SUMMARY OF CRIMINAL PROSECUTIONS
RESULTING FROM ENVIRONMENTAL INVESTIGATI
October 1987
SEPA
national enforcement investigations center
denver federal center bldg 53, box 25227 denver, co 80225
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING
SUMMARY OF CRIMINAL PROSECUTIONS
RESULTING FROM ENVIRONMENTAL INVESTIGATIONS
October 1987
OFFICE OF CRIMINAL INVESTIGATIONS
National Enforcement Investigations Center
Denver, Colorado
The attached summary is based on the best available information. Anyone relying on this
summary should verify the information which the Clerk of the Court for the United States
District Court, where the official records are filed.
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CONTENTS
PART I - CHARGES AND DISPOSITIONS
Fiscal Year 1983 1
Fiscal Year 1984 8
Fiscal Year 1985" 16
Fiscal Year 1986 22
Fiscal Year 1987 36
Part 2 - STATUTORY AUTHORITIES
Section I - Resource Conservation and Recovery Act (RCRA)
Section II - Clean Air Act (CAA)
Section III - Clean Water Act (CWA)
Section IV - Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA)
Section V - Toxic Substances Control Act (TSCA)
Section VI - Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) (Superfund)
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PART I
- CHARGES AND DISPOSITIONS
Fiscal Year 1983
Fiscal Year 1984
Fiscal Year 1985
Fiscal Year 1986
Fiscal Year 1987
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10/15/87 - 1
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1983
Defendants )/Docket No /Court Facts and Status
Columbia Marine Services, Inc Facts On four occasions, oil discharged near Ludlow into Ohio River from vessel
William Kinzeler, Jr owned and operated by Company
John L Kinzeler
82-36 10/13/82 Four-count indictment filed charging:
(ED Ky )
Company - Four counts failure to report discharge of oil in violation of Clean
Water Act, Sec 311(b)(5) [33 U S C §1321(b)(5)]
William Kinzeler and John Kinzeler - One count failure to report oil discharge
in violation of Sec 311(b)(5)
10/25/82 Company entered plea of guilty to two counts.
10/25/82 Company sentenced to $10,000 fine with credit given for $3,000 previously
paid to Coast Guard Charges against both Kinzelers dismissed
Facts Diesel fuel and other pollutants discharged through municipal sewers in
Louisville into P0TW (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)(1) and 402
[33 U S C §§1311(a), 1319(c)(1) and 1342] and one count discharge of pollutants into
P0TW in violation of pretreatment standards, in violation of Clean Water Act, Sees
301(a), 307(d) and 309(c)(1) [33 U S C §§1311(a), 1317(d) and 1319(c)(1)]
11/16/82 Company pled guilty to both counts.
11/16/82 Company sentenced to $19,000 fine on each count for total of $38,000
Facts Industrial sludges and wastes deposited at Old Forge Borough sanitary land-
fill site Lackawanna denied to EPA that disposal had occurred Iacavazzi was pres-
ident of Lackawanna
11/16/82 Two-count indictment filed charging
Northeastern and Iacavazzi - One count failure to notify of existence of hazard-
ous waste facility in violation of CERCLA, Sec 103(c) [42 U S C §9603(c)]
Lackawanna - One count making false statements [18 U S C §1001]
04/13/83 Both Companies pled guilty Plea agreement contained confession of lia-
bility by parties and provision whereby Companies agreed to comply with terms of
administrative order to be issued under RCRA, Sec 3008 ensuring that proceeds of
sale of land owned by Companies would be turned over to Superfund for cleanup costs.
05/10/83 Lackawanna and Northeastern each sentenced to $10,000 fine Charges
against Iacavazzi dismissed upon his agreement to cooperate
Facts Refuse matter, including sanitary waste and waste rinsewater containing sul-
furic acid, discharged into Woodbridge Creek
11/17/82 Information filed charging 10 counts discharge of refuse in violation of
Sec. 13 of Rivers and Harbors Appropriation Act of 1899 (Refuse Act) [33 U S C
§§407 and 411]
11/18/82 Company pled guilty to all 10 counts
01/13/83 Company sentenced to $20,000 fine ($15,000 suspended), community service
equal to $15,000 amount of suspended fine, and 3 years probation. If community
service not performed, monetary equivalent of amount of service to be paid as addi-
tional fine
Louisville and Nashville Railroad
82-00146
(WD Ky )
Lackawanna Refuse Removal, Inc
Northeastern Land Development Co
Peter Iacavazzi
82-00173
(M0 Pa )
Coastal Steel Corporation
(Republic Wire Corporation)
82-0147B
(D N J )
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10/15/87 - 2
CHARGES AND DISPOSITIONS
Fiscal Year 1983 (cont )
Defendant(s)/Docket No /Court
Facts and Status
A C Lawrence Leather Company, 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 NPOES permit Plug in pipe removed, allowing dis-
charge to bypass facility's treatment plant and flow directly from holding tank into
river, despite fact that Company had received $238,420 from EPA in research and grant
funds for demonstrating process to meet best available treatment standards for tan-
ning industry covering all pollutants generated during manufacturing operations
Marshall was president, Goodspeed, vice president; Johnson, plant superintendent,
Stone, director of manufacturing and Barber was 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], 5 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)(1) [33 U S C §§1311(a) and
1319(c)(1)], 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
Marshall - 43 counts of discharges in violation of Clean Water Act
Goodspeed - 43 counts of discharges in violation of Clean Water Act
03/10/83 Individual defendants each pled guilty after Government's opening argument
at trial
Barber and Stone - Five counts under Clean Water Act and one count false
statements
Marshall and Goodspeed - Five counts under Clean Water Act
Johnson - Ten counts under Clean Water Act
04/07/83 Company convicted by jury on all counts (See following section for
sentencing information)
A C Lawrence Leather Company, Inc
Weymouth E Marshall
Robert F Goodspeed
Francis E Stone
Bernard Davis
83-00007
(D N H )
Facts Same defendants plus Davis, foreman at the Winchester facility, generated,
stored and released degreasing solvent (tetrachloroethylene) and its sludges and
conspired to cover up the fact by falsifying reports
01/25/83 Company and individuals charged in second 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 CERCLA, Sec 103(c) [42 U S C §9603(c)]
Marshall - One count failure to notify of existence of hazardous waste facility
Goodspeed - One count storage of hazardous waste and one count failure to notify
of existence of hazardous waste facility
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10/15/87 - 3
CHARGES AND DISPOSITIONS
Fiscal Year 1983 (cont.)
