
Facts: Disposal of PCBs and disposal and storage of transformers
containing PCBs under contracts with Department of Defense, and sale
of PCBs to asphalt paving company for use as fuel. False invoices and
manifests filed. Case jointly investigated by EPA, FBI, Defense
Criminal Investigative Service, and City of Jacksonville, Bio-
Environmental Services. Cobb was president of the company, Hamm
was vice president, and Holloway was president of Holloway's Waste
Oil Service, a business involved in purchasing, handling, and selling
waste oil.
10/27/83: 24-count indictment filed charging company, Cobb, Hamm,
and Holloway as follows:
Company and Cobb - 12 counts false statements [18 U.S.C. § 1001];
eight counts mail fraud [18 U.S.C. § 1341]; one count false claims [18
U.S.C.§ 287]; and three counts violation of TSCA, Sec. 15 [15 U.S C
§ 2614].
Hamm - 11 counts false statements, seven counts mail fraud, one
count false claims and three counts under TSCA.
Holloway - One count under TSCA.
05/14/84: Trial began.
05/30/84: Jury returned verdicts of not guilty against all defendants
James Holland
83-891
(S.D. Fla.)
Facts: Owner of Middle Keys Construction Company dredged and
filled 12 sites in lower and middle Florida Keys between May 1980 and
August 1983 and, for one site, fraudulently represented to landowners
that all permits would be obtained.
11/02/83: 22-count indictment returned charging 11 counts violation of
Sec. 10 of Rivers and Harbors Appropriation Act of 1899 [33 U.S.C. § 403],
eight counts violation of Clean Water Act, Sees. 301 and 309(c)(l) [33
U.S.C. §§ 1311 and 1319(c)(l)]; and three counts mail fraud [18 U S C
§ 1341].
02/21/84: Guilty plea entered to eight counts under Clean Water Act and
three counts under Rivers and Harbors Appropriation Act.
-------
12/19/89 -14
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
James Holland
(cont. from previous page)
06/07/85: Defendant sentenced to five years probation and 400 hours
community service. Also required to perform restoration at four sites
05/27/88: Probation revoked; sentence imposed; $10,000 fine, 6 months
imprisonment, and debarred from construction activities.
Drum Recovery, Inc.
Gary Van Lom
Eugene F. Tienken
Charles Tuttle
84-00005
(D. Or.)
Facts: Transportation and dumping of sodium hydroxide on street and
improper labeling, storage, and disposal of PCBs by hazardous waste
handling and transporting company. Van Lom is part owner and
president of company, Tienken is part owner and general manager
and Tuttle is a sales manager.
01/17/84: 39-count indictment filed charging:
Company and Van Lom - Eight counts violation of TSCA, Sec. 15 [15
U.S.C. § 2614]; two counts violation of CERCLA, Sec. 103(b) [42
U.S.C. § 96030))]; six counts mail fraud [18 U.S.C. § 1341]; one count
conspiracy [18 U.S.C. § 371]; and 22 counts violation of Hazardous
Materials Transportation Act (HMTA) [49 U.S.C. § 1809(b)].
Tienken - Same as company and Van Lom except not charged
under CERCLA counts.
Tuttle - Six counts under TSCA, six counts mail fraud, one count
conspiracy, and 18 counts under HMTA.
03/14/84: Tuttle pled guilty to one TSCA count for improper labeling of
PCBs.
03/26/84: Tienken pled guilty to superseding information filed same
date charging five counts of violation of TSCA for improper storage of
PCBs.
03/27/84: Van Lom pled guilty to superseding information filed same
date charging one count violation of CERCLA, Sec. 103(b) and one count
violation of HMTA.
04/23/84: Tuttle sentenced to five years probation with conditions that he
stay out of hazardous waste business for period of probation, pay one-
third of the cleanup costs and court costs, and perform 100 hours
community service.
05/17/84: Van Lom sentenced to one year imprisonment and five years
probation with conditions including that he stay out of hazardous waste
business for period of probation and pay one-third of the cleanup costs.
Tienken sentenced to 90 days imprisonment and five years probation
and a requirement to pay one-third of the cleanup costs.
02/19/85: Charges dismissed against company.
-------
12/19/89 - 15
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
Maritz, Inc.
84-00026
William E. Pieber
84-00027
(E.D. Mo.)
Facts: False statements contained in Discharge Monitoring Reports
and BOD limits in NPDES permits exceeded by wastewater treatment
plant in Fenton. Pieber is manager of Company's wastewater
treatment facility.
02/13/84: Five-count information filed against company charging four
counts violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33
U.S.C. §§ 1311(a) and 1319(c)(l)] and one count false statements [18
U.S.C. § 1001]. Two-count information filed on same date charging
Pieber with two counts 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 - Pieber sentenced to 30 months probation, 150 hours community
service, and $2,500 fine.
03/23/84: Company sentenced to five years probation, $10,000 fine on
false statement count and $10,000 fine on one Clean Water Act count,
$15,000 fines imposed on each of three remaining Clean Water Act
counts. Execution suspended pending submission and court approval of
community workplan within 90 days. In lieu of community service,
$45,000 in fines could be paid to designated charity.
08/16/85: Pieber's term of probation reduced to 24 months.
Electro Sales Co., Inc.
84-00148
(D. Mass.)
Facts: Improper marking and storage for disposal of capacitors
containing PCBs and false statements made by company president to
EPA concerning removal of leaking capacitors from company
premises.
04/11/84: Company waived indictment and pled guilty to two-count
information filed on same date charging one count violation of TSCA,
Sec. 15 [15 U.S.C. §2614] and one count false statements [18 U.S.C
§ 1001]. Company agreed to clean up site as part of plea agreement.
08/09/84: Company sentenced to $25,000 fine payable in two
installments by 01/02/85.
James H. Hedrick
Terri, Lori, Chris, Inc.
84-00008
(W.D. Ky.)
Facts: Transportation, storage and disposal of electric furnace
emission control dust containing lead and cadmium without permit to
facilities in Kentucky and Tennessee. Terri, Lori, Chris, Inc.
(T.L.C.) is chemical brokerage firm with Hedrick as president.
-------
12/19/89 -16
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket NTo /Court
Facts and Status
James H Hednck, et al.
(cont. from previous page)
James H. Hedrick
TLC, Inc.
84-00084
(M.D. Tenn.)
Alley-Cassetty Coal Company
Donald M. Draper
85-00043
(M.D. Tenn.)
Alley-Cassetty Coal Company
Donald M. Draper
85-00007
(W.D. Ky.)
05/09/84: Three-count indictment filed in United States District Court
for Western District of Kentucky charging Hedrick and Terri, Lori,
Chris, Inc. each with one count transportation of hazardous waste to
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 U S C
§ 6928(d)(l)]; one count disposal of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; and
one count conspiracy [18 U.S.C. § 371].
05/16/84: Indictment filed in United States District Court for Middle
District of Tennessee charging Hedrick and TLC each with one count
transportation of hazardous waste to unpermitted facility in violation of
RCRA, Sec. §3008(d)(l) [42 U.S.C. § 6928(d)(l)] and one count disposal
of hazardous waste without permit in violation of RCRA, Sec
§ 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
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.
07/18/84: Hedrick and company each entered guilty pleas to all counts
charged in Western District of Kentucky.
03/14/85: Hedrick sentenced to one year and one day imprisonment for
charges in Middle District of Tennessee plus three years probation and
200 hours community service. Company fined $5,000 for charges on
same count.
03/19/85: Hedrick sentenced to one year and one day imprisonment
(sentence imposed in Tennessee served concurrently), and company
sentenced to $3,000 fine for charges in Western District of Kentucky.
Additional Facts: Alley-Cassetty carried out actual transportation of
emission control dust to strip mine sites for TLC, Inc. Draper was
former transportation manager.
03/25/85: Information filed in Middle District of Tennessee charging
Alley-Cassetty and Draper with one count transportation of hazardous
waste to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
U.S.C. § 6928(d)(l)].
03/28/85: Information filed in Western District of Kentucky charging
Alley-Cassetty and Draper with one count transportation of hazardous
waste to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
U.S.C. § 6928(d)(l)].
-------
12/19/89 - 17
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
Alley-Cassetty Coal Company
(cont from previous page)
RAD Services, Inc.
Arthur Sciullo
George Gary
86-00011
(W.D. Ky.)
04/01/85: Defendants each entered guilty pleas to charges in Middle
District of Tennessee.
04/30/85: Draper sentenced, in Middle District of Tennessee, to one
year and one day imprisonment with all but six months suspended
(sentence recommended to be served in half-way house), two years
probation and $8,000 fine (to be paid within seven months).
05/14/85: Defendants each entered guilty plea to charges in Western
District of Kentucky.
09/27/85: Draper sentenced, in Western District of Kentucky, to one
year and one day imprisonment (all but six months suspended) plus two
years probation. Incarceration to be served concurrently with sentence
imposed in Tennessee; however, Draper not to be allowed to serve
sentence in half-way house.
09/30/85: Alley-Cassetty sentenced, in Western District of Kentucky, to
$25,000 fine. Civil penalty imposed on same date under the
administrative authority of the State of Tennessee.
12/09/85: Alley-Cassetty sentenced, in Middle District of Tennessee, to
$10,000 fine.
Additional facts: RAD Services engaged in chemical manufacturing
and, in 1982, stored toxic lead and cadmium emission control dust at
warehouse in Bowling Green. Sciullo is executive president and Gary
is head of chemical division.
04/25/86: Five-count indictment filed in Western District of Kentucky
charging company with three counts storage of hazardous waste without
permit in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; one
count transportation of hazardous waste to unpermitted facility in
violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(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: RAD Services pled guilty to two counts of RCRA storage
violations, Gary pled guilty to one such count and Sciullo pled guilty co
one count conspiracy and one count RCRA storage violation.
-------
12/19/89 -18
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket NoVCourt
Facts and Status
RAD Services, Inc.
(cont. from previous page)
12/01/86: RAD Services was sentenced to a total fine of $75,000 to be paid
within one year.
Gary - Sentenced to two years in the custody of the U.S. Attorney
General with all but 30 days in jail suspended, a $10,000 fine, 200
hours of community service and two years probation.
Sciullo - Sentenced to two concurrent two-year terms of
incarceration with all but six months suspended, a $10,000 fine, 200
hours of community service, and two years probation.
W. B. Sprague Company, Inc.
Alfred H. Treleven
Laurence R. Treleven
84-36
(W.D. Wash.)
Facts: Commercial pesticide applicators several times used strychnine
in grain belt to kill birds threatening grain elevators' contents.
Records falsified, listing use of nonrestricted pesticide. Alfred
Treleven is company's retired president and Laurence Treleven is
current president.
06/06/84: Two-count indictment filed charging company with one count
violation of FIFRA, Sec. 12(a) [7 U.S.C. § 136j(a)], Alfred Treleven and
Laurence Treleven each with one count violation of FIFRA and one
count violation of Migratory Bird Treaty Act [16 U.S.C. § 707].
06/29/84: Company pled guilty to information and sentenced to $20,500
fine. Trelevens pled guilty to information and were fined $5,500 each.
The Wyckoff Company, Inc.
William C. Cairns
David G. Chevalier
Charles D. Hudson
Donald D. Johnson
84-00167
(W.D. Wash.)
Facts: The Wyckoff Company engaged in pressure-treating wood
products with preservatives containing creosote, pentachlorophenol,
and arsenic. Polluted water pumped from unlined holding pit via fire
hose into nearby storm drains leading directly into Duwamish River.
Contaminated water siphoned from lagoon on company property into
Elliott Bay. Cairns is company's president, Chevalier is former
general superintendent, Hudson is technical director, and Johnson is
chief engineer.
06/21/84: 12-count indictment filed charging Cairns, Chevalier,
Hudson, and Johnson with seven counts violation of Clean Water Act,
Sees. 301 and 309(c)(D [33 U.S.C. §§ 1311 and 1319(c)(l)]; one count
storage and disposal of hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; two counts conspiracy [18
U.S.C. §371] and two counts false statements [18 U.S.C. § 1001].
Company charged with seven counts violation of Clean Water Act, Sees.
301 and 309(cXD; 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.
-------
12/19/89 - 19
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
Wyckoff Company, Inc., et al.
(cont. from previous page)
03/11/85: On scheduled trial date, defendants pled guilty to four-count
superseding information as follows:
Company - One count storage of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A), one count discharge of
pollutants without permit in violation of Clean Water Act, Sees 301
and 309(c)(l) and one count conspiracy to violate Clean Water Act
Cairns - One count storage of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A).
Chevalier, Hudson and Johnson - One misdemeanor count each of
conspiracy to violate Clean Water Act [18 U.S.C. § 371].
04/19/85: Defendants sentenced as follows:
Company • As per plea agreement, fined $1,000,000 (all but $150,000
suspended), five years probation on condition it obey all laws,
expeditiously clean up facility, and pay $850,000 into trust account
administered by Region X for study and cleanup of site.
Cairns - One year imprisonment (all but 60 days suspended), two
years probation, $25,000 fine.
Chevalier - Two years probation plus 200 hours community service;
$10,000 fine.
Hudson - To pay a $5,000 fine, two years probation, and 150 hours
community service.
Johnson - To pay a $2,500 fine, two years probation, and 100 hours
community service.
John Martin Anderson
84-00056
(D. Wyo.)
Facts: Restricted use pesticide (diclofop methyl) sold to noncertified
applicator for use on applicator's ranch, and required records
concerning sales of xylene falsified. Also pesticides discharged into
Big Horn River without NPDES permit. John M. Anderson was
president of A.C. Supply, Inc.
06/22/84: Six-count indictment filed charging four counts violation of
FIFRA, Sec. 12(a) [7 U.S.C. § 136j(a)]; one count violation of Clean
Water Act, Sees. 301 and309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)]; and
one count false statements [18 U.S.C. § 1001].
-------
12/19/89 - 20
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
John Martin Anderson
(cont. from previous page)
09/18/84: Defendant pled guilty to three FIFRA counts and one count
violation of Clean Water Act.
11/20/84: Defendant sentenced to three years probation plus compliance
with all environmental laws for 18 months and $5,000 contribution to
Big Horn County Agricultural Extension Service or, in the alternative
fine of $6,150.
Performance Advantage, Inc.
Lyndol Bolton
84-00122
(M.D. Ala.)
Hayes International Corporation
Louis H. Beasley
Performance Advantage, Inc.
Lyndol Bolton
Ray Kelley
V. 0. Abrams
David Smith
84-00123
(M.D. Ala.)
Facts: Pollutants discharged through hose from lagoon into water by
facility processing waste oil and jet fuel (Performance Advantage).
Hazardous waste from company in business of removing paint from
used aircraft (Hayes International) disposed of and released without
notification. Beasley is Hayes employee responsible for disposal of
hazardous wastes. Bolton is president of Performance Advantage.
Abrams operated Coosa County landfill. Kelley and Smith are
residents of Coosa County, Alabama.
06/28/84: Two indictments returned. First charged Performance
Advantage and Bolton with four counts discharge of pollutants without
NPDES permit in violation of Clean Water Act, Sees. 301 and 309(c)(l)
[33 U.S.C. §§1311 and 1319(c)(l)]. Second indictment charged 19 counts
as follows:
Hayes and Beasley - Eight counts transportation of hazardous waste
to unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42
U.S.C. § 6928(d)(l)]; five counts storage and/or disposal of
hazardous wastes without permit in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; one count conspiracy [18
U.S.C. § 371].
Performance Advantage and Bolton - Eight counts violation of
RCRA, Sec. 3008(d)(l); six counts violation of RCRA, Sec.
3008(d)(2)(A), one count knowing endangerment in violation of
RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)]; one count failure to report
release of hazardous substance under CERCLA, Sec. 103(b) [42
U.S.C. § 9603(b)]; and one count conspiracy.
Kelley - One count violation of RCRA, Sec. 3008(d)(l), four counts
violation of RCRA, Sec. 3008(d)(2)(A), one count knowing
endangerment in violation of RCRA, Sec. 3008(e), and one count
conspiracy.
Abrams - One count under CERCLA, Sec. 103(b), one count under
RCRA, Sec. 3008(d)(2), and one count conspiracy.
Smith - One count under RCRA, Sec. 3008(d)(l) and one count
conspiracy.
-------
12/19/89-21
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No /Court
Facts and Status
Performance Advantage, Inc , et al.
(cont. from previous page)
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 conclusion 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) [42 U.S.C. § 6928(d)(l)]. Both
defendants acquitted on conspiracy counts.
11/15/84: District Judge Robert Varner set aside jury verdicts and
acquitted Hayes International and Beasley on all counts.
11/26/84: Performance Advantage sentenced to $2,500 fine on Clean
Water Act count and $50 fine on RCRA count. Bolton sentenced to $2,500
fine plus five years probation on CWA count and five years probation on
RCRA count; sentences to run concurrently.
12/13/84: Protective notice of appeal filed by government in Eleventh
Circuit Court with respect to decision overturning jury verdicts against
Hayes International and Beasley.
06/18/85: Government's brief filed in Eleventh Circuit.
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.
-------
12/19/89 - 22
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendant(s)/Docket No./Court
Facts and Status
Ray Kelley
86-189 N
(M.D. Ala.)
11/25/86: Three-count indictment filed charging Kelley with violation
of RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)].
03/03/87: After a two-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.
04/16/87: Kelley was sentenced to serve one year imprisonment on each
of the three RCRA counts, to be served concurrently, execution of
imprisonment suspended, and placed on one year probation.
SCA Chemical Services (MA), Inc.
84-00157
(D. Mass.)
Facts: At least 10 pounds of PCBs released in Baintree, Massachusetts
without permit or notification.
08/09/84: One-count information filed charging company with failure
to report release of hazardous substance under CERCLA, Sec. 103(b) [42
U.S.C. § 9603{b)].
09/06/84: Company entered guilty plea and sentenced to $7,500 fine.
George Mills
84-00165
(M.D. Tenn.)
George Mills
84-00119
(SD. Ala.)
Facts: Storage of hazardous waste and failure to give required
notification of existence of hazardous waste facilities located in
Nashville and Smyrna, Tennessee and in Semmes, Alabama.
09/19/84: Four-count indictment filed in United States District Court for
Middle District of Tennessee (unsealed on 09/21/84) charging two
counts storage of hazardous waste without permit in violation of RCRA,
Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; and two counts failure to
notify of existence of hazardous waste facility in violation of CERCLA,
Sec. 103(c) [42 U.S.C. § 9603(c)].
11/28/84: One-count information filed in United States District Court
for Southern District of Alabama charging violation of CERCLA, Sec.
103(c) for failure to notify of existence of hazardous waste facility.
12/11/84: Mills entered guilty plea, under Rule 20 of the Federal Rules
of Criminal Procedure, in Middle District of Tennessee to two counts of
violation of CERCLA, Sec. 103(c) in Tennessee and one count violation
of CERCLA, Sec. 103(c) in Alabama.
01/29/85: Mills sentenced to five years probation, $30,000 fine and
condition that full written account of actions and recommendations for
compliance to avoid similar contraventions of environmental laws be
submitted to professional journals in field.
-------
Fiscal Year 1985
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
12/19/89 - 23
Defendant(s)/Docket No /Court
Facts and Status
Mario A. Segale
M. A. Segale, Inc.
William Bartholomew
85-267
(VV.D. Wash.)
Mario A. Segale
M. A. Segale, Inc.
William Bartholomew
CR84-73T
(W.D. Wash.)
Facts: Asphalt manufacturer operated new source and gases
discharged in excess of performance standards with respect to opacity
Segale is company president and Bartholomew is division manager
11/14/84: Information filed charging company, Segale and
Bartholomew with four counts violation of Clean Air Act, Sec
113(c)(l)(C) [42 U.S.C. § 7413(c)(l)(C)]; and regulations at 40 CFR
§ 60.92.
03/11/85: Court dismissed all charges against defendants
04/16/85: Information refiled charging same defendants with same
four counts of violating opacity standards (see above citations)
09/10/85: Office of United States Attorney agreed to defense motion to
dismiss all charges on ground that state inspector making opacity
recordings had not been certified by EPA within six months preceding
violation.
John Van Hoesen
84-00838
(N.D. 111.)
John Suerth
84-00840
(N.D. III.)
Facts: 150,000 gallons of spent halogenated solvent handled without
permit at chemical recycling facilities in Schiller Park and Des
Plaines and false statements made to EPA claiming exemption from
regulations. Van Hoesen is managerial employee and Suerth is
president of QuVoe Chemical Industries, Inc.
11/15/84: Information filed charging Van Hoesen with one
misdemeanor count for concealing records under RCRA, Sec.
3008(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)(l)]; 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 sentenced to three years probation plus $4,000 fine
and 300 hours community service.
03/25/85: Suerth pled guilty to superseding information filed on same
date charging two counts concealment of required records under RCRA,
Sec. 3008(d)(4).
05/24/85: Suerth sentenced to nine months imprisonment plus five
years probation and $25,000 fine.
-------
12/19/89 - 24
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No/Court
Facts and Status
Dale L. Knoedler
Jim D. Newman
Roger Swenson
CR-84-0-59
(D. Neb.)
Facts: Routine EPA inspection discovered facility lacked technical
capability to analyze samples for fecal coliform (FC) parameters
Discharge Monitoring Reports stated "0" FC discharge; lab denied
testing. Knoedler is sewage treatment technician, Newman 13
controller and Swenson is plant manager of Dugdale of Nebraska, Inc
11/19/84: Five-count information filed charging Knoedler and
Newman with four counts submitting false statements under Clean
Water Act, Sec. 309(c)(2) [33 U.S.C. § 1319(c)(2)]. Swenson charged with
one count violation of permit conditions under Clean Water Act, Sees
301 and 309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)].
12/04/84: Knoedler pled guilty to two counts violation of Clean Water
Act, Sec. 309(c)(2) and sentenced to one year probation and $300 fine on
each count plus court costs.
03/26/85: Five-count superseding information filed against Newman
and Swenson charging Newman with four counts violating NPDES
permit conditions and Swenson with one count of same violation, all
under Clean Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and
06/03/85: On scheduled trial date, all charges against Swenson and
Newman dismissed on motion by Office of United States Attorney
George Henry Garson
85-00001
(E.D. Pa.)
Facts: Waste solvents introduced into POTW causing potential fire
and explosion hazard. Garson was 71-year-old former president of
Barrett Chemical Company.
01703/85: One-count information filed charging defendant with willful
and negligent discharge into a POTW, in violation of pretreatment
standards under Clean Water Act, Sees. 307 and 309(c)(l) [33 U.S.C.
§§ 1317 and 1319(cXDl.
01/05/85: Defendant pled guilty.
01/10/85: Defendant sentenced to $2,500 fine and three years probation,
including two hours per week community service during first year.
Ross L. Talbott
Ross M. Talbott
85-00012
(D. Colo.)
Facts: Azinphos methyl SOW, a restricted use pesticide, applied
inconsistent with labeling to apple orchard and trailer park in New
Castle. Failure to notify tenants and prevent re-entry for 48 hours, as
required. Defendants were corporate principals of Talbott Enterprises,
Inc.
01/11/85: One-count information filed charging both defendants with
violation of FIFRA, Sees. 12 and 14 [7 U.S.C. §§ 136 l(b)(2) and
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
12/19/89 • 25
Defendant(s)/Docket No./Court
Facts and Status
Ross L. Talbott, et al.
(cont. from previous page)
02/25/85: Both defendants pled guilty to the count charged.
03/25/85: Ross L. Talbott sentenced to pay a $100 fine and Ross M
Talbott fined $50.
K. W. Thompson Tool Co., Inc.
(aka Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
85-08
(D.N.H.)
Facts: Dumping of hazardous waste, including cyanide, barium,
potassium nitrate, and sodium hydroxide into ditch emptying into
Cocheco River and into ground for percolation. Casting wax
containing PCBs improperly stored and no records maintained
Company is metal casting and firearms manufacturer in Rochester
Gustafson is president and Ronayne and Behre were vice presidents
03/18/85: 50-count indictment filed charging:
Company and Ronayne - 41 counts discharge of pollutants without
permit in violation of Clean Water Act, Sees. 301 and 309(c)(l) [33
U.S.C. §§ 1311 and 1319(c)(l)]; three counts violating storage,
marking and recordkeeping standards relating to PCBs under
TSCA, Sec. 15 [15 U.S.C. § 2614]; one count treatment, storage, and
disposal of hazardous waste without permit under RCRA, Sec
3008(d)(2) [42 U.S.C. § 6928(d)(2)]; one count failure to notify of
release of hazardous substance in violation of CERCLA, Sec 103(b)
[42 U.S.C. § 9603(b)]; one count failure to notify of existence of
hazardous waste disposal facility in violation of CERCLA, Sec.
103(c) [42 U.S.C. § 9603(c)]; one count false statements in response to
industrial waste questionnaire [18 U.S.C. § 1001] and two counts
conspiracy to violate Clean Water Act (misdemeanor) and RCRA
(felony).
Behre - Charged on all same counts except false statements.
Gustafson • 41 counts violation of Clean Water Act, Sees. 301 and
309(c)(l), and three counts violation of TSCA standards.
06/24/85: Jury viewing of site conducted by Court.
06/25/85: Trial began.
07/01/85: The company entered guilty plea to 15 counts in violation of
Clean Water Act, Sees. 301 and 309(c)(l), one count under CERCLA,
103(b) and one count under CERCLA, 103(c).
07/02/85: Company sentenced to $4,000 fine on each Clean Water Act
count plus $7,500 on each CERCLA count for total of $75,000. Charges
against individuals dismissed.
-------
12/19/89 - 26
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No /Court
Facts and Status
Robert Clements, Inc
85-00069
(E D. Va.)
Facts: Failure to notify EPA of release of hazardous substance in excess
of one pound from facility in Alexandria.
04/03/85: Company entered guilty plea to one-count information filed
same day charging failure to report release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
04/26/85: Company sentenced to and paid $4,000 fine.
Venus Laboratories, Inc.
85-00238
(N.D. 111.)
Facts: Liquid chemical wastes, including cleansers, dram cleaners,
and other cleaning agents discharged into tributary of Des Plaines
River without permit. Company allowed contaminated runoff to drain
into river via ditch and was believed to have hidden pipe connecting
plant drains to city's storm sewers. EPA personnel observed highly
contaminated water entering river.
04/17/85: 22-count indictment filed charging company with negligent
discharge of liquid chemical wastes into river without permit in
violation of Clean Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§1311
and 1319(c)(l)].
08/01/85: Company entered guilty plea to four counts violation of Clean
Water Act.
09/17/85: Company sentenced to $2,500 fine on each count for $10,000
total.
CSI Technologies, Inc.
85-0325
(S.D. Cal.)
Facts: Importation and distribution of specialized high voltage, high
frequency capacitors containing PCBs from partner in Columbia under
technical assistance contract.
04/16/85: Sealed, four-count information filed charging two counts of
smuggling [18 U.S.C. § 545] and two misdemeanor counts under TSCA,
Sec. 15, for illegal distribution in commerce of capacitors containing
PCBs [15 U.S.C. § 2614].
04/18/85: Company waived indictment and pled guilty to information
unsealed on this date. Company sentenced to $30,000 fine and ordered to
destroy all seized capacitors.
Richard Allen Taggert
Keith Egan
85-60016
(D. Or.)
Facts: False statements made to State of Oregon inspector concerning
accumulation of hazardous wastes. Egan was plant manager and
Taggert was plant superintendent of Evans Transportation Company
04/24/85: One-count information charging both defendants with one
count false statements under RCRA, Sec. 3008(d)(3) [42 U.S.C.
§ 6928(d)(3)].
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
12/19/89 - 27
Defendant(s)/Docket No /Court
Facts and Status
Richard Allen Taggert, et al.
(cont. from previous page)
04/30/85: Egan pled guilty to aiding and abetting, and 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.
Albert Mardikian
Garo Mardikian
85-00509
(C.D. Cal.)
Sembat Agob
85-00782
(C.D. Cal.)
Facts: Automobile import and emission testing facility in Orange
County used mail fraud scheme to defraud EPA and Customs Service
regarding importation of motor vehicles not conforming to Clean Air
Act emissions standards and submittal of false test data to EPA from
mid-1981 until 1984. Albert Mardikian was chief operations officer and
Garo is Albert's nephew and plant manager. Agob was an employee of
Albert Mardikian Engineering, Inc.
05/22/85: 35-count felony indictment charging Albert Mardikian with
17 counts mail fraud [18 U.S.C. § 1341] and 18 counts false statements [18
U.S.C. § 1001]. Garo Mardikian was charged with 10 counts of mail
fraud.
08/07/85: Trial began.
08/08/85: During presentation of government's case, Albert Mardikian
entered guilty plea to nine counts false statements and one count mail
fraud. Garo Mardikian entered guilty plea on same date to three counts
mail fraud.
08/12/85: One-count information filed charging Agob with one count
false statements [18 U.S.C. § 1001]. Agob was an employee of
Mardikian Engineering.
08/13/85: Agob waived indictment and pled guilty.
11/04/85: Agob sentenced to five years imprisonment (all but 20 days
suspended and served on weekends), five years probation plus 2,500
hours community service.
