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 ------- |