Defendants )/Docket No /Court Facts and Status
A C Lawrence Leather Company, Inc Stone - One count storage of hazardous waste, one count disposal of hazardous
(cont ) 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
A C Lawrence Company, Inc 04/29/83 Superseding information filed charging two additional counts
Robert F Goodspeed
83-00020 Company - One count submittal of false statements under RCRA, Sec. 3008(d)(3)
(D N H ) [42 U S C §6928(d)(3)]
Goodspeed - One count failure to notify of release of hazardous substances under
CERCLA, Sec 103(b) [42 U S C §9603(b)]
04/29/83 Company and three individual defendants pled guilty as follows
Company - One count storage of hazardous waste, one count disposal of hazardous
waste, one count failure to notify of release of hazardous substances, one count
failure to notify of existence of hazardous waste facility and one count sub-
mittal of false statements under RCRA, Sec 3008(d)(3)
Marshall - One count failure to notify of existence of hazardous waste facility
Goodspeed - One count failure to notify of release of hazardous substances and
one count failure to notify of existence of hazardous waste facility
Stone - One count storage of hazardous waste, one count failure to notify of
release of hazardous substances and one count failure to notify of existence of
hazardous waste facility
04/29/83 Defendants sentenced simultaneously under Clean Water Act and RCRA indict-
ments (and superseding information) as follows'
Company - Fined under first indictment $5,000 on conspiracy count, $200 on
each mail fraud count for sum of $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
5 years probation under each set of charges, to run concurrently, and required
to repay $238,420 it had received from EPA in federal grant funds
Barber - Under first indictment only, for five Clean Water Act counts 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service activities, and $2,500 fine on each count for sum of $12,500, for
false statement count, 1 year imprisonment (execution suspended) plus 2 years
probation (to be served concurrently) and $5,000 fine for total of $17,500
Stone - Under first indictment same sentence as for Barber Under second
indictment for RCRA storage count, 1 year imprisonment (execution suspended)
plus 2 years probation (to be served concurrently) and $5,000 fine, for 2 CERCLA
counts and one RCRA storage count, 1 year imprisonment (execution suspended)
plus 2 years probation (also to be served concurrently) $5,000 on RCRA count
and $2,500 fine on each CERCLA count for total of $10,000 under second indict-
ment and grand total under both indictments of $27,500
Johnson - Under first indictment, for 10 Clean Water Act counts 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service and $2,500 fine on each count for sum of $25,000 with all but
$5,000 suspended.
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10/15/87 - 4
CHARGES AND DISPOSITIONS
Fiscal Year 1983 (cont )
Defendant(s)/Docket No /Court Facts and Status
A C Lawrence Leather Company, Inc Marshall - Under first indictment for five Clean Water Act counts 1 year
(cont ) imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service and $2,500 fine on each count for sum of $12,500 Under second
indictment, for CERCLA, Sec. 103(c) count, 1 year imprisonment (execution sus-
pended) plus 2 years probation (to be served concurrently) and $5,000 fine (with
all but $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 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service activities and $2,500 fine on each count for sum of $15,000
Under second indictment, for 2 CERCLA counts, 1 year imprisonment (execution
suspended) plus 2 years probation (to be served concurrently) and $5,000 fine on
each count for 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 3 years (to
04/11/87)
Raymond Borowski Facts Defendant operated several municipal sewage treatment plants in Dupage
83-151 County, Illinois, where, during period between October 1977 to July 1978, defendant
(N D 111 ) understated pollutant amounts by half for three of the plants when filing Discharge
Monitoring Reports required under Clean Water Act
02/23/83 13-count indictment returned charging submittal of false information
[18 U S C §1001]
04/22/83 Defendent pled guilty to two-count superseding information filed on same
date charging submittal of false information under Clean Water Act, Sec 309(c)(2)
[33 U S C §1319(c)(2)]
06/01/83 Defendant sentenced to 3 years probation and 200 hours community service
Nathan Frenkel
Environmental Consulting and
Testing Service, Inc
83-00047
(D N J )
Facts Frenkel, owner of 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 misrepresentations 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,
Peter Angel
Jack W Hopkins
83-00083
(D N J )
Inc
Facts Over 3-day period, federal agents saw workers attach pump to tank containing
hazardous wastes and pump substantial quantities of degreasers and other industrial
chemicals into trench, including dichlorobenzene, 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 vio-
lation 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)(1) [33 U S C §§1311 and 1319(c)(1)], and one count conspiracy [18 U S C §371]
07/08/83
fine.
Company pled guilty to three counts under RCRA and sentenced to $20,000
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10/15/87 - 5
CHARGES AND DISPOSITIONS
Fiscal Year 1983 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Johnson & Towers, Inc
(cont )
Peter Johnson
86-3134C
(D N J )
Michael Yaron
Barak Yaron
Quality Research Labs, Inc
(Commmercial Research Labs)
83-00170
(ED Pa )
Barak Yaron
83-00282
(ED Pa )
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 reversed dismissal of substantive RCRA counts
against individuals and remanded case to district court for trial of those counts
10/10/84. Angel filed petition for certiorari in United States Supreme Court Gov-
ernment subsequently filed response in opposition to petition
02/19/85 Supreme Court denied Angel's petition for certiorari.