11/25/85: Albert Mardikian sentenced to five years imprisonment (all
but six months suspended), five years probation plus 2080 hours
community service consisting of at least eight hours per week over five-
year period teaching under-privileged individuals how to improve job
seeking skills; Albert also required to place no fewer than 20
individuals each year into jobs plus restitution to injured parties. Garo
Mardikian sentenced to five years imprisonment (all but 30 days
suspended and served on weekends), five years probation plus
community service over five-year period.
-------
12/19/89 • 28
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No /Court
Facts and Status
Eric Donald Roth, Sr.
85-00119
(E.D. Mo.)
Facts: Five cities paid chemical laboratory in Festus, Missouri to
perform tests required by Clean Water Act permits. Laboratory owner
submitted false Discharge Monitoring Reports to Missouri Department
of Natural Resources. Statements of business associates indicated
knowing violations.
05/23/85: 10-count indictment filed charging Roth (d/b/a Analyst
Consulting Laboratories, Inc.) with three counts false statements [18
U.S.C. § 1001]; 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
misdemeanor counts of false statements.
09/06/85: Roth sentenced to four months imprisonment on each Clean
Water Act count (terms to run concurrently). Sentencing on felony
count suspended pending completion of five years probation and 200
hours community service.
Layton Brothers Drum Company, Inc.
Willie Frank Hines
85-00174
(D. Colo.)
Facts: Storage and disposal of hazardous waste without permit, and
transportation of hazardous waste via interstate highway 1-70 through
Eisenhower Tunnel without manifests. Oils and other liquid refuse
matter channeled via earth trench into Ralston Creek without permit.
Hines was company manager.
05/23/85: 11-count indictment filed charging company with three counts
disposal of hazardous waste without permit and four counts storage of
hazardous waste without permit, all in violation of RCRA, Sec.
3008(d)(2) [42 U.S.C. § 6928(d)(2)]; one count false statements [18 U.S.C.
§ 1001]; one count violation of the Rivers and Harbors Appropriation Act
of 1899 (Refuse Act), Sec. 13 [33 U.S.C. § 407]; and one count violation of
the Hazardous Materials Transportation Act (HMTA) [49 U S.C.
§ 1809]. Hines charged with one count false statements.
07/12/85: Superseding information filed against same defendants
charging same counts.
09/12/85: Company entered guilty plea to one count violation of Refuse
Act and one count violation of HMTA. Charges against Hines were
dismissed.
10/24/85: Company sentenced to $10,000 fines on HMTA count and
$2,000 fine for Refuse Act violation.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
12/19/89 - 29
Defendant(s)/Docket No./Court
Facts and Status
Frankel Manufacturing Company
85-224
(D. Colo.)
Facts: Storage of hazardous waste without permit in excess of 1,000
kilograms.
07/17/85: Company waived indictment and entered plea of guilty to
information filed on same date charging one count violation of RCRA
Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)].
08/30/85: Company sentenced to $200,000 fine and three years probation.
First $100,000 payable in two annual installments beginning 08/30/86.
Remaining $100,000 suspended if terms of probation, including cleanup
and $100 assessment to Crime Victim's Fund are met.
Fried Industries, Inc.
85-58
(D.N.J.)
Facts: Manufacturer of cleaning agents and detergents stored and
disposed of industrial chemicals containing methylene chloride,
t rich lor omethane, phenanthrene, and phthalates 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(b)]. Company
sentenced on same date to $40,000 fine.
Peter J. Vileisis, Jr.
Maurice Fabiani
Waterbury House Wrecking Co., Inc.
N-85-46
(D. Conn.)
Facts: Building demolition at Old Pin Shop in Oakville without notice
to EPA, without removing asbestos prior to demolition and without
wetting asbestos material exposed during operation. Vileisis is
president of company and Fabiani is owner of Old Pin Shop.
08/01/85: Five-count indictment filed charging company and Vileisis
with three counts causing asbestos emissions in violation of Clean Air
Act, Sees. 112(c)(l)(B), 112(e)(5), and 113(c)(l)(C), [42 U.S.C.
§§ 7412(c)(D(B), 7412(e)(5), and 7413(c)(l)(C)] and regulations at 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.
112(c)(l)(B), 112(e)(5), and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B),
7412(e)(5), and 7413(cXD(C)] and 40 CFR § 61.147.
11/05/85: Fabiani pled guilty to same charge in one-count superseding
information filed this date.
-------
12/19/89 - 30
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
Defendant(s)/Docket No./Court
Facts and Status
Peter J. Vileisis, Jr , et al.
(cont. from previous page)
12/19/85: Vileisis sentenced to one year suspended sentence, five years
probation, $25,000 fine plus $25 penalty assessment, 1,000 hours
community service and must attend, at own expense, seminars on
disposal of asbestos. Fabiani sentenced to one year imprisonment (all
but 30 days suspended), five years probation, $25,000 fine plus S25
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 Violation Facilities under 40 CFR Part 15 resulting in
ineligibility for EPA contracts, grants, and loans.
Richard M. Mims
85-252
(N.D. Tex.)
Facts: Mims was former president of Brass Mill Co., a brass plating
company, which directed employees to dump a dozen 55-gallon drums of
toluene at L. B. Houston Nature Area.
08/20/85: One-count indictment filed charging defendant with disposal
of hazardous waste without permit in violation of RCRA, Sec. 3008(d)(2)
[42 U.S.C. § 6928(d)(2)].
08/28/85: Defendant pled guilty.
09/25/85: Defendant sentenced to two years probation and $2,500 fine
payable either in lump sum or monthly installments.
-------
Fiscal Year 1986
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89-31
Defendant(s)/Docket No /Court
Facts and Status
Norbert Emel Gall
Dennis Ray Alston
Phillip Anthony Williams
Brigitte Gertrud Laurus
85-236
(S.D. Tex.)
Norbert Emel Gall
Freddie Lee Fincher, Sr.
Donald Lee Fincher
Brigitte Gertrud Laurus
85-278
(S.D. Tex.)
Facts: Automobile broker and associates imported cars from Germany
and deceived EPA into granting "five-year-old exemption" of
nonconforming vehicles from Clean Air Act requirements Freddie
Fincher was principal stockholder and president of Fred Fincher
Motors, Inc. and Donald Fincher was general manager and executue
vice president. Alston was owner of D.R.A. Construction Company and
Williams was Alston's employee. Laurus is a permanent resident
alien of the U.S. and a citizen of Germany.
10/04/85: 31-count indictment filed charging Gall, Alston, and
Williams each with one count conspiracy [18 U.S.C. § 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
charged with one count conspiracy.
11/26/85: 47-count indictment filed charging Freddie Fincher and
Donald Fincher each with one count conspiracy [18 U.S.C. §371], 17
counts entering goods into country by means of false statements [18
U.S.C. § 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]
and three counts smuggling [18 U.S.C § 545].
01/28/86: Superseding information filed charging Laurus with one
count false statements under the Clean Air Act, Sec. 113(c)(2) [42 U S C.
§ 7413(c)(2)].
02/06/86: Gall entered guilty plea under first indictment to one count
conspiracy [18 U.S.C. § 371] and six counts entry of goods by way of false
statements [18 U.S.C. § 542].
02/14/86: Gall entered guilty plea under second indictment to one count
conspiracy, four counts entering goods by means of false statements,
and five counts smuggling.
03/25/86: Laurus pled guilty to one count under Clean Air Act, Sec
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 one year probation.
-------
12/19/89 - 32
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Norbert Emel Gall, et al
(cont. from previous page)
Edward F. Wiatt
H36-278
(S.D. Tex)
Facts: Wiatt was co-owner of Grand Prix Motors and imported foreign
automobiles under a "five-year-old exemption" obtained from EPA
10/10/86: Information filed charging Wiatt with 10 counts of submitting
fraudulent documents to EPA in violation of Clean Air Act Sec
113(c)(2) [42 U.S.C. § 7413(c)(2)].
10/14/86: Alston pled guilty to a single felony count of conspiracy to
violate 18 U.S.C. §§ 542, 545, and 1001 and 10 misdemeanor counts
under Sec. 113(c)(2) of the Clean Air Act for the knowing submission of
false statements to EPA.
11/12/86: Wiatt pled guilty to a six-count criminal information
charging him with submitting fraudulent documents to EPA in
violation of the Clean Air Act, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)].
12/01/86: Alston sentenced to $24,000 fine, including restitution
payments of approximately $3,800 and six months probation. Williams
sentenced to three years probation and 80 hours of community service.
12/17/86: Wiatt sentenced to $1,500 fine and 150 hours of community
service.
Douglas G. Hoflin
85-82
(W.D. Wash.)
Facts: Former public works director for the City of Ocean Shores,
Washington buried 14 drums of old road striping paint at City's sewage
treatment plant adjacent to National Wildlife Refuge in sandy soil
next to ocean, and dumped 3,500 gallons of raw sewage into sandy
depression, also next to ocean.
10/10/85: Three-count indictment filed charging defendant with one
count conspiracy to violate RCRA [18 U.S.C. § 371], one count disposal of
hazardous waste without permit under RCRA, Sec. 3008(d)(2) [42 U S C.
§ 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)L
02/24/86: After five days of trial, jury returned guilty verdict.
Defendant convicted of one RCRA count and one Clean Water Act
count.
03/28/86: Defendant sentenced to two years probation and 200 hours
community service.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 33
Defendant(s)/Docket No/Court
Facts and Status
Georgia Bonded Fibers, Inc.
85-00078
William Garry Byles
85-00075
James C. Kostelni
85-00076
Daniel LaVietes
85-00077
(W.D. Va.)
Facts: Joint investigation by EPA, Defense Criminal Investigation
Service, and Virginia Water Control Board. Repeated instances of
bypassing wastewater treatment plant and discharging into Maim
River, reporting fictitious laboratory results in Discharge Monitoring
Reports (DMRs) and filing false statements pertaining to DOD contract.
specifications concerning military baseball-type cap visors made
using company's Bondex fiber board. Kostelni was president, LaVietes
was former vice president for research and development, and Byles was
chief chemist.
10/17/85: Defendants pled guilty to following charges in four separate
informations filed on this date:
Byles - Pled guilty to one-count information charging false
statements in DMRs in violation of Clean Water Act, Sec. 309(c)(2)
[42 U.S.C. § 1319(c)(2)] and sentenced on same date to $500 fine.
Kostelni - Pled guilty to three-count information charging two
counts discharge of wastewater in violation of NPDES permit under
Clean Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and
1319(c)(l)], and one count conversion of Government property under
DOD contract [18 U.S.C. § 641]. Kostelni sentenced on same date to
fines of $10,000, $10,000 and $500, respectively, for total of $20,500 (all
but $5,000 suspended).
Company - Waived indictment and entered guilty plea to three-
count information charging one count discharge of pollutants into
river in violation of NPDES permit under Clean Water Act, Sec
309(c)(l), one count false statements in DMRs in violation of Clean
Water Act, Sec. 309(c)(2) and one count false statements in
certification under DOD contract [18 U.S.C. § 1001]. Company
sentenced on same date to fines of $25,000, $10,000 and $10,000 on
each count for total of $45,000, $15,000 restitution to Government as
settlement of claim under False Claims Act, and directed to
reimburse Government for costs of investigation ($11,050 to EPA
and $1,600 to DOD).
LaVietes - Charged with one count making false statements in
DMRs under Clean Water Act, Sec. 309(c)(2) and one count
conversion of Government property [18 U.S.C. § 641].
11/08/85: LaVietes pled guilty to all counts charged and sentenced to
$1,500 fine (all but $500 suspended), plus unsupervised probation for two
years.
-------
12/19/89 - 34
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Dockec No /Court
Facts and Status
Electric Service Company
Laddie F. Snyder
Ernest J. Mondron
Franklin D. Baker
Wallace D. Childers
85-0117
(S.D. Ohio)
Facts: Electric Service Co. was engaged in business as a refurbisher
and disposer of PCB items, primarily transformers, signed
administrative consent order with EPA Region V, requiring firm to
bring its facility into compliance with PCB regulations Snyder was
company president, Mondron was sales manager, and both Baker and
Childers were foremen.
10/17/85: Six-count indictment filed charging:
Company, Snyder and Mondron - Four counts violation of TSCA for
improper storage and disposal of PCB-contaminated dirt, failure to
properly mark storage area and failure to properly decontaminate
equipment used to move dirt [15 U.S.C. § 2614], one count conceal-
ment from Agency of unauthorized storage of PCB-contaminated
dirt [18 U.S.C. § 1001] and one count conspiracy to violate TSCA [18
U.S.C. § 371].
Baker - Two counts violation of TSCA for improper disposal and
improper storage and one count conspiracy to violate TSCA.
Childers • One count improper storage under TSCA and one count
conspiracy.
02/15/86: Jury returned guilty verdict against company, Snyder,
Mondron, and Baker and acquitted Childers. Company and Mondron
each convicted on one count illegal PCB disposal, one count failure to
mark PCB storage area in violation of TSCA, Sees. 15 and 16(b) [15
U.S.C. §§ 2614 and 2615(b)]; one count concealment from EPA of
unauthorized PCB storage [18 U.S.C. § 1001]; and one count conspiracy
to defraud U.S. Government [18 U.S.C. § 371]. Snyder convicted of one
count concealment of PCB storage [18 U.S.C. § 1001]; and one count
conspiracy [18 U.S.C. § 371]. Baker convicted on one count illegal PCB
disposal in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and
2615(b)]; and one count conspiracy.
04/14/86: Company sentenced to one year probation on condition that it
perform community service by sending letter to businesses using toxic
substances and generating hazardous waste advising of the penalties of
violating the law. Company also to pay $30,000 total fine Mondron
sentenced to five years imprisonment (sentence suspended) plus one
year probation and 100 hours community service. Snyder sentenced to
two years imprisonment (sentence suspended) plus two years probation
and 100 hours community service. Baker received one year suspended
sentence, one year probation, and 100 hours community service.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 35
Defendant(s)/Docket No/Court
Facts and Status
Alan M. Franko
85-1146-M
(ED Va.)
Facts: Failure to notify proper U.S. Government Agency prior to
removal of asbestos material while fulfilling Department of Navy
contract awarded for removal and disposal of asbestos pipe insulation at
Naval Observatory in Washington, D.C. Franko is former vice
president and project manager of AMF Insulation Co.
10/31/85: Defendant pled guilty to one count information filed same
date charging failure to report release of hazardous substance (asbestos)
in violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
12/02/85: Defendant sentenced to 30 days suspended sentence plus six
months probation and $150 fine.
Charles J. Berlin
85-50057
(E.D. Mich.)
Facts: Burial of five underground storage tanks containing a
poisonous corrosive (C-56) and other compounds, hundreds of barrels
containing paints, acids, and cyanide, plus paint sludges dumped into
covered earthen trench, all prior to enactment of RCRA at Superfund
site in Swartz Creek, Michigan. Berlin is president and owner/
operator of Farro Liquid Incineration, Inc.
11/06/85: One-count indictment filed charging failure to notify of
hazardous waste facility in violation of CERCLA, Sec. 103(c) [42 U S C
§ 9603(c)].
11/08/85: Superseding indictment filed charging same count.
01/16/86: Defense motion for directed verdict of acquittal granted on
ground that Government failed to prove specific knowledge of
defendant.
Executive Advertising, Inc.
Thomas David LaViolette
Roderick Warren Reiser
85-80795
(E.D. Mich.)
Facts: Approximately 100 drums containing waste inks and lacquers
found in abandoned warehouse in Detroit. LaViolette was company
vice president and part owner.
11/20/85: Three-count indictment filed against company, LaViolette,
and Reiser charging one count transportation of hazardous waste to
unpermitted facility under RCRA, Sec. 3008(d)(l) [42 U.S.C
§ 6928(d)(l)]; one count treatment, storage, and disposal of hazardous
waste without permit under RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)]; and one count conspiracy to violate RCRA [18 U S C.
§ 371].
01/23/86: Company, LaViolette, and Reiser each entered guilty plea to
one count of knowingly transporting hazardous waste to unpermitted
facility in violation of RCRA, Sec. 3008(d)(l).
04/25/86: Company sentenced to pay a $50,000 fine. Each individual
sentenced to two years imprisonment (all but 60 days suspended), three
years probation, 400 hours community service, and $15,000 fine.
-------
12/19/89 - 36
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Norman F. Smith
85-00092
(M.D. Fla.)
Facts: Companion case to Greer. Fraudulent invoices dated July 1982
mailed to Florida State Department of Environmental Regulation
(DER). False reports prepared on laboratory chemical tests, which had
never been performed, on papers bearing name of Environmental
Testing Laboratory, Inc. of Chicopee, Massachusetts, which had never
authorized use of its name. Lab tests to have been performed in
connection with cleanup of one of Greer's illegal hazardous waste
dumpsites in Sanford, DER had contracted with Greer and Greer had
subcontracted to Smith.
11/21/85: Indictment filed charging three counts mail fraud [18 U S C
§ 1341].
01/08/86: Defendant entered guilty plea to one count mail fraud.
07/21/86: Defendant sentenced to $1,000 fine, four years probation, and
restitution of $5,420.
Arthur J. Greer
85-00105
(M.D. Fla.)
Facts: Proprietor and operator of four now defunct hazardous waste
handling companies based in Orlando, endangered employees by
directing them to test chemicals such as cyanide, 1,1,1-trichloroethane,
toluene, methyl ethyl ketone, and xylene by sniffing samples or
lighting them in soft drink cans, rather than by performing required
chemical analysis. Also, dumping 1,000 gallons of waste, primarily
1,1,1-trichloroethane, and mislabeling drums of hazardous waste as
dirt.
12/17/85: 33-count indictment charging 23 counts mail fraud [18 U.S.C.
§ 1341]; one count disposal of hazardous waste without permit under
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; one count failure
to notify of release of hazardous substance under CERCLA, Sec. 103(b)
[42 U.S.C. § 9603(b)]; one count making false claim [18 U.S.C. § 287];
one count mislabeling 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 mislabeling,
and one count of illegal disposal.
08/05/86: Notice of appeal on directed verdict by government.
09/16/86: Defendant sentenced to five years imprisonment (all but three
months suspended), four years and nine months probation, 1,000 hours
community service and $23,000 fine.
09/23/86: Defendant filed notice of appeal.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 37
Defendant(s)/Docket No /Court
Facts and Status
Arthur J. Greer
(cont. from previous page)
08/01/88: Two counts charged in the indictment were remanded and
defendant Greer will be sentenced for one count of violating RCRA.
Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)], and one count of violating
CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)].
11/23/88: Greer was sentenced to serve one year and one month
imprisonment.
Ocean Reef Club, Inc.
Russell A. Post
Claude H. Gehman
Mark Malka
85-909
(S.D. Fla.)
Facts: Discharge of raw sewage and sewage effluent from
December 15, 1982 to November 10, 1983 into the Atlantic Ocean by
means of diverting valves or bypass lines installed in club's permitted
sewage collection and treatment plant; also, falsification of Discharge
Monitoring Reports to EPA. Post is company president and chief
operating officer, Gehman is company vice president, and Malka is
employee in utilities department.
12/05/85: 346-count indictment filed charging company, two officers,
and employee as follows:
Company, Gehman, and Malka - One misdemeanor count
conspiracy to violate Clean Water Act [18 U.S.C. § 371], one felony
count conspiracy to file false statements with and conceal material
facts from EPA [18 U.S.C. §371], 12 felony counts making false
statements [18 US.C. § 1001], and 332 misdemeanor counts
discharging pollutants without NPDES permit and violation of
permit conditions in violation of Clean Water Act, Sees. 301 and
309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)].
Post - One count conspiracy to violate Clean Water Act and 332
counts discharging in violation of Clean Water Act, Sees. 301 and
309(c)(D.
07/31/86: Company pled guilty to 40 counts discharging pollutants in
violation of NPDES 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.
Peter Hedegard
Eric Myers
JANCO United, Inc.
85-00342
(W.D. Wash.)
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 spirits] for 10 days from manufacturing operations into hidden
pipe connected to storm sewer leading into Duwamish River. Hedegard
was company president and Myers was vice president.
-------
12/19/89 - 38
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Peter Hedegard, et al.
(cont. from previous page)
12/09/85: Two-count information filed charging company with one
count discharge of pollutants without permit in violation of Clean Water
Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)].
Hedegard and Myers each charged with one count violation of
Clean Water Act, Sees. 301 and 309(c)(l) and one misdemeanor
count conspiracy to violate Clean Water Act [18 U.S.C. § 371).
12/11/85: All defendants 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 conservation programs) plus facility listed on EPA
List of Violating Facilities pursuant to 40 CFR Part 15.20 and excluded
from Federal Government contracts, grants, or loans. Hedegard and
Myers each sentenced to one year imprisonment (all but five days
suspended), three years probation, $25,000 fine (all but $5,000 suspended)
and 300 hours community service.
Everett 0. Harwell
Eugene Roy Baggett
85-28
(N.D. Ga.)
Facts: Harwell is president and Baggett is vice president for operations
of Southeastern Waste Treatment, Inc., a waste treatment company
which disposed of electroplating wastes without permit, filed false
statements with Georgia Environmental Protection Division.
Defendants also transported hazardous wastes, failed to notify of their
release, misrepresented that wastes had been incinerated and poured
them into city sewage system.
12/10/85: 15-count indictment returned (sealed until defendants could
be arrested on 12/11/85). Harwell and Baggett charged with one count
conspiracy to violate RCRA [18 U.S.C. § 371]; four counts making false
statements [18 U.S.C. § 1001]; one count treatment and disposal of
hazardous waste without permit under RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(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
failure to notify of release of hazardous substance under CERCLA, Sec.
103(b) [42 U.S.C. § 96030))].
10/29/86: Defendants each pled guilty to one felony count of treating and
disposing of hazardous (electroplating) wastes without a permit, in
violation of Sec. 3008(d)(2) of RCRA. Harwell also pled guilty to one 18
U.S.C. § 1001 false statement felony count. Baggett also pled guilty to a
RCRA unpermitted transportation of hazardous waste felony count in
violation of 42 U.S.C. § 6928(d)(l).
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 39
Defendant(s)/Docket No /Court
Facts and Status
Everett 0. Harwell, et al.
(cont from previous page)
10/15/87: Harwell sentenced to three years imprisonment and 820,000
fine. Baggett sentenced to 18 months imprisonment and $10,000 fine.
Eagle Picher Industries, Inc.
85-343
Richard Brown
86-005
(D. Colo.)
Facts: Nickel-cadmium battery manufacturer's environmental
engineer (Brown) ordered burial of five drums of toxic wastes without
permit. During removal of drums, contaminated sand spilled onto soil
and remained unreported.
12/11/85: Company 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(b)J.
01/09/86: Two-count indictment filed charging Brown with one count
disposal of hazardous waste without permit under RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)], and one count of making a
false statement to EPA [18 U.S.C. § 1001].
01/29/86: Company sentenced to $3,500 fine.
03/31/86: Court dismissed false statement count against Brown and
placed him in pretrial diversion program.
Charles Colbert
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
85-1134
CS.D.N.Y.)
Facts: Charles Colbert was company president and Jack Colbert was
company vice president of companies engaged in the chemical trading
business in Mount Vernon. The companies shipped recycled
chlorinated solvent mixture containing only 1% of ordered chemicals to
chemical import business in Zimbabwe in sophisticated, international
"bait and switch" scheme. Case investigated by FBI and Agency for
International Development.
12/12/85: 32-count indictment filed charging Jack Colbert, Charles
Colbert, and both Companies with one count conspiracy, 15 counts wire
fraud [18 U.S.C. § 1343]; six counts mail fraud [18 U.S.C. § 1341]; six
counts false statements [18 U.S.C. § 1001]; one count false claims [18
U.S.C. §287]; and two counts transportation of false securities [18
U.S.C. § 2314]. Charles Colbert and Jack Colbert also charged with one
count obstruction of justice [18 U.S.C. § 1503].
05/08/86: 30-count superseding indictment filed charging Charles and
Jack Colbert with one count conspiracy, 15 counts wire fraud, six counts
mail fraud, six counts false statements, one count making false claims
and one count obstruction of justice. Both Companies charged with
same counts except for obstruction of justice.
06/02/86: Trial began.
-------
12/19/89 - 40
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Charles Colbert, et al.
(cont. from previous page)
06/09/86: After six days of trial, jury verdicts of guilty returned against
Charles and Jack Colbert (27 felony counts each) and against Signo
Trading and SCI (26 felony counts each).
07/28/86: Both Colberts sentenced to total 13 years imprisonment each (to
run consecutively with other State or Federal sentences), S 1,350 in costs
under Comprehensive Crime Control Act and $66,000 restitution. Jack
Colbert also fined additional $50,000 on conspiracy count Each
company fined $250,000 and $1,300 in costs.
ABC Compounding Company, Inc.
William S. Armistead
Vincent Armistead
85-484
(N.D. Ga.)
Facts: Company engaged in business of selling, blending, mixing,
and packaging chemicals for use as domestic and industrial cleaners,
solvents, aerosols and pesticides. William Armistead was vice
president and part owner and Vincent Armistead, his son, was plant
supervisor.
12/18/85: Company waived indictment and entered guilty plea to three-
count information 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)]; and one count failure to notify of release of hazardous
substance under CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)]. William
Armistead and Vincent Armistead each charged with one count
conspiracy and one count disposal of hazardous waste without RCRA
permit and each 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 one year probation, $20,000 fine and ordered to
complete cleanup of Jim's Old Plant in northwest Atlanta.
Rocky Mountain Materials and
Excavating, Inc.
85-350
(D. Colo.)
Facts: Soil contaminated with pentachlorophenol discharged onto
banks and into flood plain of Fountain Creek.
12/23/85: Company entered guilty plea to information filed on same
date charging one count discharge of pollutants without an NPDES
permit in 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 Victim's Fund.
05/05/86: Company listed on EPA's List of Violating Facilities as a
result of violating the Clean Water Act. Pursuant to 40 CFR Part 15,
facility may not be used in any new, renewed, or extended Federal
contract, subcontract, grant, loan, subgrant, or subloan.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89-41
Defendant(s)/Docket N'o /Court
Facts and Status
Neville Chemical Company
86-88
(C.D. Cal )
Facts: Chemical company generated hazardous wastes during
manufacture of chlorinated paraffins. Indictment charges company
with burial of spent ortho-dichlorobenzene (ODCB) and ODCB still-
bottoms in pit on plant grounds in 1981.
01/29/86: One-count indictment returned against company charging
knowing disposal of hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. §6928(d)(2)(A)].
09/30/86: One week trial began.
10/07/86: Defendant found guilty as charged.
11724/86: Defendant sentenced to pay $50,000 fine ($10,000 suspended if
paid by January 15, 1987) and placed on probation for three years.
Robert K. Blackstone
86-00012
Wendall Wayne Johnson
86-00013
(W.D. Wash.)
Facts: Operator of auto repair facility in Federal Way (Blackstone)
and independent scrap metal dealer (Johnson) disposed of eight barrels
containing paint waste and lacquer thinner on vacant lot in Puyallup
02/12/86: Five-count indictment filed charging Blackstone with one
count conspiracy to violate RCRA [18 U.S.C. § 371]; two counts knowing
transportation of hazardous waste without manifest in violation of
RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)]; and two counts knowing
illegal disposal of hazardous wastes under RCRA, Sec. 3008(d)(2)(A),
[42 U.S.C. § 6928(d)(2)(A)]. Separate indictment filed same date
charging Johnson with same counts.
04/04/86: Johnson pled guilty to one count disposal without permit under
RCRA, Sec. 3008(d)(2)(A).
04/25/86: Blackstone pled guilty to one count disposal without permit
under RCRA, Sec. 3008(d)(2)(A).
05/16/85: Johnson sentenced to three years imprisonment (all but six
months suspended), $500 fine, three years probation, including
condition that he participate in alcohol treatment program, and 350
mandatory penalty assessment to Crime Victim's Fund.
06/05/86: Blackstone sentenced to imprisonment for term of one year
and one day, $5,000 fine, and $7,100 restitution to Washington State
Department of Ecology plus $50 mandatory penalty assessment to Crime
Victim's Fund.
-------
12/19/89 - 42
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
86-057
(E D. Cal.)
Facts: Rinsates from holding tanks and chemical applicators dumped
into unlined pits by agricultural chemical distributor (B&R), its
successor company (Frontier) and manager of both operations
(Kidwell).
11/14/85: Indictment lodged with clerk of the court.
03/19/86: Upon waiver of indictment, defendants pled guilty to five-
count information filed on same date charging B&R with two counts
storage and disposal of hazardous waste at unpermitted facility m
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 Kidwell to one count same
charge. Two companies each sentenced to $75,000 fine plus cleanup of
site.
06/11/86: Kidwell sentenced to two years imprisonment (all but 180 days
suspended), five years probation and $10,000 fine to be paid from
personal funds.
George Timothy Mercier
Timothy Scott McLeod
86-00111
(S.D. Tex.)
Facts: Amount of lead used by Gulf States Oil and Refining Company
was understated in 1984 quarterly reports required by "lead
phasedown" regulations promulgated under Clean Air Act, Sec. 211
Mercier is former head of company's fuel-blending operation and
McLeod was chemist.
04/11/86: Five-count indictment filed charging Mercier and McLeod
each with one count conspiracy [18 U.S.C. §371] and four counts
submitting false statements to Federal agency [18 U.S.C. § 1001].
08/28/86: Two-count superseding information filed against McLeod
charging one count conspiracy and one count submitting false
statements under Clean Air Act, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)].
08/29/86: McLeod pled guilty to both counts in superseding information
10/28/86: McLeod sentenced to a $6,000 fine and one year probation
07/21/87: Five-count superceding information filed charging Mercier
with one count conspiracy [18 U.S.C. § 371] and four counts making
false statements under Clean Air Act, Sec. 113(c)(2) [42 U S.C
§ 7413(c)(2)]. Mercier pled guilty to each count in superceding
information. Mercier was fined $15,000 and sentenced to 35 days
imprisonment on each of five counts with terms to run concurrently on
each count.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 43
Defendant(s)/Docket No /Court
Facts and Status
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc
86-31
(W.D Wash.)
Sam Jenkins, Jr.
Sea Port Bark Supply, Inc.
CR-88-56TB
(W.D. Wash.)
Facts: Liquid waste from bark processing discharged into Hylebas
Waterway. Jenkins is owner of company.
04/15/86: Information filed charging company and Jenkins each with
three counts discharging pollutants into navigable water without
NPDES permit in violation of Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
06/11/86: Company and Jenkins each entered guilty pleas to one Clean
Water Act count.
08/29/86: Company sentenced to $2,500 fine ($1,500 suspended) which
includes $100 mandatory penalty assessment to Crime Victim's Fund
and one year probation. Jenkins sentenced to $2,500 fine ($2,250
suspended) which included $25 mandatory penalty assessment to Crime
Victim's Fund, plus one year probation.
Facts: A Tacoma bark-processing company and its president, Sam
Jenkins, Jr., both previously convicted of CWA violations, were
indicted a second time with similar charges.
05/26/88: The Company and Jenkins were charged in an 11-count
indictment charging each with:
Seven counts of negligent discharge of pollutants into navigable
water of the U.S. without having obtained a permit, in violation of
CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and
Four counts of knowing discharge of pollutants into a navigable
water of the U.S. in violation of CWA, Sees. 301(a) and 309(c)(2)(A)
[33 U.S.C. §§ 1311(a) and 1319(c)(2)(A)].
12/16/88: The company and Jenkins each pled guilty to one count of
negligent discharge of pollutants into waters of the U.S., in violation of
33 U.S.C.§§ 1311(a) and 1319(c)(l). The company and Sam Jenkins, Jr.
were each sentenced to pay $1,000 fines.
Keebler Corporation
86-104
(D. Colo.)
Facts: Methylene chloride and tetrachloroethylene released without
notice.
04/15/86: Company entered guilty plea to information filed same date
charging one count failure to notify of release of hazardous substance in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)].
05/30/86: Company sentenced to $5,000 fine ($4,000 suspended) and six
months probation during which time cleanup is required, plus $100 to
Crime Victim's Fund. State of Colorado collected $22,500 civil penalty
and issued administrative order for cleanup.
-------
12/19/89 - 44
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Darrel A. Duisen
George W Shearer
Glen D. Faulks
Rogelio A. Marin-Sagristo
U S. Technology and Disposal
Service, Inc.
Tratamientos Petroquimilos
Mexicanos, S.A. de C.V.
Guillermo Marin-Orosco
86-0401
(S.D. Cal.)
Facts: Hazardous waste disposal corporation in Beiate, California
(U.S. Technology) designated as exclusive representative of Mexican
corporation established to operate Rancho Ramo recovery and recycling
facility (Tratamientos). Charges resulted from export of hazardous
waste for disposal in Mexico. Duisen was owner and corporate officer
of Tratamientos and chief executive officer of U.S. Technology
Shearer was president, chairman of the board, and principal owner of
U.S. Technology, and Faulks was company vice president. Mann-
Sagristo was manager of Tratamientos.
04/18/86: Each defendant charged by indictment (unsealed 04/22/86)
with one count conspiracy [18 U.S.C. § 371]; seven counts mail fraud [18
U.S.C. § 1341]; and 33 counts utilizing false documents [18 U.S.C.
§ 1001] resulting from export of hazardous waste for disposal m Mexico.
08/14/86: Guillermo Marin-Orosco was added to the indictment for the
same charges.
10/28/86: Marin-Sagristo pled guilty to one count of conspiracy.
11/01/86: Trial begins.
11/19/86: Shearer and Duisen pled guilty to two counts 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
four-year term of imprisonment and provide 400 hours of community
service and placed on probation for five years. Duisen was sentenced to
pay a $24,000 fine, serve 120 days of a three-year term of imprisonment,
and provide 400 hours of community service and placed on probation for
five years. Faulks was sentenced to pay a $12,000 fine and placed on
probation for five years. Marin-Sagristo was sentenced to pay a $5,000
fine and placed on probation for five years.
Arneson Timber Company, Inc.
86-00097
(E.D. Mo.)
Facts: Contents of tank containing pentachlorophenol dumped into
catch basin at steel mill facility in Steelville.
04/21/86: Information filed charging company with one count failure to
notify of release of hazardous substance in violation of CERCLA, Sec.
103(b) [42 U.S.C. § 9603(b)].
04/29/86: Company pled guilty and sentenced to $7,500 fine ($3,500
suspended) plus $25 special assessment, and two years probation.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 • 45
Defendant(s)/Docket No./Court
Facts and Status
John Michael Nelson
86-122
(D. Colo )
Facts: Abandonment of spent solvents and paint sludges at self-storage
facility in Broomfield, Colorado.
04/25/86: Indictment filed charging defendant with two counts
knowing storage and disposal of hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]
09/29/86: Jury trial began.
10/02/86: After four days of trial, defendant acquitted of both counts.
Will & Baumer, Inc.
86-94
Howard J. Nybo
86-91
Frederick C. Kiesinger
86-92
Duane Simmons
86-93
(N.D.N.Y.)
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) and 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 disposal 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 - One year imprisonment (execution of sentence suspended),
two years probation, $24,000 total fine, and 400 hours community
service.
-------
12/19/89 - 46
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket N'o./Court
Facts and Status
Will & Baumer, Inc , et al
(cont. from previous page)
Kiesinger - Three months imprisonment (execution of sentence
suspended), two years probation, $12,000 total fine, and 200 hours
community service.
Simmons - Three months imprisonment (execution of sentence
suspended), two years probation, $5,000 fine plus $25 special
assessment and 100 hours community service.
Company • $360,000 total fine ($300,000 stayed) plus $225 special
assessment, three years probation with condition that company
commit no violation of environmental laws.
Nabisco Brands, Inc.
86-00041
Willard L. Kaser
86-00040
William Parks
86-00042
(W.D. Wash.)
Facts: Discharge of untreated industrial waste from Company's yeast
operations in Sumner into Stuck River (White River). Kaser is plant
manager and Parks is plant production supervisor.
05/08/86: Two-count information filed charging company with
willfully and negligently discharging pollutants without permit in
violation of Clean Water Act, Sees. 301(a) and 309(c)(l) [33 U.S.C.
§§ 131 l(a) and 1319(c)(l)]. One-count information filed charging
Parks with conspiracy to discharge pollutants without permit [18 U.S C.
§ 371]. Indictment returned charging Kaser with one count conspiracy,
seven counts mail fraud [18 U.S.C. § 1341]; one count submitting false
statements [18 U.S.C. § 1001]; and 68 counts discharging pollutants
without permit under Clean Water Act, Sees. 301 and 309(c)(l).
05/14/86:
charged.
Company and Parks entered guilty pleas to all counts
06/25/86: Kaser entered guilty pleas to one count conspiracy and one
count mail fraud.
06/27/86: Company sentenced to $450,000 fine (execution of $150,000
suspended), and directed to establish Environmental Trust Fund in
amount of $150,000 for enhancement of fish and game fish resources
and hatcheries in Stuck, White, and Puyallup Rivers plus $200 penalty
assessment for Crime Victim's Fund, and three years probation.
07/18/86: Parks sentenced to $2,500 fine and three years probation plus
250 hours community service.
09/12/86: Kaser sentenced to $5,000 fine and one-year and one-day term
of imprisonment of which he must serve at least nine months and 18
days plus $75 assessment to Crime Victim's Fund.
12/86: Fleischman's Yeast, Inc. added to the "Consolidated List of
Debarred, Suspended and Ineligible Contractors" for an indefinite
period.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 47
Defendant(s)/Docket No./Court
Facts and Status
Bruce Norman Barker
Washington Boat Center, Inc.
86-00127
(W.D. Wash.)
Bruce Norman Barker
Washington Boat Center, Inc.
CR88-90PKS
(W.D. Wash.)
Facts: Dredged spoils discharged into Lake Washington Ship Canal,
and Army Corps of Engineers investigator falsely informed that large
dredging pump was used not to dredge but for removal of silt cloud.
Barker is chief operation officer.
05/08/86: 57-count indictment filed charging Barker and company each
with one count false statements [18 U.S.C. § 1001] and 56 counts
willfully and negligently discharging pollutants without permit in
violation of Clean Water Act, Sees. 301(a), 309(c)(l) and 404 [33 U.S.C
§§ 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 four days of trial, court ordered judgment of acquittal of
all remaining counts for each defendant.
03/29/88: 33-count information charging Barker and company each
with being accessories [18 U.S.C. §§ 2 and 3628] to 33 counts involving
excavation and dredging of sediments and debris from under and
around a pier at the Washington Boat Center Marina, without having
obtained a permit from the U.S. Army Corps of Engineers, in violation
of Rivers and Harbors Appropriation Act of 1899 (Refuse Act), Sees. 10
and 12 [33 U.S.C. §§ 403 and 406].
07/21/88: A Motion to Dismiss all charges was granted.
Marine Power and Equipment, Inc.
Richard C. Woeck
Peter F. Woeck II
Lloyd Anderson
Frank Brady
86-128
(W.D. Wash.)
Facts: Marine Power and Equipment, Inc. was engaged in ship
building operations. Discharge of sand blast waste laden with toxic
heavy metals including lead, arsenic, and copper into Lake Union and
Duwamish River. R. Woeck is president, P. Woeck is vice president
and superintendent of new construction, Anderson is vice president,
and Brady is ship repair superintendent.
05/08/86: 115-count indictment returned charging:
R. Woeck - One count conspiracy [18 U.S.C. §371], 113 counts
discharging 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)]
and one count obstructing navigable waterway in violation of
Section 10 of Rivers and Harbors Appropriations Act of 1899, Sees. 10
and 12 [33 U.S.C. §§ 403 and 406].
P. Woeck and Anderson - One count conspiracy and 113 counts
discharging pollutants without permit.
Brady - One count conspiracy and 81 counts discharging pollutants
without permit.
-------
12/19/89 - 48
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Marine Power and Equipment, Inc.
(cont. from previous page)
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 violation of Clean Water Act, Sees 301(a)
and 309(c)(l) [33 U.S.C. §§ 131 l(a) and 1319(c)(l)]. Charges against
Brady dismissed.
04/10/87: Marine Power was sentenced to pay a $200,000 fine and placed
on probation for three years. Richard Woeck was sentenced to pay a
$4,000 fine, serve five days of a one-year term of imprisonment and
provide 300 hours of community service. Peter Woeck was sentenced to
pay a $3,000 fine, serve five days of a one-year term of imprisonment
and provide 300 hours of community service and placed on probation for
three years. Anderson was sentenced to pay a $1,000 fine and placed on
probation for three years.
Sea Gleaner Marine, Inc.
Paul D. Schwitters
86-00129
(W.D. Wash.)
Facts: Spent abrasive blasting grit and paint particles discharged into
Lake Union. Schwitters is chief operating officer.
05/08/86: Information filed charging Schwitters and company each
with four counts discharging pollutants without permit in violation of
Clean Water Act, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 131 l(a) and
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 five years probation plus $300 penalty assessment to
Crime Victim's Fund. Schwitters sentenced to $15,000 fine (all but
$5,000 suspended) and placed on probation for one year plus $75 penalty
assessment to Crime Victim's Fund.
Robert E. Derecktor of
Rhode Island, Inc.
151 East Post Road Corporation, Inc.
Robert E. Derecktor
86-022
(D.R.I.)
Facts: Robert E. Derecktor is president of Derecktor, Inc., operator of
shipyard for building and repairing vessels located on Coddington
Grove in Middletown. Post Road Corporation owns farm in Portsmouth
occupied by Robert E. Derecktor. Transformers from shipyard leaking
PCBs found buried at farm.
05/20/86: 46-count indictment returned charging each defendant as
follows:
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89 - 49
Defendant(s)/Docket No /Court
Facts and Status
Robert E. Derecktor of
Rhode Island, Inc., et al.
(cont. from previous page)
Derecktor, Inc. - Six counts for PCB violations under TSCA, Sees
15(l)(c) and 16(b) [15 U.S.C. §§ 2614(l)(c) and 2615(b)]; two counts
failing to report release of PCB and asbestos in violation of
CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)]; 29 counts discharging
pollutants from drydock without permit in violation of Clean Water
Act, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)],
two counts storage and disposal of hazardous wastes without permit
in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; four
counts violating NESHAPS work practice standards for asbestos
removal in violation of Clean Air Act, Sees. 112(c)(l)(B), 112(e)(5),
and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B), 7412(e)(5), and
7413(c)(l)(C)]; and one count violation of Hazardous Materials
Transportation Act (HMTA) [49 U.S.C. § 1809(b)].
Derecktor - Seven counts PCB violations under TSCA, one count
under HMTA, one count failing to report release of hazardous
substance (PCBs) under CERCLA, one count conspiracy [18 U S.C.
§ 371], and 29 counts discharging pollutants without permit.
East Post Road Corporation - Two counts PCB violations and one
count failure to report release of hazardous substance (PCBs).
12/29/86: Derecktor, Inc. was sentenced to $600,000 fine on its plea of
guilty to 24 counts of violating the Clean Water Act and one count each
of violating the Clean Air Act and CERCLA. Suspension of $200,000
depends upon restitution of that amount to the Hazardous Waste
Emergency Response Fund. Robert Derecktor was sentenced to $75,000
fine on his plea of guilty to violating three counts of TSCA and to five
years of probation for an additional count of violating TSCA.
Custom Engineering, Inc.
Billy Closson
Roger Scoggins
John Sidwell
86-00513
(C.D. Cal.)
Facts: Submission of testing results and supporting documentation to
EPA by automobile emissions testing ("gray market") laboratory in
Garden Grove stating that certain nonconforming vehicles were tested
under required Federal testing procedures and met applicable emission
standards. Closson is president, Scoggins is manager, and Sidwell
works as technical director.
06/10/86:
follows:
36-count indictment returned charging each defendant as
Company and Closson • 18 counts mail fraud [18 U.S.C. § 1341] and
15 counts making false statements [18 U.S.C. § 1001] for alleged
submission of false testing results.
Scoggins - 18 counts mail fraud and 11 counts false statements.
-------
12/19/89 - 50
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No /Court
Facts and Status
Custom Engineering, Inc.
(cont. from previous page)
Paul Chavez
088-362
(C.D. Cal.)
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.
Sidwell pled guilty to two false statement counts.
03/31/87: Scoggins and Sidwell each placed on five years probation.
05/04/87: Custom Engineering was placed on five years probation, and
Closson was sentenced to six months imprisonment and five years
probation.
04/25/88: Two-count information charged defendant, Paul Chavez, with
two counts of making false statements (in conjunction with the above
case) in violation of CAA, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)].
05/09/88: Chavez pled guilty to both counts charged in the information.
06/03/88: Chavez was sentenced two years probation and 200 hours
community service.
Jay Hamburg
86-174
(D. Colo.)
Neil Moser
86-199
(D. Colo.)
Facts: Transportation of used paint solvents and paint waste including
acetone, methyl ethyl ketone, toluene, xylene, and N-butyl acetate to
Denver facility. Hamburg is president of Metro Shop Supplies and
Moser is vice president.
06/17/86: Five-count indictment returned charging both defendants
with one count treating hazardous wastes without permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; two counts storing
hazardous wastes without permit in violation of RCRA, Sec.
3008(d)(2)(A); one count disposing hazardous waste without permit in
violation of RCRA, Sec. 3008(d)(2)(A) and one count making false
statements to EPA [18 U.S.C. § 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, two years of probation, a $25
assessment for the Crime Victim's Fund, and ordered to perform 200
hours of community service.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
12/19/89-51
Defendant(s)/Docket No /Court
Facts and Status
Jay Hamburg
(cont. from previous page)
10/30/86: Hamburg pled guilty to the two-count information charging
him with violation of CERCLA reporting requirements [42 U S.C
§ 9603(b)(3)] which had been filed the previous day.
12/12/86: Hamburg sentenced to $2,000 fine, two years of probation, and
120 hours of community service. He must also attend a course on
hazardous waste.
Hope Resource Recovery, Inc.
86-00458
(E.D.N.Y.)
Air contamination source operated by refuse incineration company in
Long Island City, Queens without certification required under State
Implementation Plan (SIP) regulations.
07/02/86: Information filed charging company with seven counts
violating Clean Air Act, Sec. 113(c)(l)(a)(ii) [42 U.S.C. § 7413
(cXIXaHii)].
09/10/86: Corporation sentenced to a $10,000 fine.
Arnold N. Graham
86-00137
(W.D. Mo.)
Facts: Employee of TWA in charge of wastewater treatment plant at
overhaul base in Kansas City received illegal kickback payments from
chemical supplier for plant and falsified Discharge Monitoring Reports
(DMRs) submitted to Missouri Department of Natural Resources.
07/30/86: Graham pled guilty to two-count information filed same date
charging one count conspiracy [18 U.S.C. §371] and one count false
statements to EPA in violation of Clean Water Act, Sec. 309(c)(2) [33
U.S.C. § 1319(c)(2)].
09/18/86: Defendant sentenced to three years and six months
imprisonment (all but six months suspended), $10,000 fine on
conspiracy charge with additional six months of imprisonment, $10,000
fine on false reports charge, sentences to run consecutively, plus five
years probation, 200 hours community service and $21,075 restitution to
TWA.
Cambridge Mill Products, Inc.
Charles LeBeau, Jr.
85-5089L
(N.D. Ohio)
Facts: Inadvertent excavation of barrels at Keffler and Rose mine site
revealed truckloads of drummed wastes containing PCBs were dumped
there. LeBeau is president of Cambridge Mill Products, a corporation
manufacturing high vacuum pump fluid and reclaiming investment
casting wax.
09/03/86: Information filed charging each defendant with two counts
disposal of PCBs in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C.
§§ 2614 and 2615(b)]. Defendants each pled guilty to one count.
11/19/86: Company and LeBeau each sentenced to joint and several
liability for $25,000 fine, cleanup costs of $23,000 and LeBeau sentenced
to 90 days probation.
-------
12/19/89 - 52
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No 'Court
Facts and Status
Ralph Burgholzer
Lavell Mclntyre
86-00261
(D Ariz.)
Facts: Raw sewage discharged into Colorado River through POTW
owned by Colorado River Sewage System Joint Venture (JV). Mclntire
is JV chairman of the board and Burgholzer is plant operator.
09/17/86: Four-count indictment charged each defendant with
discharging pollutants into navigable waters without a permit in
violation of the Clean Water Act, Sees. 301(a) and 309(c)(l) [33 U S C
§§1311(a)andl319(c)(l)].
03/17/87: Superseding indictment filed charging Burgholzer and
Mclntire with 15 counts unpermitted discharges in violation of Clean
Water Act and Burgholzer with one count making false statement in
violation of 18 U.S.C. § 1001.
07/21/87: Both defendants pled guilty to three counts of unpermitted
discharges in violation of Clean Water Act, Sec. 309(c)(D [33 U S C
§ 1319(c)(l)].
08/31/87: Burgholzer was fined $7,500 and a $75 special assessment.
Mclntire was fined $7,500 and must resign from post as chairman of
Joint Venture Sewer System.
-------
Fiscal Year 1987
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 53
Defendant(s)/Docket Xo /Court
Facts and Status
Irwin Pearlman
Salvatore C. Williams
86-246
(W.D. Pa.)
Facts: Williams, owner of former school building in residential area
of Pittsburgh, and Pearlman, the contractor who removed boiler and
heating system, failed to comply with NESHAP work practice
standards for asbestos. Violations include failure to give notice of
intention to demolish or renovate and failure to wet down material and
comply with other removal procedures for asbestos. Violations occurred
after EPA Region III issued administrative order directing defendants
to cease asbestos removal work at site and respond to requests for
information regarding these activities.
10/31/86: Indictment filed charging each defendant with two counts
failure to comply with NESHAP standards in violation of Clean Air
Act, Sees. 112(c) and 113(c)(l)(C) [42 U.S.C. §§ 7412(c) and 7413
(c)(l)(C)]; and one count failure to comply with EPA administrative
order in violation of Clean Air Act, Sec. 113(c)(l)(B) [42 U S C
§ 7413(c)(l)(B)].
12/30/86: Defendants pled guilty to two counts of violating NESHAP
standards and each sentenced to $1,000 fine.
USM Corporation
86-365F
(D. Mass.)
Facts: J. C. Rhodes Division of USM Corporation failed to submit
reports on wastes discharged to local POTW from electroplating
operations of its New Bedford plant for the production of shoe
components.
11/10/86: 41-count indictment filed charging corporation with 32 counts
failure to comply with pretreatment standards in violation of Clean
Water Act, Sees. 307 and 309(c)(l) [33 U.S.C. §§ 1317 and 1319(c)(l)]. five
counts willful and negligent discharge of wastewater into POTW in
violation of pretreatment standards for acidity, in violation of Clean
Water Act, Sees. 307 and 309(c)(l); and four counts of willful and
negligent failure to submit required compliance reports in violation of
Clean Water Act, Sees. 307, 308 and 309(c)(l) [33 U.S.C. §§ 1317, 1318 and
12/30/86: Corporation 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.
Daniel Lee Turner
86-332-1
(E.D. Wash.)
Facts: In May 1986, waste "restricted-use" pesticides, including
parathion, lindane, strychnine, endrin, dieldrin, and 2,4,5-T, were
dumped along and into the Okanogan River near Malott, Washington.
Turner is a certified pesticide applicator.
-------
12/19/89 - 54
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Daniel Lee Turner
(cont. from previous page)
11717/86: Eight-count indictment filed charging defendant with six
counts disposal of hazardous waste without a permit in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; one count
knowing endangerment by disposing of hazardous wastes with the
knowledge that it placed another person in imminent danger of death or
serious bodily injury in violation of RCRA, Sec. 3008(e) [42 U S C.
§ 6928(e)]; and one count failure to notify of the release of a hazardous
substance into the environment in violation of CERCLA, Sec. 103(b) (42
U.S.C. § 9603(b)].
03/27/87: The jury returned a verdict of acquittal to all eight counts
charged against Turner.
Jack E. White
Brownie C. McBride
Jerry L. Findley
Henry R. White
86-20015
(W.D. Ark.)
Facts: The Food and Drug Administration discovered contamination
of dairy products with heptachlor, a carcinogenic pesticide. J.E.W.,
Inc. and White Flame Fuels, Inc. manufactured fuel grade alcohol and
produced animal feed by blending spent distillers mash with other
grain and grain by-products. Valley Feeds, Inc. sold that animal feed
to livestock growers in Arkansas, Oklahoma, and Missouri. Jack E.
White is principal officer, stockholder, and manager of White Flame
Fuels, Inc., J.E.W., Inc., and Valley Feeds, Inc.; Brownie C. McBride
is plant superintendent employed by White Flame Fuels, Inc., J.E.W.,
Inc. and Valley Feeds, Inc.; Jerry L. Findley is former president of
Valley Feeds, Inc. and operations manager of J.E.W., Inc.; and Henry
R. White is a corporate officer of Valley Feeds, Inc.
11/21/86: 52-count indictment resulted from use of seed treated with
aldrin, captan, dieldrin, heptachlor, or methoxychlor and gram
contaminated with aflatoxin to manufacture alcohol and then mixing
the adulterated or contaminated mash with animal feed that was sold to
dairy farmers.
Specific charges are as follows:
J. White and McBride - One count conspiracy [18 U.S.C. § 371J;
eight counts mail fraud [18 U.S.C. § 1341]; 13 counts wire fraud [18
U.S.C. § 1343]; one count racketeering [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)J;
11 counts interstate sales of adulterated food [21 U.S.C. §§ 331(a) and
333(b)]; and four counts discharging pollutants in violation of Clean
Water Act, Sees. 301 and 309 [33 U.S.C. §§ 1311(a) and 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 by fraud, and
one count discharging pollutants.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 55
Defendant(s)/Docket N:o /Court
Facts and Status
Jack E. White, et al.
(cont. from previous page)
H. White - Seven counts mail fraud, 10 counts wire fraud, one count
racketeering, four counts interstate transportation of money taken
by fraud, six counts adulterating food, and 11 counts interstate sales
of adulterated food.
05/11/87: Trial began.
05/21/87: Findley entered a plea of guilty to one count of conspiracy and
one count discharging pollutants in violation of the Clean Water Act.
05/22/87: The jury returned a verdict of guilty as follows:
J. White, McBride and H. White - Two counts wire fraud, two
counts interstate transportation of money taken by fraud and 13
counts of lesser included offenses of the Food, Drug and Cosmetic
Act. J. White and McBride three counts discharging pollutants in
violation of the Clean Water Act; J. White one count false
statements.
07/22/87: Jack White was fined $7,500 and sentenced to three years
imprisonment. Brownie McBride was fined $7,500 and sentenced to one
year and one day imprisonment. Jerry Findley was fined $5,000 and
three months probation. Henry White was sentenced to one year, and
one day imprisonment.
Euro-Auto Ltd., Inc.
James S. Strecker, Jr.
Barbara A. Strecker
86-95TB
(W.D. Wash.)
Facts: Strecker, an automobile dealer in Auburn, his wife, Barbara and
Euro-Auto Ltd., Inc., the corporate dealership, are involved in auto
importation.
12/17/86: 74-count indictment returned charging defendants with
violations arising from fraudulent scheme to avoid required auto
emission standards for "gray market" vehicles imported under EPA
"5-year exemption." J. Strecker and company also charged with
violations relating to falsification of DOT-required odometer mileage
statements. Specific charges are as follows:
J. Strecker and company - Two counts conspiracy (one for odometer
fraud) [18 U.S.C. § 371]; 40 counts making false statements to three
Federal agencies [18 U.S.C. § 1001]; 18 counts smuggling [18 U S C.
§ 545]; and 14 felony counts for the roll-back of odometer mileage
settings [18 U.S.C. § 1990(c)].
B. Strecker - One count conspiracy, 32 counts making false
statements to Federal agencies, and 18 counts smuggling.
03/12/87: Superseding indictment filed charging all counts described
above and an additional 18 counts of smuggling against each
defendant.
-------
12/19/89 - 56
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No '"curt
Facts and Status
Euro-Auto Ltd., Inc., et al.
(cont. from previous page)
05/18/87: Trial begins for James Strecker and Euro-Auto. Barbara
Strecker to be tried separately following her motion for severance.
06/05/87: Jury returned a guilty verdict against Strecker on 14 counts of
odometer fraud and 19 counts of false statements and against Euro-Auto
on 10 counts of odometer fraud and 19 counts of false statements.
07/31/87: The company was fined $10,000 and ordered to pay $4,300 to the
Crime Victim's Fund. James Strecker, Jr. was fined $15,000, five years
imprisonment with execution of all but three months suspended, five
years probation and ordered to pay $1,075 to the Crime Victim's Fund.
09/02/87: Barbara Strecker pled guilty to a two-count superseding
information charging her with submitting false documents to the
Customs Service in violation of 27 U.S.C. § 7207. She was sentenced on
the same day to one year probation and ordered to pay $50 to the Crime
Victim's Fund.
Euro-Auto and James Strecker agreed to pay the U.S. Government
$15,000 storage charges on the 18 vehicles seized August 22, 1985 plus
$125,000 and surrender ownership rights to nine of the 18 vehicles
seized; the remaining nine vehicles will be returned to Euro-Auto and
its creditor, and the Government agreed to dismiss the remaining
counts on Euro-Auto Ltd. and James Strecker, Jr.
W. R. Grace & Co.
87-27
(D. Mass.)
Facts: W. R. Grace & Co. submitted a letter to EPA Region I in
response to a Request for Information issued under RCRA, Sec. 3007 [42
U.S.C. § 6927]. W. R. Grace & Co. is a multi-national corporation
incorporated in Connecticut and headquartered in New York. The
Woburn plant was engaged primarily in metal fabrication of
packaging equipment for the food industry.
01/28/87: A Federal grand jury in Boston indicted W. R. Grace & Co.
on two felony counts of making false statements to EPA in violation of
18 U.S.C. § 1001. The company was charged with making the allegedly
false statements in 1982 in a letter concerning the amounts of certain
chemicals (trichloroethylene and acetone) used at or purchased for
W. R. Grace's Cryovac Division plant in Woburn, and the types of
chlorinated solvents (such as trichloroethylene, toluene, acetone, and
1,1,1-trichloroethane) used at the plant. The company was also charged
with concealing, in the same letter, the fact that waste solvents had, on
numerous occasions, been poured on the ground behind the plant
building. EPA undertook to determine the source of pollutants in
groundwater adjacent to two contaminated and closed municipal
drinking wells in Woburn, Massachusetts.