01/02/86. Angel and Hopkins entered into pretrial diversion agreement with United
States Attorney's Office Indictment dismissed against each
03/31/86 Information filed charging Peter Johnson with one count discharging pol-
utants without NPDES permit in violation of Clean Water Act, Sees 301 and 309(c)(1)
[33 U S C §§1311 and 1319(c)(1)]
04/30/86 Johnson pled guilty to Clean Water Act count
06/17/86 Johnson sentenced to $2,500 fine
Facts Joint EPA/FBI investigation Hazardous wastes, including 1,1,1 trichloro-
ethane, toluene, phenol, cresols, corrosive acid, benzene, xylene and methylene
chloride generated, stored and systematically dumped onto ground at site and into
drains and toilets at facility in Corwalls Heights False responses also made on 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 sub-
mission 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
Michael Yaron - Two counts false statements [18 U S C §1001], two counts stor-
age and disposal of hazardous wastes without permit under RCRA, Sec
3008(d)(2)(A) [42 U S C §6928(d)(2)(A], and one count failure to notify of
release of hazardous substance under CERCLA, Sec 103(b) [42 U S.C
§9603(b)]
Barak Yaron - One count disposal of hazardous wastes
Company - One count failure to notify of release of hazardous substances and two
counts storage and disposal of hazardous waste
08/16/83 Superseding information filed charging Barak Yaron with one count under
CERCLA, Sec 103(b)
08/01/83 Barak Yaron - Pled guilty to one count failure to notify of release of
hazardous substance under CERCLA
08/03/83 Company - Pled guilty to one count disposal of hazardous wastes
08/23/83 Michael Yaron - Pled guilty to one count disposal of hazardous wastes
without RCRA permit and one count failure to notify of release of hazardous substance
under CERCLA
09/26/83 Defendants sentenced as follows.
Barak Yaron - $2,000 fine plus 3 years probation
Company - $10,000 fine
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10/15/87 - 6
CHARGES AND DISPOSITIONS
Fiscal Year 1983 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Michael Yaron, etc
Michael Yaron - $5,000 fine plus 2 years imprisonment (all but 6 months sus-
(cont )
pended) plus 5 years probation on RCRA count On CERCLA count, $5,000 fine plus
1 year imprisonment (all but 6 months suspended) and 5 years probation (impris-
onment and probation to run concurrently with RCRA disposal count).
01/24/84 Sentence of Michael Yaron modified Restitution reduced to $55,600
Vernon L Baseman
Facts Oil and drums containing PCBs sold as ordinary waste oil and distributed in
David R Faulkner
interstate commerce between Emelle, Alabama and Albuquerque, New Mexico.
(Nuclear Engineering)
83-00081
05/10/83 Four-count indictment returned charging each defendant with three counts
(D N M )
violation of PCB regulations under TSCA [15 U S C §§2614 and 2615(b)] and one count
conversion of government property [18 U.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 1 year
probation
09/16/83 Baseman sentenced to $2,000 fine
Herman Zeldenrust
Facts Defendant (plant manager for Joslyn Manufacturing and Supply Co ) disposed of
83-442
55-gallon drum of 100% PCBs at or near McGinty Forest Preserve.
(N D 111 )
06/06/83 One count information filed charging violation of TSCA, Sec 15
[15 USC §2614]
01/11/84 Defendant pled guilty to one count and sentenced to 1 year probation and
$3,000 fine to be paid from defendant's personal funds
Bryce Anderson
Facts Ortho Paraquat CL, a registered pesticide for restricted use, applied without
Randy Zimmerman
EPA certification Anderson, once a certified applicator, had let certification
83-00038
lapse
(D Neb )
06/13/83 One count information filed charging each defendant with violation of
FIFRA [7 U.S C §136j]
07/26/83 Anderson pled guilty to one FIFRA count and sentenced to $100 fine (he had
been recertified by EPA prior to sentencing) Charges against Zimmerman dismissed
Onis Lynwood Holley
Facts Full cleanup of PCBs falsely claimed under agreement with Air Force Dis-
Hoi ley Electric Corporation
posal of PCBs by transformer rupture, placement in underground diesel fuel tank,
83-00119
improper landfilling of PCB capacitors and liquids Also failed to properly mark
(M D Fla )
drums Holley is Company president
08/10/83 10-count indictment returned against Company and Holley charging six
counts violation of TSCA [15 U S C §2614], one count false claim to government
[18 USC §287], and three counts wire fraud [18 U.S C §1343]
0ms Lynwood Holley
10/27/83 Holley pled guilty to two-count superseding information filed on same date
83-00169
charging one count TSCA violation and one count false statements [18 USC §1001]
(M D Fla )
Company pled guilty to one count TSCA violation and one count false claim
12/02/83. Company sentenced to $35,000 fine and 2 years probation Holley sentenced
to $25,000 fine and 2 years probation
Laurence M Welsh
Facts- Hazardous waste consisting of discarded paint, varnish and other ignitable
J Welsh & Sons, [nc
substances stored without permit and transported to unpermitted facility Laurence
(Barry Air Tool Supply)
is president and operator of Company in the parking lot maintenance business
83-60543
(E 0 Mich )
09/21/83- Four-count information filed charging each defendant with one count stor-
age of hazardous waste in violation of RCRA, Sec 3008(d)(2)(A) [42 USC
§6928(d)(2)(A)] and one count transportation of hazardous wazste to unpermitted
facility of violation of RCRA, Sec 3008(d)(1) [42 USC §6928(d)(l)]
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10/15/87 - 7
CHARGES AND DISPOSITIONS
Fiscal Year 1983 (cont )
Defendant(s)/Docket No /Court Facts and Status
Laurence M Welsh 10/05/83 Both defendants pled guilty to all charges.