05/31/88: The company pled guilty to one count making a false
statement [18 U.S.C. § 1001]. On the same date, the company was fined
the maximum statutory fine of $10,000.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 57
Defendant(s)/Docket No/Court
Facts and Status
Custom Food Machinery
Ronald McNiel
Eugene Welch
87-20002
(N.D. Cal.)
Facts: Ronald McNiel is president and owner of Custom
Machinery and Eugene Welch is an employee.
Food
01/29/87: Custom Food Machinery, McNiel, and Welch each pled guilty
to a one-count TSCA criminal information filed in San Francisco The
count arose from the defendants' illegal burial on the firm's property of
a large transformer containing and leaking PCBs in excess of 50 ppm
in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and 2615(b)].
Custom Food was fined $15,000 and placed on three years probation,
while McNiel was fined $5,000 and given two years probation. Welch
was sentenced to two years probation.
Jay Woods Oil, Inc.
Edmund Woods
87-20012
(E.D. Mich.)
Frank Lynch
87-CR-20017BC
(E.D. Mich.)
Facts: Jay Woods Oil, Inc., operated a number of underground
injection wells in conjunction with its oil recovery operation. EPA
discovered plugs installed on four wells during a mechanical integrity
test.
02/13/87: A Federal Grand Jury indicted Jay Woods Oil, Inc., and its
president, Edmund Woods, on four felony counts of concealing a
material fact from EPA by trick, scheme, or device in violation of 18
U.S.C. § 1001. In addition, Mr. Woods was charged with having
committed perjury before a grand jury, in violation of 18 U.S.C. § 1623,
a felony. The company and Mr. Woods were charged with deceiving
EPA by placing plugs into four underground injection wells so it would
appear that they met the mechanical integrity test (MIT) requested by
Region V under 40 CFR Part 144 promulgated pursuant to the Safe
Drinking Water Act.
04/20/87: The corporation pled guilty to all four counts and Woods pled
guilty to two counts of false statements [18 U.S.C. § 1001].
05/20/87: The corporation was fined $1,000 and assessed $200 on each
count and placed on probation. Wood was assessed $50 on each count
and sentenced to nine months incarceration on each count to be served
concurrently. He will be considered for release upon serving three
months.
Facts: Lynch, a former employee of Woods Contracting, was present
when Woods installed the plug on the Lake Isabella well.
04/03/87: One-count indictment filed charging Lynch with making a
false material declaration under oath in a proceeding before a Grand
Jury in violation of 18 U.S.C. § 1623.
06/02/87: Lynch pled guilty to one count of a superseding information
charging him with disobedience of a lawful U.S. District Court
command in violation of 18 U.S.C. § 401(3).
07/28/87: Lynch sentenced to six months imprisonment (all suspended)
and placed on two years probation for violation of 18 U.S.C. § 401(3).
-------
12/19/89 - 58
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Joseph Tietelbaum
87-75
(D.N.J )
Facts: Joseph Tietelbaum, president of LMT Steel of Hoboken, controls
TNT Realty which owns a warehouse in Edison. A semi-trailer
abandoned in a vacant lot in Newark contained 59 drums of chemicals
alleged to have come from that warehouse.
03/03/87: A Federal Grand Jury in Newark returned a four-count
indictment charging Tietelbaum with one count conspiracy in
violation of 18 U.S.C. § 371 and three counts of transporting hazardous
waste without a manifest form to an unpermitted disposal facility in
violation of RCRA, Sec. 3008(d)(l), (d)(2)(A), and (d)(5) [42 U.S C
§§ 6928(d)(l), 6928(d)(2)(A), and 6928(d)(5)].
06/28/87: Tietelbaum pled guilty to one count of transporting hazardous
waste in violation of RCRA [42 U.S.C. § 6928(d)(5)].
07/30/87: Tietelbaum sentenced to pay $20,000 fine, assessed $50, and
placed on two years probation.
Marathon Development Corp.,
Terrence Geoghegan
87-129MC
(D. Mass.)
Facts: Marathon scraped, leveled, and piled debris in wetlands on part
of a 117-acre site in Seekonk, Massachusetts in order to build an access
road for the construction of a 150-store mall and cinema. Geoghegan is
one of Marathon's senior vice presidents.
04/08/87: 25-count indictment filed charging each defendant with
failure to acquire a U.S. Army Corps of Engineers permit to fill a
wetland between June 17 and October 16, 1986, in violation of Clean
Water Act, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and
05/04/88: U.S. District Judge sentenced defendants Marathon
Development and Geoghegan subsequent to the filing of superseding
information (05/05/88) and to their guilty pleas on all 25 counts charged
in superseding information (05/31/88).
05/05/87: 25-count superseding information filed charging the same
defendants with the same counts as in the first indictment.
05/31/88: Geoghegan was sentenced to a 6-month suspended prison
term, fined $10,000 and 1 year probation. Marathon was sentenced to
pay a $100,000 fine.
Freeman Krum
87-0071
(M.D. Pa.)
Facts: Krum operated a metal reclamation facility in Montours County
which received a truckload of used electrical transformers. The
transformers were drained and used for scrap metal.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 • 59
Defendant(s)/Docket No /Court
Facts and Status
Freeman Krum
(cont. from previous page)
04/20/87: Krum pled guilty to a three-count information filed charging
improper storage and disposal and failure to keep PCB records in
violation of TSCA, Sees. 6(e), 15, and 16 [15 U.S.C. §§ 2605(e), 2614, and
2615(b)] and regulations promulgated by EPA [40 CFR §§ 761 60, 761 65
and 761.80].
06/10/87: Krum was sentenced to 18 months probation on each count to be
served concurrently and costs of $25 on each count.
John Meyer
87-10060M
(E.D. Mo.)
Facts: Meyer imported foreign automobiles for sale in the United
States. A five-year exemption was claimed for two Mercedes Benz that
were subsequently resold.
04/23/87: Meyer pled guilty to an information charging two counts of
violating the Clean Air Act, Sec. 113(c)(2) [42 U.S.C. § 7413(c)(2)] by
making false statements to EPA in connection with an automobile
import scheme.
05/22/87: Meyer was fined $10,000, sentenced to two years probation and
ordered to pay $2,600 in restitution to Missouri.
Denver Sanitary Company
Frank R. Giardino
Donald C. Hughes
Andrew Fedorowicz
87-CR-117
(D. Colo.)
Facts: Denver Sanitary Company is a waste hauling and disposal
company. Giardino is the company vice president; Hughes and
Fedorowicz are supervisors. Wastes collected by the company were
dumped into local sewer systems.
04/24/87: A 22-count indictment was filed charging each defendant
with one count of conspiracy [18 U.S.C. § 371] and four counts of
transportation of hazardous waste to an unpermitted facility, a violation
of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)]. The additional
charges are as follows:
Making false statements [18 U.S.C. § 1001] - The company two
counts, and Giardino one count.
Willful and negligent discharge of pollutants into a POTVV, in
violation of the Clean Water Act, Sees. 307(b) and (d) and 309(c)(l)
[33 U.S.C. §§ 1317(b) and (d) and 1319(c)(l)] - The company and
Giardino four counts each.
Unpermitted storage of hazardous waste in violation of RCRA, Sec
3008(d)(2)(A) [42 U.S.C. § 6928 (d)(2)(A)] - The company, Giardino,
and Hughes six counts each, Fedorowicz two counts.
Making a false statement in violation of RCRA, Sec. 3008(d)(3) [42
U.S.C. § 6928(d)(3)] - The company and Hughes five counts each.
07/14/87: The company pled guilty to one count of making a false
statement, two counts of transporting hazardous waste to an unpermitted
facility and one count of illegal storage of hazardous waste.
-------
12/19/89 - 60
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No/Court
Facts and Status
Denver Sanitary Company, et al.
(cont. from previous page)
09/04/87: The company was fined $85,000, $40,000 suspended if the
company complies with all environmental laws during three-year
probationary period, and ordered to perform community service
02/11/88: Defendants Giardino, Hughes, and Fedorowicz charged in a
superseding information.
Giardino and Fedorowicz each charged with:
One count of willful and negligent discharge into a POTW, in
violation of Clean Water Act, Sees. 307(b) and (d) and 309(c)(l) [33
U.S.C. §§ 1317(b) and (d) and 1319(c)(l)]; one count violation of
RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)]; one count violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)], and as an
accessory after the fact [18 U.S.C. § 3] on each count.
Hughes was charged in the same superseding information with:
One count violation of RCRA [42 U.S.C. § 6928(d)(2)(A)], one count
violation of RCRA [42 U.S.C. § 6928(d)(3)], and charged as an
accessory after the fact [18 U.S.C. § 3] on each RCRA count.
03/15/88: Defendant Fedorowicz entered guilty plea to all three counts
charged in superseding information and was sentenced to pay $2,500
fine, one year probation and 300 hours of community service.
03/22/88: Defendants Giardino and Hughes entered guilty plea to all
counts charged in superseding information. Giardino was sentenced to
pay $7,500 fine and Hughes was sentenced to pay $3,000 fine.
Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr.
87-CR-116
(D. Colo.)
Facts: Leigh-Denver is a subsidiary of Leigh-Industries, Inc. of Ohio
which custom molds fiberglass and plastic products. Demshar is the
president of Leigh-Denver. Barrels of toxic and corrosive hazardous
wastes were dumped at the Denver facility.
04/24/87: Each defendant was charged with two counts of disposal of
hazardous wastes at an unpermitted facility in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
07/17/87: Two-count superceding information filed charging Demshar
with failure to notify of release of hazardous substances under
CERCLA, Sec. 103(b) [42 U.S.C. § 96030))]. Demshar pled guilty to both
counts the same day. The company pled guilty to one count of disposal of
hazardous wastes at an unpermitted facility in violation of RCRA [42
U.S.C. § 6928(d)(2)(A)J.
08/14/87: The company was fined $1.00 and $200 special assessment
Defendant Demshar was sentenced to pay a $10,000 fine.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 61
Defendant(s)/Docket No./Court
Facts and Status
Protex Industries, Inc.
Donald James Wilson
Charles Vesta Hyatt
87-CR-115
(D. Colo.)
Facts: Protex manufactures and sells chemical products, including
curing compounds, grouts, and epoxies used in concrete construction
Wilson is the general manager and Hyatt is the comptroller
04/24/87: A 19-count indictment was filed charging each defendant
with one count of conspiracy [18 U.S.C. § 1001], one count of discharging
pollutants in violation of the Clean Water Act, Sees. 301(a) and 309(c)(l)
[33 U.S.C. §§ 131 l(a) and 1319(c)(D] and nine counts of storage and
disposal of hazardous wastes in violation of RCRA, Sec. 3008(d)(2)(A)
[42 U.S.C. § 6928(d)(2)(A)]. The firm was charged with four counts and
Hyatt was charged with three counts of making false statements about
the manner in which hazardous industrial waste products were
generated and stored [18 U.S.C. § 1001]. The firm was also charged with
one count of transportation of hazardous waste in violation of the
Hazardous Materials Transportation Act [49 U.S.C. §§ 1804 and 1809(b)]
and three counts of knowingly endangering its employees by directing
them to handle hazardous wastes in a manner that represented an
imminent danger to them of death or serious bodily injury, a violation
of RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)].
11/23/87: Defendant Hyatt pled guilty to one count violating Clean
Water Act [33 U.S.C. § 1319(c)(l)], and one superceding information
count of violating RCRA [42 U.S.C. § 6928(d)(3)].
12/15/87: Defendant Donald Wilson severed from the trial.
date not set.
New trial
12/21/87: Hyatt sentenced to one year probation for each count, $3,000
fine, and $25 assessed for the Crime Victim/Witness Fund.
12/21/87: Federal District court jury handed down a guilty verdict on 16
of 18 counts against the company. The company was found guilty on the
following counts:
One count of conspiracy [18 U.S.C. § 371], four counts of making
false statements [18 U.S.C. § 1001], one count of illegal discharge, in
violation of the Clean Water Act [33 U.S.C. §§ 1311(a) and
1319(c)(l)], seven counts unpermitted storage and disposal of
hazardous waste, a violation of RCRA [42 U.S.C. § 6928(d)(2)(A)l,
and three counts of knowingly endangering its employees, a
violation of RCRA [42 U.S.C. § 6928(e)].
The following count was dismissed before the trial started:
One count Hazardous Materials Transportation Act [49 U.S C.
§§ 1804 and 1809(b)].
-------
12/19/89 - 62
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Protex Industries, Inc.. et al
(cont from previous page)
03/03/88: Protex Industries, Inc. was sentenced to pay a $7,630,000 fine
(all but $440,000 suspended), five years probation on each count (to be
served concurrently), restitution to three victims totaling 8950,000,
undetermined cleanup costs and $3,100 assessment to Crime Victim's
Fund.
05/28/88: Continuance granted for trial of company's general
manager, Donald J. Wilson. Trial date set for 09/19/88.
09/15/88: A superseding information was filed charging Wilson with
one count of accessory to making a false statement in violation of 18
U.S.C. § 3; two counts of illegal discharge of pollutants, in violation of
the Clean Water Act, Sees. 301(a) and 309(c)(D [33 U.S.C. §§ 1311(a) and
1319(c)(l)]; and two counts of failure to report discharge, in violation of
CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)]. On the same day,
Wilson pled guilty to all five counts charged in the superseding
information.
10/18/88: Wilson was sentenced to pay a $25,000 fine, five years
imprisonment (all suspended), five years probation, 500 hours of
community service, and pay a $125 assessment to the Crime Victim's
Fund.
05/11/89: The Tenth U.S. Circuit Court of Appeals upheld the district
court convictions.
John Moran, Jr.
87-00107-01-CR-2-8
(W.D. Mo.)
Facts: A hooded witness testified before the U.S. House of
Representatives Committee on Government Operations' Subcommittee
on the Environment, Energy and Natural Resources that he had, in
return for cash payments, dumped capacitors and drums containing
PCB-contaminated oil into the Missouri River and at nine other
locations including the Lake of the Ozarks. Moran is an inmate at the
Missouri Training Center for Men serving a 15-year sentence for an
armed robbery conviction.
05/18/87: A six-count indictment was filed charging Moran with
giving false statements after he admitted fabrication of the entire PCB-
dumping story [18 U.S.C. § 1001].
10/22/87: Moran was acquitted by the jury on all six counts of making
false statements [18 U.S.C. § 1001].
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 • 63
Defendant(s)/Docket No /Court
Facts and Status
Merlyn Pollock
87-00148-l-CR-W-8
(WD. Mo)
Facts: Chemicals from the Posch Foundry laboratory were disposed of
at a sanitary landfill and abandoned in an open field. Pollock had
purchased Posch Foundry.
06/23/87: Pollock was indicted on two counts of violating TSCA [15
U.S.C. §§ 2614 and 2615] and one count of violating RCRA [42 U S C
§ 6928(d)].
09/11/87: Pollock pled guilty to two counts of violating TSCA [15 U S.C
§2614 and 2615].
11/09/87: Pollock sentenced to pay $35,000 fine, $25 on each count for an
administrative fine, imprisonment sentence suspended, and one year
probation on each count to be served concurrently. Fines to be paid in the
first 10 months of probation.
Jere Neil Ellis
James "Buddy" Floyd
87-20105-G
(W.D. Tenn.)
Facts: Ellis owns and operates Solid and Liquid Waste Disposal
Company located in Dyersburg, TN. Floyd is employed by the company
as a truck driver. The company made agreements with other
companies to haul away industrial wastes and dispose of the wastes by
incineration. EPA assisted this FBI investigation by collecting and
analyzing samples from the site.
06/29/87: 17-count indictment was filed charging both Ellis and Floyd
with one count of conspiracy [18 U.S.C. § 371] and 16 counts of mail
fraud [18 U.S.C. §§ 1341 and 2] for activities associated with storage and
disposal of wastes at the company's Dyersburg site.
03/28/88: Trial began in U.S. District Court.
04/05/88: After a six-day trial, Ellis was convicted of all 16 counts of
mail fraud [18 U.S.C. § 1341 and 2], and acquitted on the conspiracy
count. Floyd was acquitted on all counts.
06/17/88:
§ 1341].
Ellis was convicted on 16 counts of mail fraud [18 U.S.C
06/27/88: Ellis was sentenced to pay a $16,000 fine, serve two years
imprisonment, two years probation and pay $800 assessment to the
Crime Victim's Fund.
Albert S. Tumin
87^188
(E.D.N.Y.)
Facts: Tumin abandoned three 55-gallon barrels of ethyl ether in an
empty lot in a residential neighborhood located in Rockaway, Queens,
New York, prior to returning a rental truck.
-------
12/19/89 - 64
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No/Court
Facts and Status
Albert S. Tumin
(cont. from previous page)
07/08/87: Grand Jury returned a three-count indictment against
Tumin, charging one RCRA count of illegal transportation of
hazardous waste to an unpermitted facility, a violation of RCRA, Sec.
3008(d)(l) [42 U.S.C. § 6928(d)(l)]; one count knowing endangerment by
disposing of hazardous wastes with the knowledge that it placed another
person in imminent danger of death or serious bodily injury in
violation of RCRA, Sec. 3008 [42 U.S.C. § 6928(d)]; and one count failure
to notify of the release of a hazardous substance into the environment in
violation of CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)]. Also charged
with 18 U.S.C. § 3623 on each count.
07/22/87: Tumin arraigned in U.S. District Court, E.D. New York on
$100,000 bail.
11/02/87: Trial to begin.
03/28/88: Trial began.
04/13/88: Tumin was convicted on all counts charged in the indictment
filed 07/08/87, after a two-day trial. Tumin's conviction as an
individual under the knowing endangerment provision of RCRA is the
first of its kind.
10/21/88: Tumin was sentenced to serve five years imprisonment (all
but two years suspended).
Reidy Terminal, Inc.
87-00178 CR (4)
(E.D. Mo.)
Wisconsin Barge Line, Inc.
87-180CR(M2)
(E.D. Mo.)
Anthony DeJohn
87-0018lCR(M4)
James Johnson
(E.D. Mo.)
Facts: Reidy Terminal, Inc. was engaged in a barge cleaning
operation located in St. Louis, Missouri. Wisconsin Barge Line, Inc is
the parent company of Reidy Terminal, Inc. Anthony DeJohn was
WBL's vice president and director of operations and James Johnson
was Reidy's former manager.
07/23/87: One-count information filed charging Reidy Terminal, Inc
with unpermitted disposal of hazardous waste, a violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]. The company pled guilty to
one-count charge on the same day.
07/23/87: Five-count information filed charging Wisconsin Barge
Line, Inc. with unpermitted discharge in violation of Clean Water Act,
Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)]. The
company pled guilty to the five-count charge on the same day.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 65
Defendant(s)/Docket No /Court
Facts and Status
Reidy Terminal, Inc , et al
(cont. from previous page)
07/31/87: Three-count information filed charging DeJohn with one
count discharge of pollutants without a permit in violation of Clean
Water Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)J. one
count failure to report discharge in violation of CWA, Sec 311(b)(5) [33
U.S.C. § 1321(b)(5)]; and one count discharge of refuse in violation of
Rivers and Harbors Appropriation Act of 1899 (Refuse Act), Sees. 13 and
16 [33 U.S.C. §§ 407 and 411]. DeJohn pled guilty to one count of
unpermitted discharge of pollutants [33 U.S.C. §§ 1311 and 1319(c)(l)]
and one count unpermitted discharge of waste [33 U.S.C. §§ 407 and 411],
one count of failure to report discharge was dismissed by the court.
08/07/87: One-count information filed charging Johnson with
discharge of pollutants without a permit in violation of Clean Water
Act, Sees. 301 and 309(c)(l) [33 U.S.C. §§ 1311 and 1319(c)(l)]. Johnson
pled guilty to one count information the same day.
08/14/87: Reidy Terminal, Inc. sentenced to pay $250,000 fine and $200
special assessment. Wisconsin Barge Line, Inc. sentenced to pay
$125,000 fine and $100 special assessment.
09/04/87: DeJohn sentenced to three years probation, 200 hours of
community service in the first 30 months on each count (to be served
concurrently) and $25 special assessment.
09/11/87: Johnson sentenced to three years probation, 100 hours of
community service and $25 special assessment.
Patrick W. Paciesas
87-0059
(S.D. Ohio)
Facts: Paciesas was president of Sea Bright Environmental Company,
Inc. Sea Bright was an Ohio corporation authorized to do business in
Kentucky for the purpose of removal, transportation, and disposal of
hazardous waste and decommissioning of electrical transformers and
capacitors. Sea Bright contracted for the transportation and disposal of
polychlorinated biphenyls (PCBs) and PCB items.
08/03/87: One-count information filed charging that Paciesas
knowingly and willfully disposed oil contaminated with PCBs by
spilling, leaking, or discharging PCB-contaminated oil on the ground
in violation of TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and 2615(b)]
and regulations promulgated by EPA under 40 CFR § 761.60.
08/03/87: Paciesas pled guilty to one count of storage and disposal of
PCB-contaminated oil in an unlawful manner, a misdemeanor.
09/28/87: Paciesas sentenced to two years probation, 100 hours of
community service, and mandatory enrollment in an alcohol
treatment program.
-------
12/19/89 • 66
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
John Plantan
CR-1-88-002
(S.D. Ohio)
(related to previous case, Paciesas )
01/06/88: Plantan, an employee of Sea Bright Environmental
Company, Inc. was indicted in a nine-count indictment. Plantan is
charged with nine counts of violating PCB rules of TSCA, Sees. 6(e), 15
and 16 [15 U.S.C. §§ 2605(e), 2614 and 26150))] Plantan is also charged
with aiding and abetting [18 U.S.C. § 2] with each count.
04/14/88: Plantan pled guilty to two counts of violating PCB rules of
TSCA, Sees. 6(e), 15 and 16 [15 U.S.C. §§ 2605(e), 2614 and 2615(b)].
07/25/88: Plantan sentenced to one year imprisonment (suspended), two
years probation and was ordered to place a notice in Cincinnati
newspapers regarding his conviction.
Patrick E. Perrin
87-00187-01-CR-W-9
(W.D. Mo.)
Dwight E. Thomas, Jr.
88-00185-01-CR-W-JWO
(W.D. Mo.)
W.C. Carolan
James Carolan
Christopher Gosch
Sharon Hayes
Dwight E. Thomas, Jr.
89-0045-01/04
CR-W-JWO
(W.D. Mo.)
Facts: Perrin was plant manager for Martha C. Rose Chemical
Company in Holden, Missouri. The company engaged in the business
of transportation and disposal of items such as electrical transformers,
capacitors and oil containing polychlorinated biphenyls (PCBs).
08/20/87: 10-count indictment charging Perrin with one count of
conspiracy in violation of 18 U.S.C. § 371; six counts making false
statements in violation of 18 U.S.C. § 1001; and three counts of violating
TSCA, Sees. 15 and 16(b) [15 U.S.C. §§ 2614 and 2615(b)].
02/04/88: Perrin pled guilty to one count of conspiracy [18 U.S.C. § 371].
07/20/88: Perrin was sentenced to pay a $50 fine, serve two years
imprisonment, and pay a $50 special assessment.
Facts: Dwight E. Thomas, Jr. was Director of Research and
Development and also supervisor of the laboratory at Martha C. Rose
Chemical Company.
09/21/88: A thirty-two (32) count indictment was filed charging the
defendant with the following: one count of illegal storage of PCB
capacitors in violation of TSCA, Sec. 15(3) and 16(b) [15 U.S.C
§§ 2614(3) and 2615(b)], one count of conspiracy in violation of 18 U.S.C.
§ 371; and thirty (30) counts of making false statements in violation of
18 U.S.C. § 1001.
Facts: Walter C. Carolan was president of Martha C. Rose Chemical
Company (Rose Chemical), located in Holden, Missouri. James
Carolan was General Manager. Christopher Gosch was founder and
director of Sales and Marketing. Sharon Hayes was office manager.
Dwight Thomas Jr. was lab supervisor and director of Research and
Development. Rose Chemical was engaged in the business of transport-
ing and disposing equipment and oil containing polychlorinated
biphenyls (PCBs). The company went out of business in March 1986.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 67
Defendant(s)/Docket No./Court
Facts and Status
W.C. Carolan. et al.
(cont. from previous page)
03/14/89: The grand jury filed a forty-three count indictment charging
the defendants with the following counts:
W.C. Carolan and Dwight Thomas, Jr. each charged with:
One count of conspiracy in violation of 18 U.S.C. § 371
31 counts of making false statements, in violation of 18 U.S.C.
§1001
One count of improper storage of PCB capacitor cores, in
violation of TSCA, Sees. 15 and 16, 15 U.S.C. §§ 2614 and 2615(b)
10 counts of mail fraud in violation of 18 U.S.C. § 1341
Christopher Gosch and James Carolan each charged with:
One count of conspiracy, in violation of 18 U.S.C. § 371
One count of improper storage of PCB capacitor cores, in
violation of TSCA, Sees. 15 and 16,15 U.S.C. §§ 2614 and 2615(b)
Ten counts of mail fraud in violation of 18 U.S.C. § 1341
Sharon Hayes was charged with one count of conspiracy, in
violation of 18 U.S.C. § 371.
07/14/89: Defendants Gosch and Hayes each pled guilty to one count of
conspiracy, in violation of 18 U.S.C. § 371.
10/04/89: Defendant James Carolan pled gullity to one count of
conspiracy, in vioaltion of 18 U.S.C. § 371.
10/26/89: Defendant Walter Carolan pled guilty to one count of
conspiracy (18 U.S.C. § 371), and one count of making false statements
(18 U.S.C. § 1001).
10/27/89: Defendant Thomas pled guilty to one count of conspiracy (18
U.S.C. § 371), and one count making false statements (18 U.S.C.
§ 1001).
Samar Chatterjee
CR-87-656
(N.D. 111.)
Facts: Chatterjee is a consultant on environmental matters. He
submitted testing data relative to sanitary sewer connections, flow
gauging, manhole inspections, and sewer survey reports to EPA and the
Metropolitan Sanitary District of Greater Chicago. He was paid over
$200,000 from EPA Step 1 grant funds.
-------
12/19/89 - 68
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Samar Chatterjee
(cont. from previous page)
08/31/87: Chatterjee was arrested before he could leave the country and
charged in a 32-count indictment with one count conspiracy to violate
the Clean Water Act [18 U.S.C. §371]; 11 counts of submitting false
Clean Water Act documents [18 U.S.C. § 1001]; and 20 counts of mail
fraud involving Clean Water Act [18 U.S.C. § 1341]. Chatterjee is
presently incarcerated on $1,400,000 cash bond with no 10% alternative.
Trial is scheduled for December 1987.
10/07/88: Chatterjee pled guilty to three counts of mail fraud m
violation of 18 U.S.C. § 1341.
02/06/89: Samar Chatterjee was fined $220,000 in restitution: $110,000 to
be paid to the EPA, and $110,000 to be paid to South Stickney Sanitation
District; in addition he was sentenced to serve four years imprisonment
and five years probation.
Baytank (Houston), Inc.
Odfjell Westfal - Larsen (USA), Inc.
Haavar Nordberg
Roy Johnsen
R. C. Tercic, aka Milko Tercic
Larry Pipkin, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Job an Seale
Ulf Aune
CR-H-87-220
(S.D. Tex.)
Facts: Odfjell Westfal-Larsen (USA), Inc. [OWL (USA), Inc.] is a
Norwegian company incorporated in Delaware. Baytank (Houston),
Inc. is a subsidiary of OWL (USA), Inc. Baytank is a chemical storage
and transfer marine terminal which transfers liquids to and from
storage tanks via rail, truck, barge, and ship and generates process
wastes from tank and line cleaning, washdown of spills, and rainfall
in the transfer areas. Hazardous waste water was collected in two
storage tanks and disposed of at sea through chemical tanker ships of
the Odfjell Westfal-Larsen line.
Haavar Nordberg was executive vice president of OWL (USA), Inc ,
Roy Johnsen was operations manager for Baytank; Larry Pipkin, Jr.
was traffic manager for Baytank; Donald Gore was a Baytank
employee responsible for environmental matters; R. C. Tercic (aka
Milko Tercic) was responsible for construction of the Baytank facility
in Seabrook, Texas; and the remaining 14 defendants were ship
masters and chief officers. Baytank (Houston), Inc. is located on the
Bayport Turning Basin in Harris County, Houston, Texas. This is the
first criminal case brought under the Ocean Dumping Act.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
12/19/89 - 69
Defendant(s)/Docket No./Court
Facts and Status
Baytank (Houston), Inc., et al.
(cont. from previous page)
09/03/87: Grand Jury in Houston handed down a 37-count indictment
charging 21 defendants with conspiracy [18 U.S.C. §371] and various
violations of the Marine Protection, Research and Sanctuaries Act
(MPRSA - Ocean Dumping Act) [33 U.S.C. §§ 1411(a)(l) and 1415(b)l by
knowingly transporting material and causing material to be
transported from the U.S. on a ship for the purpose of dumping said
material into ocean waters without a permit, violating the Federal
Water Pollution Control Act (FWPCA - CWA) [33 U.S.C. § 1319(c)] by
willfully and negligently discharging pollutants into navigable water
of the U.S. without a permit Violating RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(2)(A)] by treatment, storage, and disposal of hazardous
wastes at an unpermitted facility; violating RCRA, Sec. 3008(d)(3) [42
U.S.C. § 6928(d)(3)] by making false statements; violating RCRA, Sec.
3008(d)(5) [42 U.S.C. § 6928(d)(5)] by knowingly transporting or causing
hazardous wastes to be transported without a manifest or shipping
papers; violating RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)] by knowingly
placing people in imminent danger of death or serious bodily injury;
and violating CERCLA, Sec. 103(b) [42 U.S.C. § 9603(b)] by failing to
notify of release of hazardous substance.
10/07/87: Defendant Vermund Gravdal was arrested.
11/18/87: Defendant Johan Saele was arrested.
01/29/88: Defendant Aune was arrested.
02/16/88: Defendants Vasset, Johansen, Grotle, Skar, Nikoe, Roedland,
Wikum, Eriksen, and Jensen were arrested.
03/10/88: Defendant Landoey was arrested.
11/18/88: After a jury trial in federal district court; all charges were
dismissed except for the following convictions:
Baytank- Houston, Inc., Haavar Nordberg, and Roy John sen were
each found guilty of :
Six counts of negligent discharge of pollutants into navigable
water of the U.S. without an NPDES permit, in violation of the
CWA, Sec. 301(a) and 309(c)(l) [33 U.S.C. §§ 131KA) and
Two counts of illegal disposal of hazardous waste without a
permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S C.
§ 6928(d)(2)(A)]; and
One count of failure to notify of a release of a hazardous
substance, in violation of CERCLA, Sec.l03(b) [42 U.S.C.
§ 96030))].
-------
12/19/89 - 70
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket N'o /Court
Facts and Status
Baytank (Houston), Inc , et al.
(cont. from previous page)
Defendant Donald Gore was convicted of four counts of negligent
discharge of pollutants into navigable waters of the US in
violation of the CWA, Sees. 30 He) [33 U.S.C. § 1311(c)].
01/23/89: Baytank (Houston), Inc. was sentenced for their conviction on
two RCRA counts to pay a fine of $50,000, five years probation, and
ordered to submit a proposal for community service to be performed
during probation.
02/02/89: Baytank filed a notice of Appeal from the judgment and
sentence entered on January 23, 1989. Baytank (Houston), Inc. entered
a Notice of Appeal of the sentence filed on January 23, 1989 for two
counts of violating RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. §§ 3008
04/25/89: A judgment was entered ordering a new trial for Baytank
(Houston), Inc. as to the CWA counts and CERCLA count, which
Baytank was convicted of violating by a jury verdict on November 18
1988.
Francis Susan Moose
87-101
(W.D. Va.)
Facts: Moose was Jarrett's Water & Waste Water Service's one
employee other than owner, Jarrett.
09/17/87: Moose appeared before a Federal Grand Jury and confessed to
falsifying Discharge Monitoring Reports (DMRs) provided by Jarrett's
Water and Waste Water Services to its municipal clients. She then
pled guilty to a 10-count information charging her with violating the
Clean Water Act, Sees. 308(a) and 309(c)(D [33 U.S.C. §§ 1318(a) and
1319(c)(l)]. She was sentenced to one year probation and a $500 fine on
the information counts, $200 restitution to the Old Dominion Job Corps
and $250 assessment to the Crime Victim's Fund [18 U.S.C. § 3013].
-------
Fiscal Year 1988
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89-71
Defendant(s)/Docket No /Court
Facts and Status
Cuyahoga Wrecking Corporation
Overland Corporation
Samuel Runfola
Virgil Cummings
Ernest R. Martin
HAR-87-0485
(D. Md )
Publicker Industries, Inc.
HAR-88-0007
(E.D. Pa.)
Facts: Cuyahoga Wrecking Corporation, is headquartered in Great
Neck, New York and is currently in bankruptcy Overland
Corporation of Philadelphia, Pennsylvania is a wholly owned
subsidiary of Cuyahoga Wrecking Corporation. Samuel Runfola is the
site superintendent and project manager for Cuyahoga. Virgil
Cummings, a hauler, is owner and operator of Cummings Development
Company in Salem, West Virginia. Ernest Martin owns and operates
"Ernest Martin's Junkyard" in Oakland, Maryland, where waste
material from the Cuyahoga Overland site in Philadelphia was
transported and stored.
Publicker Industries, Inc. is a publicly held corporation headquartered
in Greenwich, Connecticut. Publicker owned and operated an alcohol
manufacturing plant on the Delaware River in Philadelphia. In 1986,
the site was sold to Overland Corporation, a subsidiary of Cuyahoga.
11/05/87: Publicker Industries, Inc. was charged in the Eastern District
of Pennsylvania by the filing of an information charging the company
with one count of illegal storage of hazardous wastes without a permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
Publicker pled guilty to the one-count information in the District of
Maryland.
11/05/87: Ernest Martin, Cuyahoga Wrecking Corporation, Overland
Corporation, Samuel Runfola and Virgil Cummings were each charged
in an indictment filed in the District of Maryland with the following:
One count of conspiracy [18 U.S.C. § 371];
Two counts of knowingly transporting hazardous wastes to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 U S C
§ 6928(d)(l)]; and
One count of failure to obtain RCRA permits to transport, store and
dispose of hazardous wastes in violation of RCRA, Sec
3008(d)(2)(A) [42 U.S.C. § 6928 (d)(2)(A)].
02/24/88: Publicker Industries, Inc. sentenced to $50,000 fine.
03/14/88: Cuyahoga Wrecking and Overland Corporation, Samuel
Runfola, and Ernest Martin pled guilty to the following counts:
Cuyahoga and Overland: Two counts each and Runfola one count
of knowingly transporting hazardous wastes to an unpermitted
facility in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C
§ 6928(d)(l)].
-------
12/19/89 - 72
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No ./Court
Facts and Status
Cuyahoga Wrecking Corporation, et al.
(cont. from previous page)
Martin: One count failure to obtain RCRA permits to transport,
store and dispose of hazardous wastes in violation of RCRA, Sec
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]. Martin's sentencing will
be held at a later date.
Cuyahoga and Overland Corporations were both sentenced
$100,000 fines the same day they entered plea bargains.
to
03/21/88: Virgil Cummings, the only defendant that did not enter a
guilty plea, was convicted on every count charged in the indictment.
Sentencing will be held at a later date.
04/02/88: Ernest Martin was sentenced to pay a fine of $3,000, perform
100 hours of community service, placed on probation for three years, and
to pay $50 to the Crime Victim's Fund.
04/19/88: Samuel Runfola was sentenced to pay a $5,000 fine, five years
imprisonment (suspended), three years probation, 250 hours community
service, and $100 assessment to the Crime Victim's Fund.
05/12/88: Virgil Cummings was sentenced to pay $4,000 fine, four years
imprisonment (all but six months suspended), and four years
probation.
Robert T. Kruse
Lee B. Grubbs
Carol K. Kisamore
A-87-CR-115
(W.D. Tex.)
Facts: Robert Kruse, Lee Grubbs, and Carol Kisamore were employed
by the U.S. Government in the Unicor, Inc. factory at the Bastrop
Federal Prison, Bastrop County, Texas. Kruse was employed as a
plastics worker foreman, Grubbs as the superintendent of industries,
and Kisamore as the business manager. Grubbs was responsible for
arranging the proper disposal of barrels containing hazardous wastes
from the prison. In addition, Grubbs paid Kruse $12,000 to remove 60
barrels of waste.
12/01/87: Each defendant was charged with the following:
One count of making a false claim (18 U.S.C. § 287);
One count of conspiracy (18 U.S.C. § 371);
One count of mail fraud (18 U.S.C. § 1341);
One count of knowingly transporting hazardous waste to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)];
One count of disposing hazardous waste without a permit in
violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)];
and
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 73
Defendant(s)/Docket No /Court
Facts and Status
Robert T. Kruse
(cont. from previous page)
One count of transporting hazardous waste without a required
manifest in violation of RCRA, Sec. 3008(d)(5) [42 U S C
§ 6928(d)(5)].
The indictment alleges that Kruse, acting with knowledge and approval
of defendants Grubbs and Kisamore, created a fictitious company,
"Central Texas Disposal Systems," prepared and signed various forms
using the fictitious company's name, and leased a post office box for the
purposes of receiving a $12,000 payment from the U.S. Government for
removal of 60 barrels of hazardous waste from the Bastrop Federal
Prison. Additionally, it is alleged that the disposal of the hazardous
wastes was carried out in violation of RCRA.
09/08/88: After a jury trial, a federal district court jury acquitted each
defendant on all counts.
William J. Pandozzi
CR-88-004-P
(D.R.I.)
MacDonald & Watson Waste Oil Co.
Narragansett Improvement Co.
Eugene K. D'Allesandro
Vincent Cinquegrano
Fran Slade
Faust Ritarossi
Michael O'Laughlin
CR-88-0032
(D.R.I.)
(Related to above case, Wm. Pandozzi)
Facts: Pandozzi was employed by MacDonald and Watson Waste Oil
Company, as a driver and foreman.
01/12/88: One-count indictment charged defendant Pandozzi with one
count of making a false statement before the Grand Jury, in violation of
18 U.S.C. § 1623.
04/04/88: Trial scheduled to begin.
04/25/88: A federal district court jury handed down a guilty verdict
convicting Pandozzi with one count of making a false statement before
the Grand Jury, as charged in the indictment.
11/03/88: Pandozzi was sentenced to one year imprisonment.
Facts: Two companies, MacDonald & Watson Waste Oil Co. and
Narragansett Improvement Co. (hereinafter referred to as "MacDonald
& Watson" and "Narragansett") were engaged in the business of
transportation and disposal of hazardous wastes and substances.
Eugene K. D'Allesandro was the President of MacDonald & Watson
Cinquegrano, Slade, Ritarossi, and O'Laughlin were employed by
MacDonald & Watson.
04/26/88: 53-count indictment was filed charging the defendants with
the following counts:
Making a false statement in violation of 18 U.S.C. § 1001.
MacDonald & Watson, Narragansett, D'Allesandro, Cinquegrano,
and Slade were each charged with 20 counts; Ritarossi - 18 counts;
and O'Laughlin - two counts.
-------
12/19/89 - 74
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No /Court
Facts and Status
MacDonald & Watson Waste Oil Co.,
etal.
(cent, from previous page)
Mail fraud, in violation of 18 U.S.C. § 1341: MacDonald &.
Watson - 17 counts; Narragansett - ten counts; D'Allesandro - IS
counts; Cinquegrano - 11 counts; Slade and Ritarossi - five counts
each.
Federal Racketeer Influenced and Corrupt Organizations Statute,
or "RICO," in violation of 18 U.S.C. § 1962(c); MacDonald &
Watson and D'Allesandro - one count each.
Knowingly transporting hazardous waste to an unpermitted facility
in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)J:
MacDonald & Watson and Narragansett - seven counts each;
D'Allesandro, Cinquegrano, and Slade • six counts each; Ritarossi
- five counts; and O'Laughlin - one count.
Knowing treatment, storage, and disposal of hazardous waste
without a permit in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S C.
§ 6928(d)(2)(A)]: MacDonald & Watson and Narragansett - five
counts each; D'Allesandro and Cinquegrano - two counts each.
Knowing treatment, storage, or disposal of hazardous waste in
violation of a permit, in violation of RCRA, Sec. 3008(d)(2)(B) [42
U.S.C. § 6928(d)(2)(B)]: MacDonald & Watson, Narragansett and
Slade - one count each.
Knowing omission and making a false statement on required
documents, in violation of RCRA, Sec. 3008(d)(3) [42 U.S.C.
§ 6928(d)(3)]: MacDonald & Watson and Slade - one count each.
Failure to report release of reportable quantity of hazardous
substance to the National Response Center in violation of CERCLA,
Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)j: MacDonald & Watson and
Narragansett - one count each.
06/29/89: The perjury conviction of William Pandozzi was upheld by
the 1st circuit.
Argent Chemical Laboratories, Inc.
Eliot Laurence Lieberman
Beatriz Faith Shanahan
CR-88-023.
(W.D. Wash.)
Facts: Argent Chemical Laboratories, Inc. headquartered in Redmond,
Washington was engaged in the business of manufacturing, selling
and distributing pesticides, veterinary drugs, other industrial organic
and inorganic chemicals and other products for use by commercial fish
farms and the aquaculture industry. Eliot L. Lieberman is the
corporate president and treasurer. Beatriz F. Shanahan is the corporate
secretary.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 75
Defendant(s)/Docket No /Court
Facts and Status
Argent Chemical Laboratories, Inc.
(cont. from previous page)
01/13/88: An information was filed charging the defendants as follows
Corporation with two counts; Lieberman with three counts, and
Shanahan with one count of knowingly selling an unregistered
pesticide in violation of FIFRA, Sees. 12(a)(l)(A) and 14(b)(l) and
(4) [7 U.S.C. §§ 136j(a)(l)(A) and 1361(b)(l) and (4)];
Corporation charged with making false statements for each FIFRA
count in violation of 18 U.S.C. § 1001; and
Corporation and Lieberman with two counts and Shanahan with one
count of selling unapproved drugs and thereby introducing
misbranded drugs into interstate commerce in violation of the
Federal Food, Drug and Cosmetic Act [21 U.S.C. §§ 331(a) and
333(a)].
01/14/88: The corporation, Lieberman and Shanahan entered guilty
pleas to all charges brought under FIFRA and the Federal Food, Drug
and Cosmetic Act. The corporation also pled guilty to two counts of
making false statements.
03/31/88: The corporation was sentenced to pay a fine of $70,000,
Lieberman a fine of $20,000, and Shanahan a fine of $10,000. Both
individual defendants, Lieberman and Shanahan, ordered to pay $50
mandatory assessment per count to the Crime Victim's Fund. The
corporation, Lieberman, and Shanahan were each placed on five years
probation. Lieberman was sentenced to one year imprisonment (10
months suspended).
DAR Construction, Inc.
Maurice Dieyette
88-CR-65
(S.D.N.Y.)
Facts: DAR Construction, Inc. operates as an asbestos renovation and
removal business located in Staten Island, New York. Maurice
Dieyette, a/k/a "Cuda," was foreman and primary site supervisor of an
asbestos renovation and removal operation at a New York City
Department of Sanitation garage called Bronx West 7 Garage.
01/28/88: Eight-count indictment filed charging both the corporation
and Dieyette with the following:
Five counts each for asbestos emissions and disposal and
inadequate work practices all violating Clean Air Act, Sees.
112(c)(l)(B) and (e), and 113 (c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B) and
(e), and 7413(c)(l)(C)];
One count each for failure to report the release of a hazardous
substance in violation of CERCLA, Sec. 103 [42 U.S.C. § 9603]; and
Dieyette was also charged with two counts of obstructing justice by
attempting to persuade a Grand Jury witness to provide false
testimony before the Grand Jury, in violation of 18 U.S.C. § 1503.
-------
12/19/89 • 76
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No /Court
Facts and Status
DAR Construction, Inc
(cont. from previous page)
12/05/88: The corporation entered a guilty plea to three counts of
violating the Clean Air Act, Sees. 112(c)(l)(B) and (e), and 113(c)(l)(C)
[42 U.S.C. § 7412(c)(l)(B) and (e), and 7413(c)(l)(C)].
12/22/88: Defendant Maurice Dieyette was convicted by a jury of three
counts of violating the Clean Air Act.
04/07/89: Defendant Dieyette was sentenced to serve 90 days imprison-
ment and three years probation. The corporation was ordered to pay a
fine of $50,000 and assessed $600 for the Crime Victim's Fund.
Ocean Spray Cranberries, Inc.
87-129MC
(D. Mass.)
Facts: The company's plant in Middleborough, MA, on the Nemasket
River, manufactures fruit juices and cranberry sauces.
Middleborough, MA claims to be "the cranberry capital of the world."
01/28/88: A 78-count indictment was filed charging the corporation with
illegally discharging inadequately treated industrial wastewater and
other pollutants into Middleborough's POTW and also into the
Nemasket River and its wetlands. The corporation was charged with
the following:
65 counts of willfully and negligently discharging inadequately
treated wastewater into a POTW in violations of NPDES pursuant to
Clean Water Act, Sees. 301(a), 307, and 309(c)(l) [33 U.S.C.
§§ 1311(a), 1317, and 1319(c)(l)];
Six counts of knowingly discharging wastewaters and pollutants
into a POTW, in violation of pretreatment standards for acidity
pursuant to Clean Water Act, Sees. 301(a), 307 and 309(c)(2) [33
U.S.C. §§ 1311(a), 1317, and 1319(c)(2)];
Five counts of willful and negligent discharge of wastewater and
pollutants directly into the Nemasket River and its adjoining
wetlands without an NPDES permit, in violation of Clean Water
Act, Sees. 301(a), and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)];
and
Two counts of negligently discharging pollutants into the
Nemasket River and its adjoining wetlands without an NPDES
permit, in violation of CWA, Sees., 301(a) and 309(c)(l) [33 U.S.C
§§ 1311(a) and 1319(c)(l)].
04/18/88: The corporation was charged in a superseding indictment,
which lowered the above counts to sixty (60), five, five, and two
(respectively).
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 77
Defendant(s)/Docket No /Court
Facts and Status
Ocean Spray Cranberries, Inc.
(cont. from previous page)
12/20/88: Ocean Spray pled guilty to twenty counts of willfully and
negligently discharging inadequately treated wastewater into a
POTW, and one count of negligently discharging wastewater into the
Nemasket River, as charged in the superseding indictment. On the
same day, the corporation was fined $400,000 and also agreed to
purchase and install a sludge press for the Town of Middleborough
STF.
Welco Plating, Inc.
J. C. Collins, Jr.
CR-88-H-0019NE
(N.D. Ala.)
Facts: J. C. Collins, Jr. is president, stockholder and in charge of
operations at Welco Plating, Inc., a metal coating and plating
corporation doing business in Woodville, AL. Welco's industrial
processes generated electroplating waste materials including cyanide,
cadmium, chromium, and other metals. EPA collected and analyzed
samples to assist this FBI investigation.
01/29/88: 30-count indictment was filed charging both the corporation
and J. C. Collins, Jr. with the following:
One count of conspiracy [18 U.S.C. § 371]; two counts of willfully and
knowingly discharging pollutants from a point source into Cobb
Creek without a permit in violation of Clean Water Act, Sees. 301(a)
and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)]; five counts of
transportation of hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)]; seven
counts of disposing hazardous waste without a permit, in violation of
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]; nine counts of
transportation of hazardous waste without a required manifest, in
violation of RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)]; and six
counts of failure to report release of hazardous substances in
violation of CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)].
04/06788: The corporation and J. C. Collins pled guilty to one count of
violating each different statute charged in the indictment.
04/27/88: The corporation was sentenced to five years probation, and
liable for cleanup costs estimated at $1,300,000. Collins was sentenced to
pay a $200,000 fine, serve 18 months imprisonment, five years
probation, 300 hours community service, pay $14,472.20 restitution to the
State of Alabama Department of Environmental Management and pay
$300 assessment to the Crime Victim's Fund.
David Carr
88-CR-36
(N.D.N.Y.)
Facts: Carr is a civilian range maintenance foreman at Ft. Drum
Army Post in Watertown, NY. An estimated 300 five-gallon containers
of waste paints and solvents, used to paint targets, were found dumped
in or near a lagoon on the firing range of the Post.
-------
12/19/89 - 78
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No /Court
Facts and Status
David Carr
(cont. from previous page)
03/02/88: 43-count indictment charged Carr with 37 counts of negligent
discharge of pollutants, in violation of Clean Water Act, Sees. 301(a)
and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)], four counts of
disposal of hazardous waste without a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)], and two counts of failure to
report release of hazardous waste, in violation of C ERG LA, Sec. 103(a)
and (b) [42 U.S.C. § 9603(a) and (b)].
10/13/88: A federal district court jury acquitted Carr on 37 counts of
violating the Clean Water Act and four counts of violating RCRA, but
found the defendant guilty of two counts of violating CERCLA, Sees.
103(a) and (b) [42 U.S.C. §§ 9603(a) and (b)].
12/31/88: David Carr was sentenced to pay a $150 fine and serve two
years probation.
Eason & Smith Enterprises, Inc.
CR-88-59-P
(W.D. Okla.)
Facts: Eason & Smith Enterprises is a corporation doing business in
Del City, Oklahoma. The corporation negotiated with officials from
Hollman Air Force Base to transport drummed hazardous wastes,
which were transported, mixed, and stored.
03/17/88: One-count information filed charging the corporation with
knowingly transporting and storing hazardous waste without having
obtained interim status or a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
The corporate president, Carroll Smith, signed a Petition to Enter
Plea of Guilty to one count charged in the information filed the same
day.
05/15/88: The corporation was sentenced to pay a $15,000 fine.
Shenango, Inc.
CR-88-58
Nicholas S. Buchko
CR-88-57
(W.D. Pa.)
Facts: Shenango, Inc. owns and operates a facility on Neville Island,
Pittsburgh, Pennsylvania that produces coke and pig iron using a blast
furnace, coke ovens, and other ancillary equipment. Shenango's
industrial processes discharge wastewater into the Ohio River. Buchko
is employed by Shenango as an environmental engineer.
03/23/88: Separate informations filed charging Shenango, Inc. with six
counts of discharging pollutants into navigable water of the U.S. in
violation of its NPDES permits and Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. § 1311(a) and 1319(c)(l)]; and Buchko with failing to
install a flow meter in violation of Clean Water Act, Sec. 309(c)(2) [33
U.S.C. § 1319(c)(2)].
06/13/88: The corporation was sentenced to pay a $100,000 fine and $100
assessment. Buchko was sentenced to pay a $10,000 fine and a $25
special assessment.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 79
Defendant(s)/Docket No /Court
Facts and Status
Ronald C. Shawl
88-7029-M
(ND. Ohio)
Facts: Shawl is plant manager of Chemical Waste Management, Ohio
Liquid Disposal located in Vickery, Ohio.
03/31/88: One-count information filed charging Shawl with knowing
failure to maintain or submit reports regarding disposal of PCBs, in
violation of TSCA, Sees. 15(3) and 16(b) [15 U.S.C. §§ 2614(3) and
2615(b)].
04/15/88: The count charged against Shawl was dismissed.
Orkin Exterminating Company, Inc.
88-00040
(W.D. Va.)
Facts: Two Orkin Exterminating Company employees pled guilty in
State court in 1987 to misuse of Vikane resulting in the deaths of a couple
whose house in Galax, Virginia was fumigated. The State referred the
case against Orkin to the U.S. Attorney's Office.
04/21/88: A five (5) count indictment charged Orkin with failure to
follow Vikane labeling requirements, in violation of FIFRA Sees
12(a)(2)(G) and 14 (b)(2) [7 U.S.C. §§ 136j(a)(2)(G) and 1361(b)(2)J.
08/08/88: The company agreed to submit the matter before the judge in
lieu of a jury trial. The company was found guilty of one count of
FIFRA, Sec. 12 (a)(2)(G) [7 U.S.C. § 136j(a)(2)(G)].
11/17/88: The company was sentenced under the old 18 U.S.C. § 3623
(Alternative Fines Act) and the fine was increased because the Judge
found that the violation resulted in deaths. The company was fined
$500,000 ($150,000 suspended), sentenced to 2 years probation, and
ordered to perform 2,000 hours of community service. Sentence stayed
pending appeal.
Salvadore Apodaca
CR88-324-VST
(C.D. Cal.)
Facts: Apodaca is the owner and operator of Apodaca and Sons Plating
Co., an electroplating facility located in El Monte, California.
04/25/88: Apodaca pled guilty to a ten-count information filed on the
same day. The information charged him with the willful operation of a
point source in violation of a pretreatment standard of CWA, Sees.
307(d) and 309(c)(l) [33 U.S.C. §§ 1317(d) and 1319(c)(l)]. The company
was engaged in the practice of discharging wastewater from its plant
into the Los Angeles County sanitary sewer system. This practice was
in violation of EPA categorical pretreatment standards for cyanide,
zinc and other heavy metals.
10/03/88: Apodaca was sentenced to pay a $50,000 fine, five years
probation, and 500 hours of community service.
-------
12/19/89 - 80
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No/Court
Facts and Status
Spartan Trading Co , Inc.
John H. Biddle
John H. McDonald
Johnny M. Clark
CR-88-007-R
(N.D. Ga.)
Don A. Scruggs, Jr.
CR-1-88-52
(E.D. Tenn.)
Facts: Spartan Trading Co., Inc. is a Georgia corporation engaged in
the business of warehousing and brokering chemicals. The business is
located in Dalton, Georgia. John Biddle was president and owner of
Spartan Trading Co. John H. McDonald was the owner of "McDonald
Farm," also located in Dalton. Johnny Clark was an employee of
Spartan Trading Co. Chemical wastes were transported from Spartan
Trading Co. warehouse and stored and disposed at the McDonald farm.
04/27/88: The defendants are charged in a four-count indictment as
follows:
Conspiracy in violation of 18 U.S.C. § 371: Spartan Trading Co.,
Biddle, and Clark - one count each.
Knowingly transporting hazardous wastes to an unpermitted
facility, in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)]; Spartan Trading Co., Biddle, and Clark - one count
each.
Knowingly storing and disposing hazardous wastes without having
obtained a permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928(d)(2)(A)]: Spartan Trading Co., Biddle, and Clark -
one count each; McDonald - two counts.
Facts: Scruggs was charged in the Eastern District of Tennessee in
connection with the transportation and disposal of hazardous waste in
both Tennessee and Georgia. The information was filed as a result of
additional information gained from the prosecution of the Spartan
Trading Co. case.
05/11/88: Two-count Information was filed and Scruggs pled guilty to
both counts charging him with knowingly disposing hazardous wastes
without having obtained a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
05/31/88: Defendant Clark pled guilty to two counts charged in the
indictment filed on 04/27/88; one count conspiracy [18 U.S.C. § 371] and
one count of violating RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928
(d)(2)(A)]. One count of the indictment was dismissed by the
government [42 U.S.C. § 6928(d)(l)] for defendant Clark only.
Clark also pled guilty to one count information filed on the same
day. The information charged disposal of RCRA-listed laboratory
waste in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)].
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89-81
Defendant(s)/Docket No/Court
Facts and Status
Don A. Scruggs, Jr
(cont from previous page)
Taylor Laboratories, Inc.
John H. Taylor, Jr.
CR 1-89-57 and
CR89-18R
(E.D. Tenn.)
CR89-006-R
(N.D. Ga.)
Defendant John McDonald pled guilty to one count of knowing
unpermitted disposal of wastes into a dry well on McDonald farm,
in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]
07/15/88: Defendant Clark was sentenced to three years imprisonment
(all suspended), and three years probation.
08/18/88: Spartan Trading Co. and John Biddle were convicted of three
counts which were charged in the indictment (04/27/88).
08/26/88: Defendant John McDonald was sentenced to pay a $1,000 fine,
three years imprisonment (suspended), three years probation, and a $50
special assessment.
08/30/88: Defendant Donald Scruggs, Jr. was sentenced to 90 days
imprisonment, two years probation, a $50 assessment, ordered to pay
restitution of $13,926.18 to the State of Tennessee and EPA, and to pay
restitution of $1,105 to theTVA.
09/30/88: Spartan Trading Company was sentenced to pay a $10,000
fine, $600 special assessment, and pay restitution to EPA for the cost of
cleanup of the site in the amount of $138,265.36.
Defendant John Biddle was sentenced to five years imprisonment [all
but one year suspended] three years probation, $150 assessment and
$500/mo. restitution to EPA for any cost over the estimated cleanup cost
to be paid by Spartan Trading Co.
Facts: Related to Spartan Trading Co., Inc., et al. cases.
Taylor Laboratories, Inc. stored reagent chemicals (both RCRA listed
and characteristic wastes) in a warehouse in Chattanooga. The wastes
were found near Chickamauga Lake in Tennessee and in Whitfield
County, Georgia.
05/10/89: Subsequently the corporation and John Taylor, Jr. were each
charged by an indictment filed in the Northern District of Georgia with
the following counts:
Three counts of violating RCRA Sec. 3008(d)(l) [42 U.S.C.
§6928(d)(l)];
Two counts of violating RCRA Sec. 3008(d)(2) [42 U.S.C.
§ 6928(d)(2)];
Three counts of violating RCRA Sec. 3008(d)(5) [42 U.S.C.
§ 6928(d)(5)]; and
One count of conspiracy of violation of 18 U.S.C. § 371.
-------
12/19/89 - 82
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket .Vo/Court
Facts and Status
Taylor Laboratories, Inc.
(cont. from previous page)
07/05/89: An information was filed in the Eastern District of Tennessee
charging the corporation and Taylor with one count of knowingly
transporting hazardous waste to an unpermitted facility, in violation of
RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)], and one count of
knowingly transporting hazardous waste without a manifest, in
violation of RCRA, Sec. 3008(d)(5) [42 U.S.C. § 6928(d)(5)].
08/14/89: Both defendants, the corporation and Taylor, entered guilty
pleas. Under terms of the plea agreement, Taylor and the corporation
waived indictment in Tennessee and agreed to be charged in the
Northern District of Georgia. Taylor and the corporation have both
agreed to pay $13,926.18 restitution to the Tennessee Department of
Health and Environment, and $1,105 to the TVA.
Pennwalt Corporation, Inc.
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
CR-88-55T
(W.D. Wash.)