(cont 1
12/13/83 Welsh sentenced to 2 years imprisonment (all but 4 months suspended) and
2 years probation. Company sentenced to $1,000 fine
Transformer Services (Ohio), Inc
Gregory A Booth
Robert W Rafferty
83-00252A
(N D Ohio)
09/29/83 Seven-count indictment returned charging
Company and Rafferty - One count violation of TSCA [15 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 §1343], and three counts false statements [18 U S C
§1001]
Booth - One count under TSCA, one count conspiracy, one court mail fraud, one
count wire fraud and one count false statements
Facts Transformer refurbisher and disposer, when cleaning up PCBs from own facility
under consent agreement with EPA, attempted to dispose of and conceal PCB soils in
Mogodore Auto Wrecking Yard Defendants claimed soil was stolen from facility
Booth was president and general manager and Rafferty was warehouse and operations
manager
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, 2 years probation and 240 hours community service performed over 2-year
period Failure to perform community service would result in $50,000 fine for each
individual
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10/15/87 - 8
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1984
Defendants/Docket No /Court
Facts and Status
Laurence M Welsh
See Information Sheet for Fiscal Year 1983
J Welsh & Sons, Inc
(Barry Air Tool)
Robert Thomas Barnes
Facts In performing contract work for NPDES permittees, Discharge Monitoring
83-00214
Reports (DMRs) falsified as to environmental impacts of pollutants Barnes was vice
(ED Va )
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, 6 months probation on each count, with
sentences to run concurrently, and 100 hours community service
Environmental Systems Services
11/14/83 Company pled guilty to information filed same date charging two counts
83-00246
violation of Clean Water Act, Sec 309(c)(2) [33 U S C §1319(c)(2)] and sentenced to
(ED Va )
$5,000 fine
Pacific Hide & Fur Depot, Inc
Facts Hundreds of PCB capacitors and PCB liquids from transformers dumped into pit
William Knick
adjacent to defendants' scrap metal salvaging facility in Pocatello William Knick
Jerry Graham
manages this facility.
83-40028
(D Ida )
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 [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 counts in which Graham was charged
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 fire ($1,000 on each count)
03/07/85 Appeal argued in Ninth Circuit
08/15/85 Ninth Circuit reversed convictions of both defendants on ground that jury
instruction on deliberate avoidance qiven under United States v Jewell was improper.
12/26/85 Ninth Circuit denied government's petition for rehearing
Onis Lynwood Hoi ley
See Information Sheet for Fiscal Year 1983
Hoi ley Electric Corporation
American Electric Corporation
Facts Disposal of PCBs and disposal and storage of transformers containing PCBs
Maxwell S. Cobb
under contracts with Department of Defense, and sale of PCBs to asphalt paving com-
D Michael Hamm
pany for use as fuel False invoices and manifests filed Case jointly investigated
Floyd C Holloway
by EPA, FBI, Defense Criminal Investigative Service and City of Jacksonville, Bio-
83-00170
Environmental Services Cobb was president of the Company, Hamm was vice president,
(M D Fla )
and Holloway was president of Holloway's Waste Oil Service, a business involved in
purchasing, handling and selling waste oil
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10/15/87 - 9
CHARGES AND DISPOSITIONS
- Fiscal Year 1984 (cont )
Defendant(s)/Docket No /Court Facts and Status
American Electric Corporation 10/27/83- 24 count indictment filed charging Company, Cobb, Hamm and Holloway as
(cont ) 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 [15 U S C §2614]
Hamm - 11 counts false statements, seven counts nail 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 Facts. Owner of Middle Keys Construction Company dredged and filled 12 sites in
83-891 lower and middle Florida Keys between May 1980 and August 1983 and, for one site,
(S D Fla ) fraudently represented to landowners that all permits would be obtained
11/02/83 22-count indictment returned charging 11 counts violation of Sec 10 of
Rivers and Harbors Appropriation Act of 1899 [33 U S C §403], eight counts violation
of Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)], 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
06/07/85 Defendant sentenced to 5 years probation and 400 hours community service
Also required to perform restoration at four sites
Transformer Services (Ohio), Inc
Gregory A Booth
Robert W Rafferty
See Information Sheet for Fiscal Year 1983
Herman Zeldenrust
See Information Sheet for Fiscal Year 1983
Gary Van Lom
Eugene F Tienken
Charles Tuttle
Drum Recovery, Inc
84-00005
(D Or )
Facts Transportation and dumping of sodium hydroxide on street and improper label-
ing, 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 Von Lom - Eight counts violation of TSCA [15 U S C §2614], two
counts violation of CERCLA, Sec 103(b) [42 U S C §9603(b)], six counts mail
fraud [18 U S C §1341], one count conspiracy [18 U S C §371], and 22 counts
violation of Hazardous Materials Transportation Act (HMTA) [49 U S C §1809Cb)]
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 5 years probation with conditions that he (1) stay out
of hazardous waste business for period of probation, (2) pay 1/3 cleanup costs and
court costs, and (3) perform 100 hours community service
-------
10/15/87 - 10
CHARGES AND DISPOSITIONS
Fiscal Year 1984 (cont )
Defendant(s)/Docket No /Court Facts and Status
Gary Van Lom 05/17/84 Van Lorn sentenced to one year imprisonment and 5 years probation with con-
(cont ) ditions including that he (1) stay out of hazardous waste business for period of
probation and (2) pay 1/3 cleanup costs Tienken sentenced to 90 days imprisonment
and 5 years probation and a requirement to pay 1/3 cleanup costs
02/19/85: Charges dismissed against Company
Facts False statements contained in Discharge Monitoring Reports and BOD limits
in NPDES permits exceeded by wastewater treatment plant in Fenton Pieber is man-
ager of Company's wastewater treatment facility
02/13/84 Five-count information filed against Company charging four counts viola-
tion of Clean Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a)] and
1319(c)(1)] and one count false statements [18 U S C §1001] Two-count information
filed on same date charging Pieber with two counts in violation of Clean Water Act,
Sees 301(a) and 309(c)(1)
02/15/84 Pieber pled guilty to all charges
02/17/84 Company pled guilty to all charges
03/09/84 Peiber sentenced to 30 months probation, 150 hours community service and
$2,500 fine
03/23/84 Company sentenced to 5 years probation, $10,000 fine on false statement
count and $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 work plan within 90 days In lieu of community service,
$45,000 in fines could be paid to designated charity
08/16/85 Pieber1s term of probation reduced to 24 months.