Facts: Pennwalt Corporation, Inc. (hereafter "Pennwalt") is a
corporation incorporated in the Commonwealth of Pennsylvania and
headquartered in Philadelphia, Pennsylvania. Pennwalt is engaged
in the business of manufacturing chemical solutions. Custer was
former corporate vice president, Shanahan was president of the
Inorganic Chemical Division, Golinski was manager of the Inorganic
Chemical Division, and High was manager of the Pennwalt Tacoma
Plant. On January 2, 1985, a tank ruptured at the Pennwalt, Tacoma
plant. The tank contained sodium chlorate solution, a bleaching agent
used in the pulp and paper industry. The plant adjoins the Hylebos
Waterway, a waterway leading into Commencement Bay and then into
Puget Sound.
05/20/88: A six-count indictment was returned against the corporation
and four corporate officers charging each defendant with the following:
Making a false statement to U.S. Coast Guard in violation of 18
U.S.C. § 1001: the corporation and High - one count each;
Negligent discharge of pollutants from a point source into a
navigable water of the U.S. without having obtained a permit, in
violation of CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a)
and 1319(c)(l)]: the corporation and High - three counts each;
Custer, Shanahan, and Golinski - one count each;
Negligent discharge of pollutants into navigable water of the U.S.
due to certain valves being left open after the tank ruptured and
causing sodium chlorate solution to enter a nearby drain system,
which drains directly into the Hylebos Waterway, in violation of
CWA, Sees. 301(a) and 309(c)(l)(A) [33 U.S.C. §§ 1311(a) and
1319(c)(l)(A)]: the corporation and High - one count each;
Failure to notify of the release of a hazardous substance into the
environment, in violation of CERCLA Sec. 103(b)(3) [42 U.S.C.
§ 9603(b)(3)]: the corporation and High - one count each.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 83
Defendant(s)/Docket No /Court
Facts and Status
Pennwalt Corporation, Inc.
(cont. from previous page)
05/02/89: The corporation entered a guilty plea to four counts of
violating the CWA, and one count of violating CERCLA. The
corporation also agreed to pay a $500,000 fine and to fund an
environmental trust fund for the U.S. Coast Guard in the amount of
$600,000.
05/30/89: Defendant High entered a guilty plea to two counts charged by
an information of violating the CWA, Sec. 309(c)(l) [33 U.S.C.
§ 1319(c)(l)] and one count of violating CERCLA, Sec. 103(b)(3) [42
U.S.C. § 9603(b)(3)]. High was sentenced to pay a $5,000 fine and serve
two years probation.
Central Valley Water Reclamation
Facility Board
88-CR-085W
(C.D. Utah)
Facts: Central Valley Water Reclamation Facility Board (hereafter
"CVWRFB"), operates and is located in Salt Lake City, Utah. The
defendant was also named in a civil action for CWA violations.
05/26/88: Two-count information was filed charging CVWRFB with
making false statements on Discharge Monitoring Reports (DMRs)
and failing to certify on a DMR that the Cottonwood WTP had an
unauthorized bypass of wastewater, in violation of CWA, Sec. 309(c)(2)
[33 U.S.C. § 1319(c)(2)].
On the same day, CVWRFB pled guilty to both counts and was sentenced
to pay a $1,000 fine and a $100 assessment to the Crime Victim's Fund.
Chem-Wood Treatment Co., Inc.
Erie Kitagawa
88-00864
(D. Hawaii)
Facts: Chem-Wood Treatment Company, Inc., is a Hawaii corporation
located in Ewa Beach, Hawaii. The company is engaged in the
business of preservative treatment of wood. Kitagawa was vice
president and general manager of the company.
06/02/88: One-count indictment filed charging the company and
Kitagawa with one count each of knowingly storing hazardous wastes
(a pesticide-copper chromium arsenate), without having obtained
interim status or a permit in violation of RCRA, Sec. 3008(d)(2)(A) [42
U.S.C. § 6928 (d)(2)(A)].
06/13/88: The company and Kitagawa pled guilty to one count each.
07/25/88: The company was sentenced to pay a $25,000 fine. Kitagawa
was sentenced to pay a $5,000 fine (suspended), two years imprisonment
(suspended), three years probation, and 100 hours of community
service.
-------
12/19/89 - 84
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No/Court
Facts and Status
Cuyahoga Wrecking Company
Leonard Capizzi
Chester F. Reiss, Sr.
James J. Abbajay
Robert S. Torok
88-497
(C.D. Cal.)
Joseph A. Grossi
88-580
(C.D. Cal.)
Facts: Cuyahoga Wrecking Company is headquartered in Great Neck,
New York and was engaged in the demolition operation at the Kaiser
Steel Plant in Fontana, California. Capizzi was manager of
demolition operations from March 1983 to January 1985. Reiss, Sr was
manager of demolition operations from February 1985 to June 1985
Torok was manager of demolition operations from July 1985 to
September 1986.
06/14/88: An eight-count indictment charged the company and four
employees with the following:
The company and four defendants were each charged with one count
of conspiracy to defraud the U.S. EPA and demolish buildings and
structures in violation of emission standards for asbestos
(NESHAP) in violation of 18 U.S.C. 371.
The company and Abbajay were charged with one count each of
making a false statement in violation of 18 U.S.C. § 1001.
Knowingly demolished and caused to demolish a stationary source
and knowingly caused asbestos to be emitted from a stationary
source in violation of NESHAP standards in violation of CAA Sees.
112(c)(l)(B) and 113(c)(l)(B) [42 U.S.C. §§ 7412(c) and 7413(c)(l)(C)]:
the company - three counts; Torok - two counts; Capizzi, Reiss, and
Abbajay - one count each.
Failure to immediately notify the appropriate U.S. Government
agency of the release of a importable quantity of asbestos in violation
of CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)]: the company -
three counts; Abbajay, Capizzi, and Reiss - one count each.
08/01/88: Grossi was charged by the filing of an information with one
count of violating the Clean Air Act [42 U.S.C. §§ 7412(c)(l)(B) and
7413(c)(l)(C)]. On the same day he pled guilty to the same count.
10/11^88: The company and four individual defendants pled guilty to
the following counts:
Each defendant pled guilty to one count of conspiracy, 18 U.S.C.
§371.
The company also pled guilty to one count of making a false
statement in violation of 18 U.S.C. § 1001, two counts of violating the
Clean Air Act [42 U.S.C. §§ 7412(c)(l)(B) and 7413 (c)(l)(C)]t and
three counts of violating CERCLA [42 U.S.C. § 9603(b)(3)].
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 85
Defendant(s)/Docket No /Court
Facts and Status
Joseph A. Grossi
(cont. from previous page)
Defendants Capizzi, Reiss, and Abbajay each additionally pled
guilty to one count of violating the Clean Air Act [42 U.S.C.
§§ 7412(c)(l)(B) and 7413(c)(l)(Q], and one count violating
CERCLA [42 U.S.C. § 9603(b)(3)].
Defendant Torok additionally pled guilty to two counts of violating
the Clean Air Act [42 U.S.C. § 7412(c)(l)(B) and 7413(c)(l)(C)].
On the same day, the company was sentenced to pay a $250,000 fine.
12/05/88: The remaining defendants were sentenced as follows:
Leonard Capizzi - 18 months imprisonment
Chester Reiss, Sr.- six months imprisonment
James Abbajay - two months imprisonment
Samuel Torok - six months imprisonment
12/21/88: Joseph Grossi was sentenced separately to serve two years
probation and 250 hours of community service.
Charles Arcangelo
James Arcangelo
Antonio DeLucia
aka "Uncle Tony"
Frank DeFelice
aka "Frankie Boy"
Marco DeLucia
aka "Nutsie"
Dennis Champagne
aka "Red"
Roger Boisonneault
John Cappella
Robert Veltre
Nicholas Sciarra
Bruce Bieler
N-88-43TFGD
(D. Conn.)
Facts: Charles Arcangelo and his brother, James Arcangelo were
owners and operators of five junkyards located in the State of
Connecticut. They also operated Arcangelos Restaurant in New
Haven, Connecticut until the building was substantially destroyed in
an arson fire which occurred in June 1981. In conjunction with the
operation of the junkyards, the Arcangelo brothers also operated four
scrap dealer businesses. The remaining defendants are either owners
or were associated with Chuck and Eddie's Junkyards.
06/23/88: A sealed indictment was filed in the U.S. Federal District
Court (see comment for 06/24/88).
06/24/88: All of the individual defendants were arrested and a 15-count
RICO (the Federal "Racketeer Influenced and Corrupt Organization"
statute) indictment was unsealed in New Haven, Connecticut. The
Arcangelos were charged as follows:
Charles and James Arcangelo were each charged with: two counts
of transportation and harboring of illegal aliens in violation of 18
U.S.C. § 1324(a)(D(B); three counts of mail fraud in violation of 18
U.S.C. § 1341; two counts of racketeering in violation of 18 U.S.C.
§ 1962(c) and (d); one count of sale or receipt of stolen motor vehicles
in violation of 18 U.S.C. § 2313; three counts of interstate
transportation of stolen property in violation of 18 U.S.C. § 2314; one
count of disposal of hazardous waste without a permit in violation of
RCRA, Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)]; and one count of
failure to notify of the release of a hazardous substance (mercury)
and release without a permit, in violation of CERCLA, Sec. 103(b)(3)
[42 U.S.C. § 9603(b)(3)].
-------
12/19/89 • 86
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No/Court
Facts and Status
Charles Arcangelo, et al.
(cont. from previous page)
The Arcangelo brothers were the only defendants charged with
violating environmental laws. The other defendants' charges involve
various criminal activities consisting of interstate transportation of
stolen property (motor vehicles), sale or receipt of stolen motor vehicles,
mail fraud, and violations of federal immigration law, or altering VIN
numbers.
01/03/89: Roger Boisonneault entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 U.S.C.
§ 2314, and one count of tampering with a VIN in violation of 18 U.S.C
§511(a).
01/06/89: Bruce Bieler's motion for pretrial diversion was granted.
01/10/89: Charles and James Arcangelo entered guilty pleas to one
count of racketeering, in violation of 18 U.S.C. § 1962(c) and (d), and
one count of illegal disposal of hazardous waste, in violation of RCRA,
Sec. 3008(d)(2) [42 U.S.C. § 6928(d)(2)];
Antonio DeLucia entered a charge of plea to guilty to one count of
sale or receipt of stolen motor vehicles [18 U.S.C. § 2313] and one
count of interstate transportation of stolen property [18 U.S C
§ 2314];
Frank DeFelice entered a guilty plea to one count of Racketeer
Influenced and Corrupt Organizations (RICO), in violation of 18
U.S.C. § 1962(d);
Marco DeLucia entered a guilty plea to one count of interstate
transportation of stolen property, in violation of 18 U.S.C. § 2314;
and
Robert Veltre entered a guilty plea to one count of sale or receipt of
stolen motor vehicles, in violation of 18 U.S.C. § 2313.
01/17/89: Dennis Champagne entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 U.S.C.
§ 2314;
John Cappella entered a guilty plea to one count of sale or receipt of
stolen motor vehicles, in violation of 18 U.S.C. § 2313.
03/08/89: Robert Veltre was sentenced to five years imprisonment (all
but six months suspended), placed on probation for five years, and
ordered to pay a $10,000 fine and a $50 special assessment.
03/10/89: Marco DeLucia was sentenced to four years imprisonment
(suspended), placed on four years probation, ordered to pay a $2,000 Tine,
and a $100 special assessment; and
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 87
Defendant(s)/Docket No /Court
Facts and Status
Charles Arcangelo, et al.
(cont. from previous page)
Antonio DeLucia was sentenced to serve three years on two counts
(to be served consecutively and three years suspended), placed on
probation for four years, ordered to pay a fine of $5,000, and pay a
$100 special assessment.
03/15/89: John Cappella was sentenced to five years imprisonment
(suspended), placed on five years probation, ordered to pay a $25,000 fine
and a $50 special assessment.
03/16/89: Dennis Champagne sentenced to four years imprisonment (to
be served consecutively with sentence imposed in another criminal
conviction), and ordered to pay a $50 special assessment.
03/17/89: Frank DeFelice sentenced to five years imprisonment and
ordered to pay a $50 special assessment.
04/03/89: Roger Boisonneault sentenced to three years probation and
ordered to pay a $100 special assessment.
04/05/89: Nicholas Sciarra entered a guilty plea to one count of
interstate transportation of stolen property, in violation of 18 U.S.C.
§ 2314.
04/13/89: Charles Arcangelo was sentenced to serve 12 years
imprisonment (suspended), placed on five years probation, pay a
$200,000 fine ($50,000 to the victims, $23,429.07 to the State of Connecticut
Dept. of Environmental Protection, and the remainder to the Lexington
Insurance Co. of Boston), ordered to forfeit $300,000 worth of computer
equipment, and ordered to pay a special assessment of $100.
04/14/89: James Arcangelo was sentenced to seven years imprisonment
(suspended), placed on five years probation, shares joint and several
liability for restitution and forfeiture imposed in sentence of his
brother, Charles, and ordered to pay a special assessment of $100.
05/31/89: Nicholas Sciarra was sentenced to serve two years
imprisonment (suspended) placed on four years probation, and ordered
to pay a $50 special assessment.
William Dee
Robert Lentz
Carl Gepp
HAK-88-0211
(D. Md.)
Facts: Dee, Lentz, and Gepp are chemical engineers, who hold top
management positions at the Chemical Research Development and
Engineering Center (CRDEC). The CRDEC was the primary tenant
and main activity at the Edgewood area of Aberdeen Proving Grounds,
a Test and Evaluation Command installation within the U.S. Army
Material Command, located in Baltimore and Hartford Counties,
Maryland.
06/28/88: A five-count indictment was filed charging the three
defendants as follows:
-------
12/19/89 - 88
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No /Court
Facts and Status
William Dee, et al.
(cont. from previous page)
One count each for negligent discharge of pollutants, namely
hydro-sulfuric acid, from a point source into Canal Creek, a
navigable water of the U.S. without an NPDES permit in violation of
CWA, Sec. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
and
Four counts of knowing unpermitted treatment, storage and
disposal of hazardous wastes in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
11/29/88: A superseding indictment charged the same counts as the
indictment (see above).
02/23/89: A federal district court jury convicted defendant Dee with one
count of violating RCRA and defendants Lentz and Gepp with three
counts each of violating RCRA. The remaining counts were dismissed.
05/10/89: The three defendants were each sentenced to three years
probation per count (to be served concurrently), and 1,000 hours
community service per count (to be served concurrently) and court
costs.
Shelton Erickson
CR-88-60019-01
(W.D. La.)
Facts: Erickson is president, owner and operator of Erickson Chemical
Company, located in New Iberia, Louisiana. The company's business
involves oil field soaps and degreasers and includes the
manufacturing of corrosive inhibitors, paraffin solvents, scale
inhibitors, etc.
06/29/88: Erickson pled guilty to one count information filed on the
same day charging him with unpermitted treatment, storage and
disposal of hazardous waste, in violation of RCRA, Sec. 3008(d)(2)(A)
[42 U.S.C. § 6928(dX2)(A)].
08/19/88: Erickson was sentenced to pay a $2,500 fine and placed on two
years probation.
George Scofield Company, Inc.
CR-88-73-FDB
Robert Squyres
CR-88-74-FDB
(W.D. Wash.)
Facts: The George Scofield Company operated a ready-mix concrete
plant in Tacoma, Washington. The plant was located alongside the
Tacoma City Waterway, which leads into Commencement Bay and
then into Puget Sound. Robert Squyres was superintendent (prior to
December 1986) and General Manager (after December 1986) of the
Scofield plant. His duties included overseeing the concrete manufac-
turing operations at the Scofield Tacoma plant.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 • 89
Defendant(s)/Docket No /Court
Facts and Status
George Scofield Company, Inc.
(cont. from previous page)
07/05/88: Two separate informations were filed charging both the
company and Squyres each with two (2) counts of negligently
discharging pollutants, consisting of alkaline wastewaters from
cleaning concrete trucks, into a navigable waterway of the United
States, without having a permit and in violation of an existing NPDES
permit, all in violation of the Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. 1311(a) and 1319(c)(l)].
07/13/88: The company and Squyres pled guilty to two (2) counts
charged to each of them in the informations. The company was
sentenced to pay a $40,000 fine and placed on three years probation.
09/22/88: Defendant Squyres was sentenced to pay a $10,000 fine and
placed on three years probation.
Ronald Rollins
CR-88-10033
(D. Idaho)
Facts: Ronald Rollins used a restricted-use pesticide (Mobay Furadan
4F) in proximity of a waterfowl nesting area and on fields, where
waterfowl fed in a wetland area of the Snake River.
07/11/88: A two-count information was filed charging the defendant
with one count of illegal use of a registered pesticide, in violation of
FIFRA Secs.l2(a)(2)(G) and 14(b)(2) [7 U.S.C. §§ 136j(a)(2)(G) and
1361(b)(2], and one count of unlawfully taking migratory birds
(Canadian Geese) in violation of the Migratory Bird Treaty Act [16
U.S.C. §§ 703 and 707].
10/17/88: A Federal District Court jury handed down a verdict, which
dismissed one count of violating FIFRA, and convicted Rollins of one
count of violating the Migratory Bird Treaty Act.
10/28/88: Rollins was sentenced to one year imprisonment (all
suspended), and one year probation.
Lee S. Woodside
Gary A. Masson
CR-88-362
(D.N.M.)
Facts: Lee Woodside was vice president of Refining and Marketing for
Plateau, Inc. Gary Masson was manager for Refinery Planning for
Plateau, Inc. Plateau, Inc. was a New Mexico corporation
headquartered in Albuquerque and operated refineries in Bloomfield,
New Mexico and Roosevelt, Utah. Plateau was in the business of
refining and blending petroleum products into gasoline and the retail
sale of gasoline. Plateau, Inc. was administratively assessed a civil
penalty of $130,000 by EPA in June 1988.
07/14/88: A three-count indictment was filed, charging each defendant,
Woodside and Masson, with one count of conspiracy, in violation of 18
U.S.C. § 371, and two counts of making false statements in reporting
lead usage in the production of gasoline, in violation of 18 U.S.C. § 1001.
-------
12/19/89 - 90
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No./Court
Facts and Status
Lee S. Woodside
(cont. from previous page)
09/14/88: A three-count superseding information was filed charging
defendant Masson with one count conspiracy [18 U.S.C. § 371J, and two
counts of making false statements on a report submitted to EPA, "Lead
Additive Report for Refinery", in violation of The Clean Air Act, Sec
113(c)(2) [42 U.S.C. § 7413(c)(2)]. On the same day, Masson pled guilty to
all three counts charged in the superseding information.
11/03/88: Masson was sentenced to pay a $3,000 fine.
11/28/88: Defendant Woodside entered a guilty plea to three counts
charged in the superseding information filed on the day the trial was to
begin.
02/10/89: The judge imposed a sentence on defendant Woodside of five
minutes of unsupervised probation.
Commercial Metals Company, Inc.
(d/b/a Karchmer Iron and Metal Co.)
Harold Belcher
James Vermillion
CR-88-03318-01
(W.D. Mo.)
Facts: Karchmer Iron and Metal Company is a subsidiary of Dallas-
based Commercial Metals Company, Inc. The company is in the
business of processing scrap metal. James Vermillion was the
manager at the Karchmer plant. Harold Belcher was the office
manager at the Karchmer plant, located in Springfield, Missouri.
07/27/88: A six-count indictment was filed charging the company,
Vermillion, and Belcher with one count each of conspiracy [18 U.S.C.
§371]; two counts each of knowingly disposing of hazardous waste
without first obtaining a permit, in violation of RCRA, Sec. 3008(d) [42
U.S.C. § 6928(d)]; one count each of endangerment, in violation of
RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)]; the company and Vermillion
were also charged with one count each unlawful discharge of pollutants
into a navigable waterway of the United States without a permit, in
violation of the Clean Water Act, Sec. 301(a) and 309(c)(2) [33 U.S.C.
§§1311(a)andl319(c)(2)].
02/17/89: The Government dismissed all the CWA counts before the
trial began. A federal district court jury acquitted the Company of
conspiracy, and three RCRA counts, and acquitted Vermillion and
Belcher of conspiracy and the RCRA count charging knowing
endangerment, [42 U.S.C. § 6928(e)]. The jury was hung and the
government dismissed the RCRA counts against the individuals, who
were charged with two counts of illegal disposal without obtaining a
permit, [42 U.S.C. § 6928(d)].
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 - 91
Defendant(s)/Docket No./Court
Facts and Status
Forms, Inc.
88-00292
Phillip F. Trembley
88-00293
(E.D. Pa.)
Facts: Forms, Inc. is a Pennsylvania corporation located in Willow
Grove, Pennsylvania and engaged in the business of manufacturing
and printing business forms. Phillip Trembley, was a contractor hired
by Forms, Inc. to remove various 55-gallon drums from the Forms, Inc
facility.
07/28/88: Two separate informations were filed charging both Forms,
Inc. and Trembley with one count of knowingly transporting
hazardous waste to an unpermitted facility in violation of RCRA, Sec
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
08/02/88: Defendant Trembley pled guilty to one count information.
08/05/88: The company pled guilty to one count information and was
sentenced to pay a $50,000 fine.
09/26/88: Defendant Trembley was sentenced to pay $1,500 fine and
placed on five years probation.
Gardinier, Inc.
88-238-CR-T-17A
(M.D. Fla.)
Facts: Gardinier, Inc. manufactured phosphatic fertilizer solution
(PFS), which contains phosphoric acid and is considered a hazardous
substance. On May 1, 1988, one of the storage tanks, containing PFS,
overflowed and at least 40,000 gallons were discharged into or onto the
shoreline of the Alafia River.
08/03/88: The company pled guilty to one count charged in an
information filed the same day. The information charged the company
with one count of discharging a hazardous substance from an onshore
facility into a navigable waterway and failing to immediately notify
the appropriate agency, in violation of section 1321 of the Federal Water
Pollution Control Act [33 U.S.C. § 1321(b)(5)].
10/21/88: Gardinier, Inc. was sentenced to pay a $100,000 fine, serve one
year probation, and to perform other remedial action, as stated in the
plea agreement.
Chase Interiors, Inc.
Kenneth Kaminski
CR-88-119C
(W.D.N.Y.)
Facts: Chase Interiors, Inc. operated an industrial plant located in
Falconer, New York. The company was in the business of constructing
and finishing cabinets and other fixtures used in department stores and
other retail businesses. Kenneth Kaminski was the manager and
direct supervisor of the plant.
-------
12/19/89 - 92
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendants/Docket No /Court
Facts and Status
Chase Interiors, Inc
(cont. from previous page)
08/05/88: A two-count indictment was filed charging the company and
Kaminski with one count each of conspiracy, in violation of 18 U.S.C
371; and one count each of knowing and unlawful treatment, storage,
and disposal of hazardous waste, in violation of RCRA, Sec
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
01/31/89: Kaminski was charged in a superseding information with
one count of failure to notify of the release of a hazardous substance, in
violation of CERCLA, Sec. 103(b) [42 U.S.C.§ 9603(b)].
02/01/89: The company entered a guilty plea to one count of violating
RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)]. Kaminski pled
guilty to one count of violating CERCLA, Sec.lOS(b) [42 U.S.C.
§ 9603(b)].
05/19/89: Kaminski's sentence was suspended and he was placed on
two years probation. The company was sentenced to pay a fine of $50,000
and placed on five years probation.
James B. Hellman
Joel H. Lederman
Barry A. Seldin
William F. Smith, II
88-CR-216
(D. Colo.)
Facts: Denver Asbestos Control Technology, Inc. (hereinafter DACT)
and D.A.C.T. U.S.A., Inc. are Colorado corporations engaged in the
business of asbestos removal from Denver-area public schools.
Hellman, Lederman, and Seldin were employees of the asbestos
removal companies. Smith was Hazardous Materials Manager for the
Denver Public Schools.
08/11/88: An eleven-count indictment was filed charging four
individual defendants each with the following:
Six counts (6) of bribery, in violation of 18 U.S.C. § 666(a)(l)(B) and
(a)(2); two counts (2) of making false statements, in violation of 18
U.S.C. § 1001; two counts (2) of influencing, in violation of 18
U.S.C. § 1014; and one count of mail fraud, in violation of 18 U.S.C.
§ 1341.
02/10/89: A superseding information was filed against defendant
Lederman and he pled guilty to both counts charged: one count of
making a false statement, in violation of 18 U.S.C. § 1001, and one
count of influencing, in violation of 18 U.S.C. § 1014.
Defendant Hellman pled guilty to two counts charged in the
indictment: one count of bribery, in violation of 18 U.S.C. § 666, and
one count of influencing, in violation of 18 U.S.C. § 1014.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
12/19/89 • 93
Defendant(s)/Docket NoVCourt
Facts and Status
Ashland Oil Inc.
88-146
(W.D. Pa.)
Facts: Ashland Oil Inc. is a corporation incorporated in the state of
Kentucky and headquartered in Russell, Kentucky. On January 2,
1988 an oil storage tank, located at Ashland's Floreffe, Pennsylvania
facility, collapsed and caused an excess of 500,000 gallons of oil to spill
into the Monongahela River.
09/15/88: A grand-jury handed down a two-count indictment charging
the corporation with one count of unlawfully discharging refuse (oil)
into a navigable water of the United States without a permit, in violation
Sees. 13 and 16 of the Rivers and Harbors Appropriation Act of 1899 (the
Refuse Act) [33 U.S.C. §§ 407 and 411]; and one count of negligently
discharging pollutants into a navigable water of the United States
without a permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
02/07/89: Ashland Oil entered a nolo contendere plea to both counts
charged in the indictment.
03/09/89: Under the Alternative Fines Act (18 U.S.C.§ 3571), the
corporation was sentenced to pay a $2,250,000 fine.
Riedel International, Inc.
James A. Repman
Ronald E. Summers
CR88-271W
(W.D. Wash.)
Facts: Riedel International, Inc. was parent corporation of Pioneer
Construction Materials Co., which operated ready-mix concrete plants
adjacent to Lake Union and the Duwamish River in Seattle,
Washington. Repman was president of Pioneer and Summers was
operations manager.
09/12/88: Riedel International, Inc. entered a guilty plea to six counts
charged in an information which was filed later on September 20, 1988.
09/20/88: A ten-count information was filed charging Riedel
International Inc. with six counts, Repman and Summers with two
counts each of willfully and negligently discharging waste water into a
navigable water of the United States without an NPDES permit, in
violation of the Clean Water Act Sees. 301(a) and 309(c)(l) [33 U.S.C.
§§ 1311(a) and 1319(c)(!)].
09/29/89: Defendants Repman and Summers both entered guilty pleas to
both counts charged to each of them in the information.
12/02/88: The defendants were sentenced as follows:
Riedel International to pay a $150,000 fine, plus $150 assessment to
the Crime Victim's Fund;
Repman to pay a $10,000 fine, serve three years probation, and 150
hours of community service;
Summers to pay a $3,000 fine, serve five days imprisonment, three
years probation, and 150 hours of community service.
-------
12/19/89 • 94
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1988
Defendant(s)/Docket No/Court
Facts and Status
Chorine Kasema Mackenzie Nzau
a/k/a Kasema Mackenzie
88-478M
(WD. Wash.)
Facts: Approximately 300 55-gallon drums, containing suspected
hazardous waste, were found in mini-storage units rented to a
company, Washington Environment Pro-Tech, Inc., owned by Kasema
Mackenzie. The drums were discovered in the mini-storage units,
located in a complex in Bellevue, Washington because the rent was past
due.
08/26/88: Defendant Kasema Mackenzie was arrested pursuant to a
Federal Warrant. Four separate search warrants were executed on
Mackenzie's car, residence, briefcase, and a second self-storage
warehouse rented by Mackenzie.
09/21/88: A twelve-count indictment was filed charging Mackenzie
•with seven counts of making false statements, in violation of 18 U.S.C.
§ 1001; four counts of knowingly transporting hazardous waste to an
unpermitted facility, in violation of RCRA, Sec. 3008(d)(l) [42 U.S.C.
§ 6928(d)(l)j; and one count of knowingly storing waste at a facility
without a permit in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C.
§ 6928(d)(2)].
10/28/88: Mackenzie pled guilty to one count of illegal storage of
hazardous waste, in violation of RCRA, Sec. 3008(d)(2) [42 U.S.C
§ 6928(d)(2)].
12/16/88: Mackenzie was ordered to pay $100,000 restitution for the clean
up costs incurred by EPA, and also sentenced to three years
imprisonment (all but six months suspended), and three years
probation.
John Pozsgai
88-450
(E.D. Pa.)
Facts: John Pozsgai owns a tract of land consisting of wetlands
adjacent to an unnamed tributary of the Pennsylvania Canal, in Bucks
County, Pennsylvania.
09/29/88: A forty-one count indictment was filed charging Pozsgai with
discharging pollutants, including fill material onto wetlands without a
permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(2)(A) [33 U.S.C. §§ 1311(a) and 1319(c)(2)(A)].
12/30/88: Defendant Pozsgai was convicted of forty (40) out of the forty-
one counts charged in the indictment.
07/13/89: Pozsgai was sentenced to pay a $200,000 fine, serve three years
imprisonment on each count (to be served concurrently), five years
probation, including restoration of wetlands, and assessed $2,000 for the
Crime Victim's Fund.
-------
Fiscal Year 1989
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 - 95
Defendant(s)/Docket No /Court
Facts and Status
William N.
CR-88-282
(N.D. Ohio)
Bogas
Facts: William Bogas was commissioner of the Cleveland Hopkins
Airport. Bogas was responsible for supervising all activities at the
airport, including the maintenance department, which collected and
disposed of waste generated by the airport.
10/04/88: Bogas was charged in a five-count indictment with three
counts of making false statements, in violation of 18 U.S.C. § 1001, one
count of storage, disposal, and treatment of hazardous waste without a
permit, in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)]; one count for failure to notify of a release of a
hazardous substance in violation of CERCLA, Sec. 103(b)(3) [42 U.S C
§ 96030»(3)L
05/19/89: Bogas entered a guilty plea to three counts of making false
statements, in violation of 18 U.S.C. § 1001, and one count of violating
CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)].
Ocie Mills
Carey C. Mills
88-03100-WEA
(N.D. Fla.)
Facts: Ocie and Carey C. Mills own property in Santa Rosa County,
Florida. The property is located in the Spanish Landing Subdivision
and consists of wetlands area adjacent to East Bay.
10/18/88: A six-count indictment was filed charging defendants Ocie
and Carey C. Mills with the following counts:
One count each of unlawfully excavating or causing to excavate a
canal in the navigable waters of the United States (East Bay),
without having obtained a permit from the U.S. Army Corps of
Engineers, in violation of Sees. 10 and 12 of the Rivers and Harbors
Appropriation Act of 1899 [33 U.S.C. §§ 403 and 406]; and
Five counts each of knowingly discharging or causing pollutants to
be discharged into the waters of the United States by placing fill into
wetland areas adjacent to East Bay without a permit in violation of
the Clean Water Act, Sees. 301(a) and 309(c)(2)(A) [33 U.S.C.
§§ 1311(a) and 1319(c)(2)(A)].
01/26/89: Both defendants were convicted of all counts charged in the
indictment.
04/17/89: Ocie and Carey Mills were both sentenced to serve one year
and nine months imprisonment, serve one year probation, to pay a
$5,000 fine, and a $250 special assessment to the Crime Victim's Fund.
-------
12/19/89 • 96
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No./Court
Facts and Status
John Mastrobuono
88-381
(D.N.J.)
Facts: Mastrobuono was operator-administrator of Caldwell Sewage
Treatment Plant, a wastewater treatment plant, which serves six Essex
County, New Jersey municipalities.
10/21/88: An 18-count indictment was filed charging Mastrobuono with
eighteen (18) counts of making false statements by submitting false
reports to EPA and the New Jersey Department of Environmental
Protection, in violation of 18 U.S.C. § 1001.
12/08/88: The defendant entered a guilty plea to one count of making a
false statement.
01/23/89: The defendant was sentenced to pay a $2,000 fine, to serve one
year imprisonment, and three years probation.
Transit Mix Concrete Company, Inc.
88-CR-289
(D. Colo.)
Facts: Transit Mix Concrete Company, Inc. operates a cement plant,
located in Colorado Springs, Colorado. Transit Mix is a subsidiary of
Chicago-based Continental Materials Corp.
10/24/88: An information was filed charging the company with one
felony count of knowingly discharging pollutants without a permit
from a point source into navigable waters of the United States, in
violation of the Clean Water Act, Sec. 309(c)(2)(A) [33 U.S.C.
§ 1319(c)(2)(A)]. The charge resulted from the company's dumping of
concrete wastewater and solids, including calcium hydroxide, a highly
corrosive agent used in cement mixing, into Shocks Run. This stream
runs into Fountain Creek, a tributary of the Arkansas River.
11/07/88: The company pled guilty to one count as charged in the
information.
The company was sentenced to pay a $500,000 fine (all but $50,000
suspended), to serve five years probation, and to spend $55,000 on a
community service project such as improving hiking trails along
the river as suggested by the judge.
Progressive Oil Company
CR-88-324
(D. Mass.)
Facts: Progressive Oil Company, located in Gloucester, Massachusetts,
is in the business of selling and delivering heating oil.
11/10/88: An indictment charged the company with one count of
negligent discharge of a pollutant (gasoline) into the sewer system and
publicly owned treatment works, which a reasonable person would have
known could cause personal injury and property damage, in violation
of CWA, Sec. 309(c)(l)(B) [33 U.S.C. § 1319(c)(l)(B)].
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 • 97
Defendant(s)/Docket No/Court
Facts and Status
Progressive Oil Company
(cont. from previous page)
The indictment alleges that gasoline contaminated with water was
pumped into a drain on the company property. This drain was
connected with the town of Gloucester's sewer system. After the
discharge, an explosion occurred causing manhole covers to be hurled
into the air, and also the evacuation of downtown Gloucester
09/11/89: The company entered a nolo contendere plea (which has the
same legal effect as a guilty plea), to the count charged in the
indictment.
William E. Willey
88-00518
(E.D. Pa.)
Facts: Willey was one of two owners and operators of Apache Waste Oil
Company, located in Conshohocken, Pennsylvania. Apache Waste Oil
Company was in the business of collecting and selling waste oil
12/06/88: An information was filed charging Willey with one count of
knowingly transporting hazardous waste to an unpermitted facility, in
violation of RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)].
01/05/89: Defendant Willey pled guilty to one count charged in the
information.
01/18/89: Willey was sentenced to one year probation and ordered to pay
a $1,000 fine and court costs.
Stephen L. Johnson
Country Estates Investment, Inc.
(d/b/a Colony Cove Mobile Home
Park)
88-03495-01/02 CR
(W.D. Mo.)
Facts: Country Estates Investment, Inc. owns Colony Cove Mobile
Home Park in Springfield, Missouri. Stephen L. Johnson was
president of Country Estates Investments, Inc. Wastewater generated
by the mobile home park was treated in a lagoon on the premises. When
the Missouri Department of Natural Resources issued a wastewater
discharge permit, a provision stated that when sewer lines of the City of
Springfield were available that the mobile home park's wastewater
collection system would have to be connected.
12/20/88: A grand jury returned a one-count indictment against
Stephen Johnson and Country Estates Investment, Inc. charging each
with knowingly discharging pollutants from a point source into
navigable waters of the United States without obtaining an NPDES
permit in violation of the Clean Water Act, Sees. 301(a) and 309(c)(2)
[33 U.S.C. §§ 1311(a) and 1319(c)(2)].
01/03/89: Defendant Johnson and the company both pled guilty to one
count charged in the indictment.
03/31/89: The company was sentenced to pay a $35,000 fine and $200 to
the Crime Victim's Fund. Johnson was sentenced to pay a $2,500 fine
and $25 to the Crime Victim's Fund, serve five months imprisonment,
and one year probation.
-------
12/19/89 - 98
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
The Bill L. Walters Companies
88-CR-375
(D. Colo.)
Facts: The Bill Walters Cos. was the developer behind the Gallena
Project, a defunct plan to build a large shopping mall in Denver,
Colorado.
12/22/88: The company was charged in an information with one count
of willfully discharging fill material into a wetland without a permit,
in violation of the CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a)
and 1319(c)(l)].
On the same day, the company pled guilty to the count charged.
02/07/89: The company was sentenced to pay a $15,000 fine.
Gregory Boone
Michael D'Avocato
Alex Feinman
88-543
(E.D. Pa.)
Facts: Feinman entered into contracts for HMC Recycling Corp. Boone
and D'Avocato were truck drivers for HMC Recycling Corp., located in
Philadelphia, Pennsylvania. The company was in the business of
scrap metal recycling, demolition, and asbestos removal. D'Avocato
was arrested on January 26, 1989. Boone was arrested on February 12,
1989 and again on March 28,1989.
12/29/88: Defendants D'Avocato, Boone, and Feinman were indicted in
a five-count indictment. They were each charged with the following:
One count of conspiracy, in violation of 18 U.S.C. § 371
Two counts of knowingly disposing asbestos in an unpermitted
facility in violation of the Clean Air Act, Sees. 112(c)(l)(B) and (e),
and 113(c)(l)C) [42 U.S.C. §§ 7412(c)(l)(B), 7412(e), and 7413
(cXlXC)]
Two counts for failure to notify of a release of a hazardous
substance, in violation of CERCLA Sees. 102(b) and 103(b)(3) [42
U.S.C. §§ 9602(b) and 9603(b)(3)].
01/20/89: Alex Feinman entered a guilty plea to one count of conspiracy
(18 U.S.C. §371) and the remaining counts against him were
dismissed. The other defendants remain charged.
04/24/89: Boone pled guilty to two counts of violating the CAA.
04/28/89: D'Avocato was acquitted on all five counts after a trial.
05/12/89: Feinman was sentenced to one year imprisonment.
06/16/89: Boone was sentenced to serve one year imprisonment, and
five years probation.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 - 99
Defendant(s)/Docket No /Court
Facts and Status
Robert McKiel
Scott McKiel
John Shepardson
David Boldt
89-29-N
(D. Mass.)
Facts: Astro Circuit Corporation owned and operated an electroplating
facility located in Lowell, Massachusetts. Astro Circuit Corp
employed:
Robert McKiel as President of Astro Circuit,
Scott McKiel as Vice President,
John Shepardson as Waste Treatment Consultant, and
David Boldt as Chemical Process Engineering Manager
The facility discharged wastewaters into the City of Lowell's
wastewater treatment plant, which discharges into the Merrimack
River. Other wastewater was discharged from the Lowell facility
directly into River Meadow Brook, a tributary of the Concord River,
which is a tributary of Merrimack River. Astro Circuit's Lowell plant
manufactured printed circuit boards. The wastewater, generated by
Astro Circuit's industrial processes, contained toxic metals such as
copper, lead, and nickel.
01/31/89: A 52-count indictment was filed charging:
Willful and negligent discharge of pollutants (toxic metals) from
point sources, pipes, into a navigable water of the U S., the River
Meadow Brook, a tributary of the Merrimack River, without an
NPDES permit, in violation of the CWA, Sees. 301(a) and 309(c)(l)
[33 U.S.C. §§ 1311(a) and 1319(c)(l)]: Robert - ten counts, and
Shepardson - three counts;
Knowingly discharging pollutants from a point source into
navigable water of the U.S., without a permit, in violation of the
CWA, Sees. 301(a) and 309(c)(2) [33 U.S.C. §§ 1311(a) and
1319(c)(2)]: Robert - six counts, Scott - six counts;
Willful and negligent discharge of pollutants (wastewaters) into a
publicly owned treatment works (POTW) in violation of
pretreatment standards and the CWA, Sec. 307(b) and (d), and
309(c)(l) [33 U.S.C. §§ 1317(b) and (d), and 1319(c)(l)]: Robert - eight
counts, Scott - one count;
Knowingly discharging of pollutants (wastewaters), into a POTW,
in violation of pretreatment standards and the CWA, Sees. 307(b)
and (d), and 309(c)(2) [33 U.S.C. §§ 1317(b) and (d), and 1319(c)(2)].
Both Robert and Scott - twenty-three (23) counts, and Boldt • fourteen
counts;
Knowingly storing listed hazardous wastes (wastewater treatment
sludges), for a period longer than 90 days without a permit or
interim status, in violation of RCRA, Sees. 3005 and 3008(d)(2)(A)
[42 U.S.C. §§ 6925 and 6928(d)(2)(A)]: Robert - four counts and Scott •
one count.
-------
12/19/89 - 100
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Robert McKiel, et al.
(cent, from previous page)
05/04/89: Defendant Shepardson entered a guilty plea to one count of
violating the CWA, Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 130 l(a) and
1319(c)(l)]. He was sentenced on the same day to serve six months
probation, and to pay $25 to the Crime Victim's Fund.
05/12/89: Defendants Robert and Scott McKiel entered guilty pleas to the
following counts:
Both Robert and Scott to three counts of violating the CWA, Sees.
301(a) and 309(c)(2) [33 U.S.C. §§ 1311(a) and 1319(c)(2)];
Both Robert and Scott McKiel to eight counts of violating the CWA,
Sees. 307(b) and (d), and 309(c)(2) [33 U.S.C. §§ 1317(b) and (d), and
Robert to one count of violating RCRA, Sees. 3005 and 3008(d)(2)(A)
[42 U.S.C. §§ 6925 and 6928(d)(2)(A)].
06/29/89: Defendants Robert and Scott McKiel were sentenced as
follows:
Robert: to serve one year imprisonment (all but four months
suspended), serve two years probation, and pay $600 to the Crime
Victim's Fund.
Scott: to serve nine months imprisonment (all but three months
suspended), serve two years probation, and pay $500 to the Crime
Victim's Fund.
William W. Windham
CR-1-89-00001
(N.D. Tex.)
Facts: William Windham was Superintendent of Utilities for the City
of Big Spring, Texas Sewage Treatment facility.
02/10/89: Defendant Windham was charged by an information filed
with five counts of making false statements on Discharge Monitoring
Reports (DMRs) in which the defendant stated that the discharges from
the Big Spring Waste Water facility were in compliance with NPDES
permit in violation of the CWA, Sec. 309(c)(2) [33 U.S.C. § 1319(c)(2)].
09/13/89: A federal district court jury found the defendant guilty of all
counts charged in the information. No sentencing date scheduled.
A-l Disposal Corporation
Richard D. Shumaker
G-89-32
(W.D. Mich.)
Facts: A-l Disposal Corp. was engaged in the business of generating,
transporting, treating, storing, and disposing of industrial waste,
including hazardous waste. Richard Shumaker is president of A-l
Disposal Corp. The company is located in Plamwell, Michigan.
02/15/89: A four-count indictment was filed charging the company and
Shumaker with the following:
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 - 101
Defendant(s)/Docket NoVCourt
Facts and Status
A-l Disposal Corporation
Richard D. Shumaker
(cont. from previous page)
One count of making a false statement in violation of 18
U.S.C. § 1001;
One count of knowingly transporting hazardous waste to an
unpermitted facility in violation of RCRA, Sec. 3008(d)(l)
[42 U.S.C. § 6928(d)(l)];
One count of making false statements and knowingly omitting
material information by painting over or removing hazardous
waste labels in violation of RCRA, Sec. 3008(d)(3) [42 U.S.C
§ 6928(d)(3)]; and
One count of knowingly transporting hazardous wastes without a
manifest, in violation of RCRA, Sec. 3008(d)(5) [42 U.S.C.
§ 6928(d)(5)].
04/21/89: Both defendants entered a plea agreement and pled guilty to
one count of violating RCRA, Sec. 3008(d)(l) [42 U.S.C. § 6928(d)(l)].
All the other counts were dismissed.
07/31/89: Both defendants sentenced jointly to pay a $200,000 fine, pay
the generators $90,000 restitution, pay $11,202 in restitution to Michigan
Department of Natural Resources, serve three years probation, and pay
$200 to the Crime Victim's Fund.
General Wood Preserving Co., Inc.
89-6-CR-7
(E.D.N.C.)
Facts: General Wood Preserving owns and operates one of the largest
wood treating operations in North Carolina. The company
manufactures such products as wooden utility poles. The plant is
located in Leland, North Carolina.
02/15/89: The company waived indictment and pled guilty to an
information charging General Wood Preserving Company with one
count of knowingly disposing hazardous wastes, namely arsenic,
chromium, creosote, and pentachlorophenol, without a permit in
violation of RCRA, Sec. 3008 (d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
On the same day, the company was sentenced and ordered to pay a
$150,000 fine (less $50,000), pay administrative penalties assessed by the
North Carolina Department of Human Resources, placed on three years
probation, assessed $200 for the Crime Victim's Fund, and ordered to
publish apologies in local newspapers.
Bridgeport Wrecking Company, Inc.
Thomas Capozziello
N-89-12-WWE
(D. Conn.)
Facts: Capozziello was president, treasurer, and chief operating officer
of Bridgeport Wrecking Co., Inc. Bridgeport Wrecking Co. was in
charge of the demolition of Knudsen Dairy, which was located in a
residential area in North Haven, Connecticut.
03/01/89: A four-count indictment was filed charging both Capozziello
and the company with:
-------
12/19/89 -102
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Bridgeport Wrecking Company, Inc.,
etal.
(cont. from previous page)
One count of knowingly emitting an air pollutant (friable asbestos)
from a stationary source, and doing so without providing notice to
EPA, in violation of the Clean Air Act, Sec. 112(c)(l)(B) and (e)(5),
and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B) and (e)(5), and
7413(c)(l)(C)], and 40 CFR § 61.146; and
Three counts of knowingly emitting air pollutants (asbestos) from a
stationary source and in doing so without:
First removing the friable asbestos materials before demolition
in violation of the CAA (see same citations as charged in CAA
count above); and Title 40 Code of Federal Regulations,
Sec. 61.147(a);
Adequately wetting the friable asbestos materials when they
were being removed, in violation of the CAA (see same citations
as charged in CAA count above), and 40 CFR § 61.147(c); and
Adequately wetting the friable asbestos materials to ensure that
they remain wet until they were collected for disposal, in
violation of the CAA (see same citations as charged in CAA
count above) and 40 CFR § 61.147(e)(l).
Vanderbilt Chemical Corp.
N-89-16
Henry Baer
N-89-15
(D. Conn.)
Facts: Vanderbilt Chemical Corp. manufactures chemical products at
an industrial site located in Bethel, Connecticut. The company has
owned and operated that site since 1948. Henry Baer was plant
manager of the Bethel facility from 1978 to 1986, and was vice president
from 1981 to 1986. His duties included overseeing the lawful disposal of
chemical waste materials generated at the site.
03/08/89: The company and Baer each waived indictment and pled
guilty to the following counts charged by an information:
The company was charged with two counts of making false
statements in violation of 18 U.S.C. § 1001; and with one count of
knowingly disposing of hazardous waste (sulphuric acid) without a
permit in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C.
§ 6928(d)(2)(A)].
Defendant Baer was charged with one count of making a false
statement in violation of 18 U.S.C. § 1001.
05/31/89: Defendant Baer was sentenced to pay a $10,000 fine, serve
three years imprisonment (all suspended), placed on three years
probation, perform 300 hours community service, and pay $50 to the
Crime Victim's Fund.
06/02/89: The corporation was sentenced to pay a $1,050,000 fine
($500,000 suspended), $500,000 in restitution to the State of Connecticut,
serve two years probation, and pay $400 to the Crime Victim's Fund.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 -103
Defendant(s)/Docket No /Court
Facts and Status
Lawrence Ostler
CR89-107W
(W.D Wash.)
Olympus Terrace STP
CR-89-111W
(W.D. Wash.)
Facts: Lawrence Ostler was superintendent of the Olympus Terrace
Sewage Treatment Plant (STP), and Assistant District Manager of the
Olympus Terrace Sewer District. Ostler was responsible for the
operations of the plant, located in Mukilteo, Washington.
04/05/89: An information was filed charging Ostler with one count of
willfully discharging pollutants from a point source into Puget Sound, a
navigable water of the United States, without having obtained an
NPDES permit, in violation of the Clean Water Act, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
04/14/89: Defendant Ostler pled guilty to the count as charged in the
information.
07/25/89: Ostler was sentenced to pay a fine of $5,000, placed on three
years probation, and perform 250 hours of community service.
Facts: Olympus Terrace STP is located in Mukilteo, Washington near
Puget Sound.
04/13/89: An information was filed charging Olympus Terrace STP
with two counts of willfully discharging pollutants into navigable
waters of the U.S. without an NPDES permit, in violation of the CWA,
Sees. 301(a) and 309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
04/19/89: The company pled guilty to two counts as charged in the
information.
06/23/89: The company was sentenced to pay a fine of $25,000 and placed
on probation for three years.
Valmont Industries, Inc.
Jack R. Hawk
Duane Prorok
CR-89-048
(D. Neb.)
Facts: Valmont Industries operated a facility in Valley, Nebraska
which manufactured steel products such as light poles and irrigation
systems. Jack Hawk was an employee of Valmont Industries, and was
responsible for environmental compliance at the facility. Duane
Prorok was also employed by Valmont and was manager of the
wastewater treatment plant which treated galvanizing wastewater.
04/10/89: The defendants waived indictment and a three-count
information was filed charging:
Valmont Industries with two counts of making a false statement in
a DMR and knowingly rendering a monitoring method inaccurate
in violation of the CWA, Sec. 309(c)(4) [33 U.S.C. § 1319(c)(4)]
Jack Hawk with one count of making a false statement on a DMR in
violation of the CWA, Sec. 309(c)(4) [33 U.S.C. § 1319(c)(4)].
-------
12/19/89 - 104
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket NoVCourt
Facts and Status
Valmont Industries, Inc , et al.
(cont. from previous page)
Duane Prorok with one count of knowingly rendering a monitoring
device inaccurate, in violation of the CWA, Sec. 309(c)(4) [33 U S C.
§ 1319(c)(4)].
On the same day (04/10/89), each defendant pled guilty to all counts
charged to them in the information.
06/26/89: Valmont Industries was sentenced to pay a fine of $450,000 (all
but $150,000 suspended conditional to terms of having no other
environmental violations), a public apology to be published in the
Omaha World Herald, pay court costs of $70 and $100 to the Crime
Victim's Fund.
Defendant Prorok was also sentenced to pay a fine of $500, and court
costs of $35, to serve two years probation, and pay $25 to the Crime
Victim's Fund.
06/29/89: Defendant Hawk was sentenced to pay a fine of $1,000, court
costs of $70, $50 to the Crime Victim's Fund, and serve one year
probation.
Pollution Control Industries of
America, Inc.
Kevin P. Prunsky
HCR-89-24
(N.D. Ind.)
Facts: Pollution Control Industries of America Inc. (hereinafter
"P.C.I.A.") was authorized by having RCRA interim status to
transport, treat, and store hazardous waste. Kevin P. Prunsky was the
president of P.C.I.A. The corporation did business in Indiana and
Illinois. The business was based in Chicago, Illinois.
04/11/89: On the same day, defendants P.C.I.A. and Prunsky were
charged by an information filed and also signed petitions to "Enter A
Plea of Guilty." Both defendants were charged with two counts of
making false statements regarding the transportation and disposal of
hazardous wastes from a bankrupt steel mill in Chicago to a site in
Winona, Texas. The false statements were made in violation of 18
U.S.C. § 1001.
Both defendants entered guilty pleas to each count charged to them
06/23/89: Defendant Prunsky was sentenced to pay a $100 fine and
serve four years probation, perform 500 hours of community service,
and pay $100 to the Crime Victim's Fund. The corporation was
sentenced to pay a $200,000 fine (all but $50,000 suspended), serve five
years probation, and pay $400 to the Crime Victim's Fund. Both
defendants are required by terms of their probation, to jointly pay
$53,888.94 in restitution to the United States of America.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 -105
Defendant(s)/Docket No /Court
Facts and Status
Sherman Smith
CR-89-205S
(W.D. Wash.)
Facts: Sherman Smith operates vessels and owns the Seawall
Construction Company, on Vashon Island, Washington. The company
constructs bulkheads and seawalls.
04/12/89: Smith was charged by a criminal complaint with one count of
knowingly and negligently discharging pollutants from a point source
(a vessel), into a navigable waterway (Puget Sound) without having
obtained an NPDES permit, in violation of the CWA, Sees. 301(a) and
309(c)(D(A), (c)(2)(A) [33 U.S.C. §§ 1311(a) and 1319(c)(l)(A), (c)(2)(A)],
and one count of discharging refuse (oily wastewaters from vessel
bilges), from a vessel into Puget Sound, without having obtained a
permit, in violation of the Rivers and Harbors Appropriations Act,
Sees. 13 and 16 [33 U.S.C. §§ 407 and 411].
08/18/89: Defendant Smith entered a guilty plea to one count of violating
the Rivers and Harbors Appropriations Act of 1899, Sees. 13 and 16 [33
U.S.C. §§407 and 411].
10/13/89: Sentencing continued until November 3, 1989.
Plaza Health Laboratories, Inc.
Geronimo Villegas
CR-89-00338
(E.D.N.Y.)
Facts: Plaza Health Laboratories, Inc. ("Plaza") is a medical lab
located in Brooklyn, New York. It is engaged in the examination of
specimens for the diagnosis and treatment of human diseases.
Geronimo Villegas is the vice president of the company.
05/17/89: The company and Geronimo Villegas were both charged in an
indictment with the following:
One count of knowingly discharging pollutants (51 vials of human
blood, bearing identification numbers) from a point source into
navigable water of the U.S., namely the Hudson River and New
York Bay, without a permit and in violation of the CWA, Sees.
301(a) and 309(cX2) [33 U.S.C. §§ 1311(a) and 1319(c)(2)]; and
One count of knowingly discharging pollutants (51 glass vials
containing human blood infected with the hepatitis virus), from a
point source into navigable waters of the U.S. and thereby placing
another person in imminent danger of death or serious bodily
injury, in violation of the CWA, Sees. 301(a) and 309(c)(3) [33
U.S.C. §§ 131 l(a) and 1319(c)(3)].
-------
12/19/89 -106
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
NIBCO, Inc.
89-CR-164
(D Colo)
Facts: NIBCO, Inc. is a corporation licensed to do business in the State
of Colorado.
05/26/89: The corporation waived indictment and entered a not guilty
plea to an information charging the corporation with one count of
knowingly storing a listed hazardous waste (1,1,1-trichloroethane, a
spent halogenated solvent) without a permit, in violation of RCRA, Sec
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
06/28/89: The corporation changed its original plea to guilty, to the count
charged in the information.
07/28/89: The corporation was sentenced to pay a $10,000 fine.
Sellen Construction Co., Inc.
Gary Rager
CR-89-162-W
(W.D. Wash.)
Facts: Sellen Construction Co., Inc. is a corporation headquartered in
Seattle, Washington. The corporation was engaged in the business of
construction and remodeling the Fisher Flour Mills facility located
near and partially over the Duwamish River. The Duwamish River is
a waterway leading into Elliott Bay, Seattle, and then into Puget Sound.
Gary Rager was the on-site superintendent.
05/30/89: An information was filed charging the corporation and Rager
with the following:
The corporation and Rager with two counts of negligently
discharging pollutants from a point source into a navigable water of
the U.S., without an NPDES permit and in violation of the CWA,
Sees. 301(a) and 309(c)(l)(A) [33 U.S.C. §§ 1311(a) and 1319
On the same day, the corporation entered a plea of guilty to both
counts.
06/02/89: Defendant Rager entered a plea of guilty to both counts.
06/12/89: Sellen Construction was sentenced to pay a $100,000 fine (all
suspended), serve six months probation, and pay $50,000 to an
Environmental Trust Fund, which the Seattle YMCA is the trustee and
will use the fund: to purchase and modify a hazardous waste collection
facility, to help expand the household hazardous waste collection
program, and to expand that collection program to include collection of
hazardous wastes generated by small business.
09/27/89: Rager was sentenced to pay a fine of $1,000, serve three years
probation, and perform 200 hours of community service.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 -107
Defendant(s)/Docket No /Court
Facts and Status
Finishing Corp. of America, Inc.
John W. Rutana
Richard J Fiormi
John C. Barnes
89-CR-0158
(N.D. Ohio)
Facts: John Rutana, Richard Fiorini, and John Barnes are owners in
Finishing Corp. of America, Inc. John Rutana was the corporation's
president; John Barnes was the plant manager, and Richard Fiormi
was the Secretary-Treasurer while holding the position of Health
Commissioner for the City of Campbell, Ohio. The corporation was
engaged in the business of anodizing aluminum, a process in which
metallic surfaces are electrolytically coated with a protective oxide.
05/31/89: A forty (40) count indictment was filed charging the
defendants with the following counts:
Corporation, Rutana, and Barnes with 18 counts each of knowingly
discharging pollutants into a POTW in violation of pretreatment
standards and the CWA, Sees. 307(d) and 309(c)(2)(A) [33 U.S.C
§§ 1317(d) and 1319(c)(2)(A)];
Corporation, Rutana, and Barnes with two counts each of knowingly
discharging pollutants into a POTW and thereby knowingly
placing the workers at the POTW in imminent danger of death or
serious injury, in violation of the CWA, Sees. 307(d) and 309(c)(l)
[33 U.S.C. §§ 1317(d) and 1319(cX3)];
Fiorini with 18 counts of negligent discharge of pollutants into a
POTW in violation of pretreatment standards and the CWA, Sees.
307(d) and 309(c)(l) [33 U.S.C. §§ 1317(d) and 1319(c)(l)]; and
Rutana with two counts of making false statements in violation of
18 U.S.C. § 1001.
09/28/89: Fiorini pled guilty to 18 counts and Barnes pled guilty to 17
counts (charged in a superseding information) of the the same
violations of negligent discharges into a POTW in violation of
pretreatment standards for acidity and the CWA, Sec. 309(c)(l)(A) [33
U.S.C. § 1319(c)(l)(A)].
Wells Metal Finishing, Inc.
John Wells
CR89-0144-N
(D. Mass.)
Facts: John Wells is president and sole owner of Wells Metal
Finishing Incorporated, which has a facility located in Lowell,
Massachusetts. The company is engaged in the business of plating
metals, such as chromium and zinc, onto computer components.
06/01/89: The company and Wells were each charged in an indictment
filed charging them with 19 counts of knowingly discharging
pollutants (wastewaters) from the facility into the City of Lowell POTW,
which in turn discharges into the Merrimack River, in violation of
pretreatment standards and the CWA, Sees. 307(b) and (d), and
309(c)(2)(A) [33 U.S.C. §§ 1317(b) and (d), and 1319(c)(2)(A)], and 40
CFR Sec. 433.17.