A C Lawrence Leather Company, Inc See Information Sheet for Fiscal Year 1983
Lawrence K Barber
Francis E Stone
Weymouth E Marshall
Robert F Goodspeed
Bernard Davis
Electro Sales Co , Inc Facts Improper marking and storage for disposal of capacitors containing PCBs and
84-00148 false statements made by Company president to EPA concerning removal of leaking
(D Mass ) capacitors from Company premises
04/11/84 Company waived indictment and pled guilty to two-count mforamtion filed
on same date charging one count violation of TSCA [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
Facts Transportation, storage and disposal of electric furnace emission control
dust containing lead and cadmium without permit to facilities in Kentucky and Ten-
nessee Tern, Lon, Chris, Inc (T L C ) is chemical brokerage firm with Hedrick as
president
05/09/84 Three-count indictment filed in United States District Court for Western
District of Kentucky charging Hedrick and Tern, Lon, Chris, Inc each with one
count transportation of hazardous waste to unpermitted facility in violation of RCRA,
Sec 3008(d)(1) [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)(1) and one count
disposal of hazardous waste without permit in violation of RCRA, Sec 3008(d)(2)(A)
Maritz, Inc
84-00026
William E Pieber
84-00027
(ED Mo )
James H Hedrick
Tern , Lon , Chris, Inc
84-00008
(WD Ky )
Janes H Hedrick
TLC, Incorporated
84-00084
(M 0 Tenn )
-------
10/15/87 - 11
CHARGES AND DISPOSITIONS
Fiscal Year 1984 (cont )
Defendant(s)/Docket No /Court Facts and Status
James H Hednck, 07/18/84- Hednck pled guilty to both counts charged in Middle District of
(cont ) Tennessee
07/18/84 Company pled guilty in Middle Oistrict of Tennessee to same counts
07/18/84 Hednck and Company each entered guilty pleas to all counts charged in
Western District of Kentucky
03/14/85- Hednck sentenced to 1 year and 1 day imprisonment for charges in Middle
District of Tennessee plus 3 years probation and 200 hours community service. Com-
pany fined $5,000 for charges on same count
03/19/85 Hedrick sentenced to 1 year and 1 day imprisonment (sentence imposed in
Tennessee served concurrently), and Company sentenced to $3,000 fine for charges in
Western District of Kentucky
A1ley-Cassetty Coal Company Additional Facts A1ley-Cassetty carried out actual transportation of emission con-
Donald M Draper trol dust to strip mine sites Draper was former transportation manager
85-00043 ,
(M D Tenn )
03/25/85 Information filed in Middle District of Tennessee charging A1ley-Cassetty
and Draper with one count transportation of hazardous waste to unpermitted facility
in violation of RCRA, Sec. 3008(d)(1)
A1ley-Cassetty Coal Company
Donald M Draper
85-00007
(WD Ky )
04/30/85 Draper sentenced, in Middle District of Tennessee, to 1 year and 1 day
imprisonment with all but 6 months suspended (sentence recommended to be served in
half-way house), 2 years probation and $8,000 fine (to be paid within 7 months)
05/14/85 Defendants each entered guilty plea to charges in Western District of
Kentucky
09/27/85 Draper sentenced, in Western District of Kentucky, to 1 year and 1 day
imprisonment (all but 6 months suspended) plus 2 years probation Incarceration
to be served concurrently with sentence imposed in Tennessee, however, Draper not to
be allowed to serve sentence in half-way house
09/30/85 A1ley-Cassetty sentenced, in Western District of Kentucky, to $25,000
fine Civil penalty imposed on same date by Tennessee State Administrative
authority
12/09/85 A!ley-Cassetty sentenced, in Middle District of Tennessee, to $10,000
fine
03/28/85 Information filed in Western District of Kentucky charging A1ley-Cassetty
and Draper with one count transportation of hazardous waste to unpermitted facility
in violation of RCRA, Sec 3008(d)(1)
04/01/85 Defendants each entered guilty pleas to charges in Middle District of
Tennessee
RAD Services, Inc
Authur Sciullo
George Gary
86-00011
(WD Ky )
Additional facts RAD Services engaged in chemical manufacturing and, in 1982,
stored toxic lead and cadmium emission control dust at warehouse in Bowling Green
Sciullo is executive vice president and Gary is head of chemical division
04/25/86 Five-count indictment filed in Western District of Kentucky charging Com-
pany with three counts storage of hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2), one count transportation of hazardous waste to unpermitted
facility in violation of RCRA, Sec 3008(d)(1), and one count conspiracy [18 DSC
§371] Sciullo charged with two counts violation of RCRA, Sec 3008(d)(2), one count
violation of RCRA, Sec 3008(d)(1), 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 to one count conspiracy and
one count RCRA storage violation.
-------
10/15/87 - 12
CHARGES AND DISPOSITIONS
Fiscal Year 1984 (cont )
Defendant(s)/Docket No /Court
Facts and Status
RAD Services,
(cont )
Inc
12/01/86
1 year
RAO Services was sentenced to a total fine of $75,000 to be paid within
Gary - Sentenced to 2 years in the custody of the U S Attorney General with all
but 30 days in jail suspended, a $10,000 fine, 200 hours of community service
and 2 years of probation
Scuillo - Sentenced to two concurrent 2-year terms of incarceration with all but
6 months suspended, a $10,000 fine, 200 hours of community service and 2 years
probation
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 [7 U S C 136j(a)], Alfred Treleven and Laurence Treleven each with one count
violation of FIFRA and one count violation of Migratory Bird Treaty Act
06/29/84 Company pled guilty to information and sentenced to $20,500 fine
levens pled guilty to information and fined $5,500 each
Tre-
Wi111am C Cairns
David G Chevaller
Charles D Hudson
Donald D Johnson
The Wyckoff Company,
84-00167
(W D Wash )
Inc
Facts Company engaged in pressure-treating wood products with preservatives con-
taining 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 superintendant, Hudson is
technical director and Johnson is chief engineer
06/21/84 12-count indictment filed charging
with seven counts violation of Clean Water Act
§§1311 and 1319(c)(1)], one count storage and
permit in violation of RCRA, Sec 3008 (d)(2)
conspiracy [18 U S C §371] and two counts fal
pany charged with seven counts violation of CI
one count violation of RCRA, Sec 3008(d)(2),
§371] and two counts false statements [18 U S
01/24/85 All defense pretrial motions denied
Cairns, Chevalier, Hudson, and Johnson
Sees 301 and 309(c)(1) [33 U S C
disposal of hazardous wastes without
[42 U S C §6928(d)(2)], two counts
se statements [18 U S C §1001] Com-
ean Water Act, Sees. 301 and 309(c)(1),
one count conspiracy [18 U S C
C §1001]
03/11/85 On scheduled trial date, all same 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)(1) and one count conspiracy
to violate Clean Water Act.
Cairns - One count storage of hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2)(A)
Chevalier, Hudson and Johnson - One misdemeanor count each of conspiracy to
violate Clean Water Act [18 U S C §371]
04/19/85 Defendants sentenced as follows
Company - As per plea agreement, fined $1,000,000 (all but $150,000 suspended),
5 years probation on condition it obey all laws, expeditiously clean up facility
and pay $850,000 into trust account administered by Region X for study and
cleanup of site
Cairns - 1 year imprisonment (all but 60 days suspended), 2 years probation,
$25,000 fine
-------
10/15/87 - 13
CHARGES AND DISPOSITIONS
Fiscal Year 1984 (cont )
Defendant(s)/Docket No /Court Facts and Status
William C Cairns, etc Chevalier - 2 years probation plus 200 hours community service, $10,000 fine
(cont )
Hudson - 2 years probation plus 150 hours community service, $5,000 fine
Johnson - 2 years probation plus 100 hours community service, $2,500 fine
All individual fines to be paid from personal funds
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.
06/22/84 Six-count indictment filed charging four counts violation of FIFRA [7
USC §136j(a)], one count violation of Clean Water Act, Sees 301 and 309(c)(1)
[33 U.S C §§1311 and 1319(c)(1)], and one count false statements [18 U S C §1001]
09/18/84 Defendant pled guilty to three FIFRA counts and one count violation of
Clean Water Act
John Martin Anderson
(A C. Supply, Inc )
84-00056
(D Wyo )
11/20/84 Defendant sentenced to 3 years probation plus compliance with all environ-
mental 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
Hayes International Corporation
Louis H Beasley
Performance Advantage, Inc
Lyndol Bolton
Ray Kelley
V 0. Abrams
David Smith
84-00123
(M D Ala )
Performance Advantage and Bolton - Eight counts violation of RCRA, Sec.
3008(d)(1), six counts violation of RCRA, Sec 3008(d)(2)(A), one count know-
ing endangerment in violation of RCRA, Sec 3008(e) [42 USC §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)(1), four counts violation of
RCRA, 3008(d)(2)(A), one count knowing endangerment in violation of RCRA, Sec
3008(e), and one count conspiracy
Abrams - One count under CERCLA, Sec 103(b), one count under RCRA, Sec
3008(d)(2), and one count conspiracy
Smith - One count under RCRA, Sec 3008(d)(1) and one count conspiracy
08/29/84 Performance Advantage and Bolton each pled guilty to one count under Clean
Water Act, Sees 301 and 309(c)(1) and one count under RCRA, Sec 3008(d)(1)
10/09/84 Trial began against Hayes International, Beasley, Abrams and Smith (Kelley
remained fugitive)
10/16/84 Court entered judgment of acquittal as to Abrams and Smith after conclu-
sion of government's case
Facts Pollutants discharged through hose from lagoon into water by facility proces-
sing waste oil and jet fuel (Performance Advantage) Hazardous waste from company in
business of removing paint from used aircraft (Hayes International) disposed of 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 Water Act, Sees 301 and 309(c)(1) [33 USC §§1311 and 1319(c)(1)] Second
indictment charged 19 counts as follows
Hayes and Beasley - Eight counts transportation of hazardous waste to unper-
mitted facility in violation of RCRA, Sec. 3008(d)(1) [42 USC §6928(d)(l)],
five counts storage and/or disposal of hazardous wastes without permit in viola-
tion of RCRA, Sec 3008(d)(2)(A) [42 U S C §6928(d)(2)(A)], one count con-
spiracy [18 U.S C §371]
-------
10/15/87 - 14
CHARGES AND DISPOSITIONS
Fiscal Year 1984 (cont )
Defendant(s)/Docket No /Court Facts and Status
Performance Advantage, Inc. 10/17/84 After both sides rested, Court acquitted Hayes International and Beasley
Hayes International Corporation on five storage and disposal counts
(cont )
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)(1) 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 5 years probation
on Clean Water Act count and 5 years probation on RCRA count, sentence to run
concurrently
12/13/84 Protective notice of appeal filed by government in Eleventh Circuit with
respect to decision overturning jury 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
06/11/85 Hayes International sentenced to $2,500 fine and Beasley sentenced to
$1,000 fine
Ray Kelley Facts Kelley was a fugitive at the time of the trial
86-189 N 11/25/86 Three count indictment filed charging Kelley with violation of RCRA,
(M D Ala ) Sec 3008(d)(2) [42 U S C ] §6928(d)(2)]
03/03/87 After a 2-day trial, the jury returned a guilty verdict to all three
counts of the indictment charging Ray Kelley with storage of hazardous waste without
a RCRA permit
04/16/87 Kelley sentenced to 1 year imprisonment on each of the three RCRA counts,
to be served concurrently, execution of imprisonment suspended, placed on 1-year
probation
Facts At least 10 pounds of PCBs released in Baintree, MA 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
SCA Chemical Services (MA), Inc
84-00157
(D Mass )
Johnson & Towers, Inc See Information Sheet for Fiscal Year 1983
Peter Angel
Jack W Hopkins
George Mills
84-00165
(M D Tenn )
George Mills
84-00119
(S D Ala )
Facts Storage of hazardous waste and failure to give required notification of
existence of hazardous waste facilities located in Nashville and Smyrna, Tennessee
and in Semmes, Alabama
09/19/84 Four-count indictment filed in United States District Court for Middle
District of Tennessee (unsealed on 09/21/84) charging two counts storage of hazardous
waste without permit in violation of RCRA, Sec 3008(d)(2)(A) [42 U S C
§6928(d)(2)(A)] and two counts failure to notify of existence of hazardous waste
facility in violation of CERCLA, Sec. 103(c) [42 U.S.C §9603(c)]
11/28/84 One-count information filed in United States District Court for Southern
District of Alabama charging violation of CERCLA, Sec 103(c) for failure to notify
of existence of hazardous waste facility.