-------
12/19/89 -108
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Charles A. Donahoo, Jr.
d/b/a Charlie Wrecking
CR89-00057-01-L(J)
(W D. Ky )
Facts: Charles A Donahoo, Jr., d/b/a Charlie Wrecking, was in the
business of wrecking and demolition in Jefferson County, Kentucky.
Donahoo's company contracted with Tuscarora Plastics to demolish a
building on their property located in Louisville, Kentucky.
06/05/89: Charles Donahoo, Jr. d/b/a Charlie Wrecking was charged in
a five-count indictment with the following counts:
Two counts of knowingly removing and causing the emissions
from a stationary friable asbestos in violation of standards for
asbestos removal in violation of CAA Sees. 112(c) and (e), and 113(c)
[42 U.S.C. §§ 7412(c) and (e), and 7413(c)]; and
Two counts of failing to immediately report the release of a
hazardous substance, in violation of C ERG LA, Sec. 103(b) [42 U.S.C.
§ 9603(b)]; and
One count of making false statements, in violation of 18 U.S.C.
§1001.
09/28/89: After a jury trial, the jury found the defendant guilty on one
count of violating the CAA and one count of violating CERCLA.
A&A Land Development
Angelo Paccione
Vulpis Brothers, Ltd.
August Recycling, Inc.
New York Environmental
Contractors, Inc.
National Carting, Inc.
Stage Carting, Inc.
Anthony Vulpis
Fred E. Weiss
W&W Properties
Rosedale Carting, Inc.
89-446
(S.D.N.Y.)
Facts: Paccione and Vulpis were partners in A&A Land Development
(hereinafter "A&A") with offices located in Staten Island, New York.
Paccione was also president and majority stockholder of August Recy-
cling, Inc. (hereinafter "August Recycling"), New York Environmen-
tal Contractors, Inc. (hereinafter "N.Y. Environmental"), National
Carting, Inc., and Stage Carting, Inc. (hereinafter "National/Stage").
August Recycling, N.Y. Environmental, and National/Stage were
corporations engaged in the business of the collection, transportation,
transfer, and disposal of waste materials, including construction
debris, garbage, and medical waste. Their offices are located in
Brooklyn, New York.
Vulpis is the secretary-treasurer and owns half of all stock of Rosedale
Carting, Inc. (hereinafter "Rosedale"), the president of Vulpis
Brothers, Ltd. (hereinafter "Vulpis Bros.") and a principal in N.Y.
Environmental. Rosedale and Vulpis Bros, are corporations also
engaged in the business of collection, transportation, and disposal of
waste, including asbestos and medical waste. Their offices are located
in Brooklyn, New York.
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89 • 109
Defendant(s)/Docket No./Court
Facts and Status
A&A Land Development, et al.
(cont. from previous page)
Weiss is a partner of W&W Properties (hereinafter "W&W"), and
also a real estate broker licensed by the State of New York. W&W is a
partnership engaged in the business of the sale and development of
commercial and residential real estate and has offices in Staten
Island, New York.
Individuals Paccione, Vulpis, and Weiss and their affiliated
partnerships and corporations: A&A, W&W, August Recycling,
National/Stage, Rosedale, and Vulpis Bros, participated in the conduct
of an enterprise by opening and operating a landfill, which accepted for
disposal construction debris, trash, asbestos, and medical waste.
06/19/89: The following list of companies and individuals were
charged in an indictment:
Vulpis Bros., Rosedale, N.Y. Environmental, National/ Stage,
August Recycling, W&W, A&A, Fred E. Weiss, Anthony Vulpis,
and Angelo Paccione:
Each was charged with the following counts:
Two counts of racketeering under the RICO statute, in violation
of 18 U.S.C. §§ 1962(d) and 1963; and
Six counts of mail fraud by unlawfully, willfully, and
knowingly for the purpose of fraud by mailing letters, invoices,
and permits through the U.S. mail, in violation of 18 U.S.C.
§ 1341.
The Grand Jury charges were brought in connection with the
defendants constituting an "enterprise" consisting of a group of
individuals and corporations ("co-racketeers") associated in fact,
although not a legal entity, which enterprise was engaged in and the
activities of which affected interstate commerce (under RICO, 18
U.S.C. § 1961).
Furthermore, the indictment charged that the purpose of the
enterprise was to enrich the individual defendants and their
corporations through the operation of an illegal landfill, including
the disposal of waste materials in violation of Federal, State, and
local law.
-------
12/19/89 - 110
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket NoVCourt
Facts and Status
Gary L. Powell
Harry G. Stafford
CR-89-00151-01-02
(N.D W.Va.)
Facts: Gary Powell was president of Marion Engineering Co., Inc.
Harry Stafford was a partner of Goodwin/Stafford and Co. Both
companies are located in West Virginia.
06/22/89: An information was filed charging each defendant with one
count of conspiracy (18 U.S.C. § 371) and one count of knowingly and
willfully failing to mark PCB containers, in violation of TSCA, Sees.
15(l)(c) and 16(b) [15 U.S.C. §§ 2614(l)(c) and 2615(b)], and 40 CFR Sees.
761.40(a)(l) and 761.45(a) promulgated under TSCA, Sec. 4(e) [15 U.S C
§ 2605(e)].
07/07/89: Defendant Stafford entered into a plea agreement and pled
guilty to both counts charged against him.
Ballard Shipping Co.
lakovos Georgoudis
89-0121M(T)
(D.R.I.)
Facts: lakovos Georgoudis was the captain of an oil tanker, M/T World
Prodigy, from which spilled 420,000 gallons of light heating oil into the
mouth of the Narragansett Bay. Ballard Shipping Co. is a Liberian-
registered shipping firm that owned the M/T World Prodigy.
06/28/89: Captain Georgoudis was arrested by the FBI and arraigned
and charged by a criminal complaint the same day. Georgoudis was
charged with one count of negligent discharge of pollutants into
navigable waters of the U.S., in violation of the CWA, Sees. 301(a) and
309(c)(l) [33 U.S.C. §§ 1311(a) and 1319(c)(l)].
08/16/89: Defendant Captain Georgoudis pled guilty to the one count
charged in the complaint. On the same day, the Ballard Shipping
Company was charged with the same count as Captain Georgoudis. The
company pled guilty to that count on the same day.
09/29/89: Defendant Georgoudis was sentenced to pay a $10,000 fine.
The company was sentenced to pay a $1,000,000 fine (all but $500,000
suspended).
Marine Shale Processors, Inc.
CR89-60041-01
(W.D. La.)
Facts: Marine Shale Processors, Inc. (hereinafter "Marine Shale"), is
a corporation, incorporated in Louisiana, which operates a facility in
Amelia, Louisiana. The facility is located adjacent to Bayou Boeuf, a
part of the Gulf Intercostal Waterway. The corporation engaged in the
business of accepting industrial and hazardous wastes for incineration
in a rotary kiln.
07/24/89: The corporation waived indictment, entered a guilty plea to
three counts charged in a Bill of Information filed the same day. The
information charged the corporation with the following:
One count of knowing storage of hazardous wastes, bottom sediment
sludge from the treatment of wastewaters from wood preserving
facilities using creosote and/or pentachlorophenol, without a permit
in violation of RCRA, Sec. 3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)J;
-------
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
12/19/89-111
Defendant(s)/Docket No /Court
Facts and Status
Marine Shale Processors, Inc.
(cont. from previous page)
One count of discharging and depositing refuse, including
contaminated run-off water, waste chemicals, and material
resulting from incineration of hazardous and other industrial
wastes, into a navigable water of the U.S., Bayou Boeuf, without a
permit, in violation of the RHAA (Refuse Act), Sees. 13 and 16 [33
U.S.C. §§ 407 and 411]; and
One count of creating and maintaining an obstruction to the
navagability of the Bayou Boeuf, without authorization, by sinking a
barge in the water of Bayou Boeuf and filling it with material from
the incineration of hazardous and industrial wastes, in violation of
the Rivers and Harbors Appropriations Act of 1899, Sees. 10 and 12
[33 U.S.C. §§ 403 and 406].
09/18/89: Marine Shale was sentenced to pay a fine of $1,000,000 (to be
paid in ten monthly installments).
Jerold Gershon
d/b/a Chemical Commodities, Inc.
89-20074-01
(D. Kan.)
Facts: Jerold Gershon owns and operates Chemical Commodities, Inc.
located in Olathe, Kansas and is engaged in the business of chemical
brokering. In December 1988, a truck containing hazardous waste
caught fire, triggering the evacuation of residents from a Kansas City
neighborhood.
09/14/89: An indictment was filed charging the defendant with the
following counts:
One count of knowingly treating and disposing of hazardous waste
(methyl bromide), without a permit, in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)j;
One count of knowing transporting hazardous waste without a
manifest, in violation of RCRA, Sec. 3008(d)(5) [42 U.S.C
§ 6928(d)(5)]; and
One count of knowing endangerment of three employees by
unlawful disposal of hazardous waste (methyl bromide), in
violation of RCRA, Sec. 3008(e) [42 U.S.C. § 6928(e)].
Cuyahoga Wrecking Corp.
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
4-89-CR-0281
(N.D. Ohio)
Facts: Cuyahoga Wrecking Corporation is a demolition and salvage
company incorporated in New York with a branch office in Cleveland,
Ohio. The corporation purchased various structures from LTV Steel
Company, located at a site in Campbell, Ohio. Cuyahoga then
demolished these structures. Buckley was in charge of the demolition
from May 1985 through December 1986. Button supervised the
demolition of the site from February 1985 through December 1986.
Salvati supervised the demolition at the site from September 1985
through December 1986.
-------
12/19/89-112
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1989
Defendant(s)/Docket No /Court
Facts and Status
Cuyahoga Wrecking Corp.
(cont. from previous page)
09/21/89: An indictment was filed charging the defendants with the
following counts:
Each individual with one count of conspiracy, in violation of 18
U.S.C. §371;
The corporation, Button, and Buckley with four counts each, and
Salvati with three counts of demolishing structures in violation of
emission standards for asbestos, and the regulations governing
removal of asbestos, in violation of the CAA, Sees. 112(c)(l)(B) and
(e)(5) and 113(c)(l)(C) [42 U.S.C. §§ 7412(c)(l)(B) and (e)(5), and
7413(c)(l)(C)]; and
The corporation, Button, and Buckley with two counts each, and
Salvati with one count of failure to notify of the release of a
reportable quantity of a hazardous substance (asbestos), in violation
of CERCLA, Sec. 103(b)(3) [42 U.S.C. § 9603(b)(3)].
Fisher RPM Electric Motors, Inc.
Rodney R. Fisher
CR89-234-1
(D. Or.)
Facts: Rodney Ray Fisher owns and operates Fisher RPM Electric
Motors, Inc., which is engaged in the business of cleaning and
refurbishing motor engines. The business is located in Albany,
Oregon.
09/27/89: Defendants Rodney Fisher and his company Fisher RPM
Electric Motors were each charged by an indictment with the following
counts:
Two counts of knowingly discharging pollutants into a navigable
water of the U.S. without a permit, in violation of the CWA, Sec
307(a) and 309(c)(2)(A) [33 U.S.C. § 1317(a) and 1319(c)(2)(A)]; and
Three counts of knowing illegal storage, disposal, and treatment of
hazardous waste without a permit in violation of RCRA, Sec.
3008(d)(2)(A) [42 U.S.C. § 6928(d)(2)(A)].
-------
CROSS REFERENCE INDEX BY STATUTORY AUTHORITY AND
REGION
List of cases in order of the primary statutory authority and EPA region of
the case investigation.
-------
CROSS REFERENCE INDEX BY STATUTORY AUTHORITY AND REGION
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Resource Conservation and Recovery Act (RCRA) 42 U.S.C. §§6901-6991
PL 94-580
PL 96-482
PL 98-616
Emergency Planning and Community Right to Know Act 42 USC 11045
(EPCRA) PL 99-499
Hazardous Materials Transportation Act (HMTA) 49 USC §§1801-1813
PL 93-633
Case Name FY Page No.
Region I - RCRA
Charles Arcangelo 88 85
James Arcangelo
Antonio DeLucia (aka "Uncle Tony")
Frank DeFelice (aka "Frankie Boy")
Marco DeLucia (aka "Nutsie")
Dennis Champagne (aka "Red")
Roger Boisonneault
John Cappella
Robert Veltre
Nicholas Sciarra
Bruce Bieler
Robert E. Derecktor of Rhode Island, Inc. 86 48
151 East Post Road Corporation, Inc.
Robert E. Derecktor
A.C. Lawrence Leather Co., Inc. 83 2
Lawrence K. Barber
Francis E. Stone
Richard S. Johnson
Weymouth E. Marshall
Robert F. Goodspeed
Bernard Davis
William J. Pandozzi 88 73
Vanderbilt Chemical Corp. 89 102
Henry Baer
-------
Case Name FY Page No.
Region II - RCRA
Charles Colbert 86 39
Jack Colbert
Signo Trading International, Ltd.
SCI Equipment and Technology, Ltd.
David Carr (Ft. Drum) 88 77
Fried Industries, Inc. 85 29
Johnson & Towers, Inc. 83 6
Peter Angel
Jack W. Hopkins
Albert S. Tumin 87 63
Joseph Tietlebaum 87 58
Will & Baumer, Inc. 86 45
Howard J. Nybo
Frederick C. Kiesinger
Duane Simmons
Chase Interiors, Inc. 88 91
Kenneth Kaminski
Region III - RCRA
Robert Clements, Inc. 85 26
William Dee 88 87
Robert Lentz
Carl Gepp
Cuyahoga Wrecking Corp. 88 71
Ernest Martin's Junk Yard
Overland Corporation
Publicker, Industries
Samuel Runfola
Virgil Cummings
Ernest Martin
George Henry Garson 85 24
(Barrett Chemical Co.)
Lackawanna Refuse Removal, Inc. 83 1
Northeastern Land Development Co.
Peter lacavazzi
-------
Case Name FY Page No.
Region III - RCRA fcont.)
Quality Research Labs, Inc. 83 7
Michael Yaron
Barak Yaron
(Commercial Research Labs)
Forms, Inc. 88 91
Phillip F. Trembley
William E. Willey 89 97
Region IV - RCRA
ABC Compounding Company, Inc. 86 40
William S. Armistead
Vincent Armistead
Charles A. Donahoo, Jr. 89 108
d/b/a Charlie Wrecking
Arthur J. Greer 86 36
Everett 0. Harwell 86 38
Eugene Roy Baggett
(Southeastern Waste Treatment, Inc.)
James H. Hedrick 84 15
Teri, Lori, Chris, Inc. (TLC)
Alley-Cassetty Coal Company 85 16
Donald M. Draper 85 16
RAD Services, Inc. 86 17
Arthur Sciullo 86 17
George Gary 86 17
George Mills 84 22
Performance Advantage, Inc. 84 20
Lyndol Bolton
Hayes International Corp.
Ray Kelley
V.O. Abrams
David Smith
Norman F. Smith 86 36
-------
Case Name FY Page No.
Reion IV - RCRA
Spartan Trading Co. 88 80
John Biddle
John McDonald
Johnny Clark
Don A. Scruggs, Jr.
John H. Taylor, Jr.
Taylor Laboratories, Inc.
General Wood Preserving Co., Inc. 89 101
Region V - RCRA
Charles J. Berlin 86 35
Executive Advertising, Inc. 86 35
Thomas D. LaViolette
Roderick W. Reiser
John Van Hoesen 85 23
John Suerth
(QuVoe Chemical Industries, Inc.)
Laurence M. Welch 83 10
J. Welch & Sons, Inc.
(Barry Tool Supply)
William N. Bogas 89 95
A-l Disposal (Richard Shumaker) 89 100
Region VI - RCRA
Baytank (Houston), Inc. 87 68
Odfjell Westfal Larsen (USA), Inc.
Haavar Nordberg
Roy Johnson
R.C. Tercic
Larry Pipken, Jr.
Donald Gore
Theodor Vasset
Idar Remman
Tor Johansen
Helge Grotle
Hilmar Skar
Terje Nikoe
Magne Roedland
Bjoern Landoey
Vermund Gravdal
Bjorn Wikum
-------
Case Name FY Page No.
Region VI - RCRA (conU
Baytank (Houston), Inc.
Kjell Eriksen
Harald Jensen
Johan Seale
Ulf Aune
Shelton Erickson 88 88
Robert T. Kruse 88 72
Lee B. Grubbs
Carol K. Kisamore
Richard M. Mims 85 30
(Brass Mill Co.)
Region VII - RCRA
Arneson Timber Company, Inc. 86 44
Meryln Pollock 87 63
Commercial Metals Company, Inc. 88 90
(d/b/a Karchmer Iron and Metal Company)
Harold Belcher
James Vermillion
Jerold Gerhson 89 111
d/b/a Chemical Commodities, Inc.
Region VIII - RCRA
Denver Sanitary 87 59
Frank Giardino
Donald Hughes
Andrew Fedorowicz
Eagle Picher Industries, Inc. 86 39
Richard Brown
Frankel Manufacturing Company 85 29
Jay Hamburg 86 50
Neil Moser
(Metro Shop Supplies)
Keebler Corporation 86 43
-------
Case Name FY Page No.
Region VIII - RCRA fcont.)
Layton Brothers Drum Co., Inc. 85 28
Willie Frank Hines
Leigh Industries 87 60
Leigh-Denver Industries
Gabriel Demshar, Jr.
John Michael Nelson 86 45
NIBCO, Inc. 89 106
Protex Industries, Inc. 87 61
Donald J. Wilson
Charles Vesta Hyatt
Region IX - RCRA
Chem-Wood Treatment Co., Inc. 88 83
Erie Kitagawa
Barrel A. Duisen 86 44
George W. Shearer
Glen D. Faulks
Rogelio Marin-Sagristo
U.S. Technology and Disposal Service, Inc.
Tratamientos Petroquimilos
Mexicanos S. A. de C. V.
Guillermo Marin-Orosco
Frontier Fertilizer Company 86 42
B&R Company of Davis
Dennis Kidwell
Neville Chemical Company 86 41
Region X - RCRA
Robert K. Blackstone 86 41
Wendall Wayne Johnson
Fisher RPM Electric Motors, Inc. 89 112
Rodney R. Fisher
Peter Hedegard 86 37
Eric Myers
Janco United, Inc.
Douglas G. Hoflin 86 32
(City of Ocean Shores)
-------
Case Name FY Page No.
Region X - RCRA fcnntl
Chorine Kasema Mackenzie Nzau 88 94
(a/k/a Kasema Mackenzie)
Pacific Hide & Fur Depot, Inc. 84 12
William Knick
Jerry Graham
Richard A. Taggert 85 26
Keith Egan
(Evans Transportation Company)
Daniel Lee Turner 87 53
NEIC - RCRA
Eason & Smith Enterprises, Inc.
Jere N. Ellis
88
87
78
63
James Floyd
(Solid and Liquid Waste Disposal Company of
Dyersburg, TN)
Jack E. White, 87 54
Brownie McBride
Jerry Findley
Henry White
Welco Plating, Inc. 88 77
J. C. Collins, Jr
-------
CLEAN AIR ACT (CAA)
Clean Air Act (CAA) 42 USC §§7401-7642
PL 91-604
PL 93-319
PL 95-95
PL 95-190
Case Name FY Page No.
Region I - CAA
Peter Vileisis, Jr. 85 29
Maurice Fabian
Waterbury House Wrecking Co., Inc.
Bridgeport Wrecking Co., Inc. 89 101
Region II - CAA
DAR Construction, Inc. 88 75
Maurice Dieyette
Hope Resource Recovery, Inc. 86 51
Region III - CAA
Alan M. Franko 86 35
(AMF Insulation Co.)
Irwin Pearlman 87 53
Salvatore C. Williams
Gregory Boone 89 98
Michael D'Avocato
Alex Feinman
Cuyahoga Wrecking Corporation 89 111
Paul J. Buckley
Lawrence J. Button
Richard W. Salvati
Region VI - CAA
Norbert E. Gall 86 31
Dennis R Alston
Phillip A. Williams
Brigitte G. Laurus
Freddie L. Fincher, Sr.
Donald L. Fincher
Edward F. Wiatt
(Fred Fincher Motors, Inc.)
Lee S. Woodside 88 89
Gary A. Masson
-------
Case Name FY Page No.
Region VII - CAA
John Meyer 87 59
Region VIII - CAA
James B. Hellman 88 92
Joel H. Lederman
Barry A. Seldin
William F. Smith
Region DC - CAA
Custom Engineering, Inc. 86 49
Billy Closson
Roger Scoggins
John Sidwell ,
Paul Chavez 88
Cuyahoga Wrecking Company 88 84
Leonard Capizzi
Chester Reiss, Sr.
James Abbajay
Robert Torok
Joseph A. Grossi
Region X - CAA
Euro-Auto Ltd. Inc. 87 55
James S. Strecker, Jr.
Barbara A. Strecker
Mario A. Segale 85 23
M.A. Segale, Inc.
William Bartholomew
NEIC - CAA
Albert Mardikian 85 27
Garo Mardikain
Sembat Agob
George Timothy Mercier 86 42
Timothy Scott McLeod
(Gulf States Oil and Refining Co.)
-------
10
CLEAN WATER ACT (CWA)
Clean Water Act (CWA).
Marine Protection, Research and Sanctuaries Act.
(MPRSA)
Rivers and Harbors Appropriations Act of 1899.
(Refuse Act of 1899)
Safe Drinking Water Act (SDWA).
.33 USC §§1251-1373
PL 92-500
PL 95-217
PL 100-4
.33 USC §§1401-1445
PL 92-532
..33 USC §§403,407,
409,411
PL 55-425
.42USC§§300f-300j
PL 95-190
PL 99-339
Case Name
FY
Page No.
Ballard Shipping Co.
lakovos Georgoudis
Marathon Development Corp.
Terrence Geoghegan
Ocean Spray Cranberries, Inc.
K. W. Thompson Tool Co., Inc.
(a/k/a Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
USM Corporation
Progressive Oil
Robert and Scott McKiel
John Shepardson
David Boldt
(Astro Circuit)
Wells Metal Finishing, Inc.
John Wells
Region I - CWA
87
88
85
87
110
58
76
25
53
96
99
107
Region II - CWA
Coastal Steel Corporation
(Republic Wire Corporation)
83
-------
11
Case Name FY Page No.
Region II - CWA (cont.)
Nathan Frenkel 83 6
Environmental Consulting and Testing Service, Inc.
John Mastrobuono 89 96
Plaza Health Laboratories, inc. 89 105
Geronimo Villegas
Region III . CWA
Robert Thomas Barnes 84 12
Environmental Systems Services
Georgia Bonded Fibers, Inc. 86 33
William G. Byles
James C. Kostelni
Daniel LaVietes
Francis Susan Moose 87 70
(Jarrett's Water & Waste Water Service)
Shenango, Inc. 88 78
Nicholas S. Buchko
Ashland Oil, Inc. 88 93
John Pozsgai 88 94
Region IV - CWA
Columbia Marine Services, Inc. 83 1
William Kinzeler, Jr.
John L. Kinzeler
Gardinier, Inc. 88 91
James Holland 84 13
Louisville and Nashville Railroad 83 1
Ocie Mills 89 95
Carey C. Mills
Ocean Reef Club, Inc. 86 37
Russell A. Post
Claude H. Gehman
Mark Malka
-------
12
Case Name
Region V - CWA
Raymond Borowski
Samar Chatterjee
Finishing Corp. of America, Inc.
John W. Rutana
Richard J. Fiorini
John C. Barnes
Venus Laboratories, Inc.
Jay Woods Oil, Inc.
Edmund Woods
Frank Lynch
Region VI - dWA
Marine Shale Processors, Inc.
William W. Windham
Region YII - CWA
Arnold N. Graham
Dale L. Knoedler
Jim D. Newman
Roger Swenson
(Dugdale of Nebraska, Inc.)
FY
83
87
89
85
87
89
89
86
85
Page No.
6
67
107
26
57
110
100
51
24
Maritz, Inc.
William E. Pieber
Reidy Terminal, Inc.
Wisconsin Barge Line, Inc.
Anthony DeJohn
James Johnson
Eric Donald Roth, Sr.
Country Estates Investments, Inc.
Stephen Johnson
Valmont Industries, Inc.
Jack Hawk
Duane Prorok
84
87
85
15
64
28
97
103
-------
13
Case Name FY Page No.
Region VIII - CWA
Central Valley Water Reclamation Facility Board 88 83
Rocky Mountain Materials and Excavating, Inc. 86 40
Transit Mix Concrete Company, Inc. 89 96
Bill Walters Companies 89 98
Region IX - CWA
Ralph Burgholzer 86 52
Lavell Mclntyre
Salvadore Apodaca 88 79
Region X - CWA
Marine Power and Equipment, Inc. 86 47
Richard C. Woeck
Peter F. Woeck
Lloyd Anderson
Frank Brady
Nabisco Brands, Inc. 86 46
Willard L. Kaser
William Parks
Pennwalt Corporation, Inc. 88 82
Robert S. Custer
Franklin M. Shanahan
Edward R. Golinski
Orval J. High
Riedel International, Inc. 88 93
James A. Repman
Ronald E. Summers
Sellen Construction 89 106
Gary Rager
George Scofleld 88 88
Robert Squyres
Sea Gleaner Marine, Inc. 86 48
Paul D. Schwitters
Sea Port Bark Supply, Inc. 86,88 43
Sam Jenkins, Jr.
-------
14
Case Name FY Page No.
Region X - CWA fcont.1
Sherman Smith 89 106
Washington Boat Center, Inc. 86 47
Bruce Norman Barker
The Wyckoff Company, Inc. 84 18
William C. Cairns
David G. Chevalier
Charles D. Hudson
Donald D. Johnson
Olympus Terrace STF 89 103
Lawrence Ostler
-------
15
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA)
Federal Insecticide, Fungicide and Rodenticide Act 7 USC §136
(FIFRA) PL 92-516
PL 95-396
Case Name FY Page No.
Region III - FIFRA
Orkin Exterminating Co. 88 79
Region VII - FIFRA
Bryce Anderson 83 9
Randy Zimmerman
Region VIII - FIFRA
John Martin Anderson 84 19
(A.C. Supply, Inc.)
Ross L. Talbott 85 24
Ross M. Talbott
(Talbott Enterprises, Inc.)
Region X - FIFRA
Argent Chemical Laboratories, Inc. 88 74
Eliot L. Lieberman
Beatriz F. Shanahan
Ronald Rollins 88 89
W.B. Sprague Company, Inc. 84 18
Alfred H. Treleven
Laurence R. Treleven
-------
16
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Toxic Substances Control Act (TSCA) 15 USC §§2601-2654
PL 94-469
PL 99-519
Case Name FY Page No.
Region I - TSCA
Electro Sales Co., Inc. 84 15
SCA Chemical Services (MA), Inc. 84 22
Region III - TSCA
Freeman Krum 87 58
Gary L. Powell 89 110
Harry G. Stafford
Region IV - TSCA
Onis Lynwood Holley 83 10
American Electric Corporation 84 13
Maxwell S. Cobb
D. Michael Hamm
Floyd C. Holloway
Region V - TSCA
Cambridge Mill Products, Inc. 86 51
Charles LeBeau, Jr.
Electric Service Company 86 34
Laddie F. Snyder
Ernest J. Mondron
Franklin D. Baker
Wallace D. Childers
Patrick W. Paciesas 87 65
John Plantan 88 66
Ronald C. Shawl 88 79
Transformer Services (Ohio), Inc. 83 11
Gregory A. Booth
Robert W. Rafferty
Herman Zeldenrust 83 9
-------
17
Case Name
FY
Page No.
John Moran, Jr.
Patrick E. Perrin
Dwight E. Thomas, Jr.
W.C. Carolan
James Carolan
Christopher Gosch
Sharon Hayes
Dwight E. Thomas, Jr.
Region VII - TSCA
87
87
89
62
66
66
CSI Technologies, Inc.
Custom Food Machinery
Ronald McNeil
Eugene Welch
Region IX - TSCA
85
87
26
57
Drum Recovery, Inc.
Gary Van Lom
Eugene F. Tienken
Charles Tuttle
Region X - TSCA
84
14
Vernon L. Baseman
David R. Faulkner
(Nuclear Engineering)
EPA - NEIC - TSCA
83
-------
COMPREHENSIVE ENIRONMENTAL RESPONSE COMPENSATION
AND LIABILITY ACT
Comprehensive Environmental Response 42USC §§9601-9675
Compensation and Liability Act (CERCLA) PL 96-510
PL 99-499
Case Name FY Page No.
Region I - CERHLA
W. R. Grace & Co. 87 56
-------
19
U.S. CODE: TITLE 18 CRIMES AND CRIMINAL PROCEDURE
Case Name FY Page No.
A&A Land Development 89 108
Angelo Paccione
Vulpis Brothers, Ltd.
Anthony Vulpis
August Recycling, Inc.
Rosedale Carting, Inc.
Stage Carting, Inc.
National Carting, Inc.
New York Environmental Contractors, Inc.
W&W Properties
Pollution Control Industries of America, Inc. 89 104
Kevin P. Prunsky
------- |