-------
10/15/87 - 15
CHARGES AND DISPOSITIONS
Fiscal Year 1984 (cont )
Defendants)/Docket No /Court
Facts and Status
George Mills
84-00119 (cont )
12/11/84 Mills entered guilty plea, under Rule 20 of the Federal Rules of Criminal
Procedure, in Middle District of Tennessee to two counts of violation of CERCLA,
Sec 103(c) in Tennessee and one count violation of CERCLA, Sec 103(c) in Alabama
01/29/85 Mills sentenced to 5 years probation, $30,000 fine and condition that full
written account of actions and recommendations for compliance to avoid similar con-
traventions of environmental laws be submitted to professional journals in field.
-------
10/15/87 - 16
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1985
0efendant(s)/Docket No /Court
Facts and Status
Hayes International Corporation
See Information Sheet for Fiscal Year 1984
Louis H Beasley
Performance Advantage, Inc
Lyndol Bolton
Ray Kelley
V 0 Abrams
David Smith
Mario A Segale
Facts Ashpalt manufacturer operated new source and gases discharged in excess of
M A Segale, Inc
performance standards with respect to opacity Segale is Company president and
Wi11 lam Bartholomew
Bartholomew is division manager
85-267
(W D Wash )
11/14/84 Information filed charging Company, Segale and Bartholomew with four
counts violation of Clean Air Act Sec 113(c)(1) [42 U S C §7413(c)(l)]
03/11/85 Court dismissed all charges against defendants.
04/16/85 Information refiled charging same defendants with same four counts of
violating opacity standards
09/10/85 Office of United States Attorney agreed to defense motion to dismiss all
charges on ground that state inspector making opacity recordings had not been certi-
fied by EPA within 6 months preceding violation
John Van Hoesen
Facts 150,000 gallons of spent halogenated solvent handled without permit at chemi-
(QuVoe Chemical Industries, Inc )
cal recycling facilities in Schiller Park and Des Plains and false statements made to
84-00838
EPA claiming exemption from regulations Van Hoesen is managerial employee Suerth
(N 0 111 )
is president
11/15/84 Information filed charging Van Hoesen with one misdemeanor count for con-
cealing records under RCRA, Sec 3008(d)(4) [42 U S C. §6928(d)(4)] Separate
indictment filed against Suerth charging 11 counts transportation of hazardous waste
to unpermitted facility under RCRA, Sec 3008(d)(1) [42 II 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
John Suerth
11/29/84 Superseding indictment filed charging Suerth with same substantive
84-00840
charges
(N D 111 )
01/16/85. Van Hoesen sentenced to 3 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 9 months imprisonment plus 5 years probation and
$25,000 fine
Facts Routine EPA inspection discovered facility lacked technical capability to
analyze samples for fecal collform (FC) parameters Discharge Monitoring Reports
stated "0" FC discharge, lab denied testing Knoedler is sewage treatment techni-
cian, Newman is controller, and Swenson is plant manager
11/19/84 Five-count information filed charging Knoedler and Newman with four counts
submitting false statements under Clean Water Act, Sec 309(c)(2) [33 U S C
§1319(c)(2)] Swenson charged with one count violation of permit conditions under
Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)]
Dale L Knoedler
Jim D Newman
Roger Swenson
(Dugdale of Nebraska, Inc )
84-00059
(D Neb )
-------
10/15/87 - 17
CHARGES AND DISPOSITIONS
Fiscal Year 1985 (cont )
Defendant(s)/Docket No /Court Facts and Status
Dale L Knoedler 12/04/84 Knoedler pled guilty to two counts violation of Clean Water Act, Sec
(cont ) 309(c)(2) and sentenced to 1 year probation and $300 fine on each count plus court
costs
03/26/85 Five-count superseding information filed against Newman and Swenson charg-
ing 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)(1)
06/03/85 On scheduled trial date, all charges against Swenson and Newman dismissed
on motion by Office of United States Attorney
John Martin Anderson
(A C Supply, Inc )
See
Information
Sheet
for
Fiscal
Year
1984
George Mills
See
Information
Sheet
for
Fiscal
Year
1984
George Henry Garson Facts Waste solvents introduced into P0TW causing potential fire and explosion
(Barrett Chemical Company) hazard Garson was 71-year-old former president
85-00001
(ED Pa ) 01/03/85 One-count information filed charging defendant with violation of pre-
treatment standards under Clean Water Act, Sees 307(b)(1) and 309(c)(1) [33 U S C
§§1317(b)(l) and 1319(c)(1)]
01/05/85 Defendant pled guilty
01/10/85 Defendant sentenced to $2,500 fine and 3 years probation, including 2
hours per week community service during first year
Ross L Talbott Facts Azinphos methyl 50W, a restricted use pesticide, applied inconsistent with
Ross M Talbott labeling to apple orchard and trailer park in New Castle Failure to notify tenants
(Talbott Enterprises, Inc ) and prevent re-entry for 48 hours, as required Defendants were corporate
85-00012 principals
(D Colo )
01/11/85 One-count information filed charging both defendants with violation of
FIFRA, Sees. 12 and 14 [7 U S C §§1361(b)(2) and 136j(a)]
02/25/85 Both defendants pled guilty to petty offense
03/25/85 Ross L Talbott sentenced to $100 fine and Ross M Talbott fined $50
William G Cairns See Information Sheet for Fiscal Year 1984
David G Chevaller
Charles D Hudson
Donald D Johnson
The Wyckoff Company
Johnson & Towers, Inc See Information Sheet for Fiscal Year 1983
Peter Angel
Jack W Hopkins
Pacific Hide & Fur Depot, Inc See Information Sheet for Fiscal Year 1984
William Knick
Jerry Graham
James H Hedrick See Information Sheet for Fiscal Year 1984
Tern , Lori, Chris, Inc
A1 ley-Cassetty Coal
Donald M Draper
K W Thompson Tool Company, Inc Facts Dumping of hazardous waste, including cyanide, barium, potassium nitrate and
(aka Thompson Center Arms) sodium hydroxide, into ditch emptying into Cocheco River and into ground for percola-
Robert Gustafson tion Casting wax containing PCBs improperly stored and no records maintained Com-
Joseph Behre pany is metal casting and firearms manufacturer in Rochester Gustafson is president
Emmett Ronayne and Ronayne and Behre were vice presidents
85-08
(D N H ) 03/18/85. 50-count indictment filed charging
-------
10/15/87 - 18
CHARGES AND DISPOSITIONS
Fiscal Year 1985 (cont )
Defendant(s)/Docket No /Court Facts and Status
K W Thompson Tool Company, Inc Company and Ronayne - 41 counts discharge of pollutants without permit in viola-
(cont ) tion of Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and
1319(c)(1)], three counts violating storage, marking and recordkeeping standards
relating to PCBs under TSCA [15 U S C §2614], one count treatment, storage and
disposal of hazardous waste without permit under RCRA, Sec 3008(d)(2) [42
USC §6928(d)(2)], one count failure to notify of release of hazardous sub-
stance in violation of CERCLA, Sec. 103(b) [42 USC §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 USC §1001] and two counts con-
spiracy to violate Clean Water Act (misdemeanor) and RCRA (felony)
Behre - Charged on all same counts except false statements
Gustafson - 41 counts violation of Clean Water Act, Sees 301 and 309(c)(1), and
three counts violation of TSCA standards
06/24/85 Jury viewing of site conducted by Court
06/25/85 Trial began
07/01/85 Company entered guilty plea to 15 counts in violation of Clean Water Act,
Sees 301 and 309(c)(1), 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
Facts Failure to notify EPA of release of hazardous substance in excess of one
pound from facility in Alexandria
04/03/85 Company entered guilty plea to one-count information filed same day charg-
ing failure to report release of hazardous substance in violation of CERCLA, Sec
103(b) [42 U S C §9603(b)]
04/26/85 Company sentenced to and paid $4,000 fine
Venus Laboratories, Inc Facts Liquid chemical wastes, including cleansers, drain cleaners and other clean-
85-00238 ing agents discharged into tributary of Des Plains River without permit Company
(N 0 , 111 ) 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)(1) [33 U S C §1311 and 1319(c)(1)]
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
Robert Clements, Inc
85-00069
(ED Va )
CSI Technologies, Inc Facts Importation and distribution of specialized high voltage, high frequency
85-0325 capacitors containing PCBs from partner in Columbia under technical assistance
(S D Cal ) contract
04/16/85 Sealed, four-count information filed charging two felony smuggling counts
[18 USC §545] and two misdemeanor counts under TSCA for illegal distribution in
commerce of capacitors containing PCBs [15 USC §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
-------
10/15/87 - 19
CHARGES AND DISPOSITIONS
Fiscal Year 1985 (cont )
Defendant(s)/Docket No /Court Facts and Status
Richard Allen Taggert Facts False statements made to state of Oregon inspector concerning accumulation of
Keith Egan hazardous wastes Egan was plant manager and Taggert was plant superintendent
(Evans Transportation Company)
85-60016 04/24/85 One-count information charging both defendants with one count false
(D Or ) statements under RCRA, Sec 3008(d)(3) [42 U S C §6928(d)(3)]
04/30/85 Egan pled guilty to aiding and abetting making false statements under
RCRA
05/07/85 Taggert pled guilty to making false statements under RCRA
06/04/85 Egan and Taggert each sentenced to $2,500 fine
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 operation
officer and Garo is Albert's nephew and plant manager Agob was an employee of
Albert Mardikian Engineering, Inc
05/22/85 35-count felony indictment charging Albert Mardikian with 17 counts mail
fraud [18 U S C §1341] and 18 counts false statements [18 U S C §1001] Garo
Mardikian charged with 10 counts of mail fraud
08/07/85 Trial began
08/08/85 During presentation of government's case, Albert 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]
08/13/85 Agob waived indictment and pled guilty
11/04/85 Agob sentenced to 5 years imprisonment (all but 20 days suspended and
served on weekends), 5 years probation plus 2,500 hours community service
11/25/85 Albert Mardikian sentenced to 5 years imprisonment (all but 6 months sus-
pended), 5 years probation plus 2080 hours community service consisting of at least
8 hours per week over 5 year period teaching under-privileged individuals how to
improve job seeking skills, Albert also required to place no fewer than 20 indi-
viduals each year into jobs plus restitution to injured parties Garo Mardikian
sentenced to 5 years imprisonment (all but 30 days suspended and served on weekends),
5 years probation plus community service over 5-year period
Eric Donald Roth Sr
85-00119
(ED Mo )
05/23/85 10-count indictment filed charging Roth (d/b/a Analyst Consulting Labora-
tories, Inc ) with three counts false statements [18 U S C §1001], two counts
mail fraud [18 U S C §1341] and five misdemeanor counts of false statements under
Clean Water Act, Sec 309(c)(2) [33 U S C §1319(c)(2)]
08/01/85 Roth pled guilty to one felony count of false statements and two misde-
meanor counts of false statements
Facts Five cities paid chemical laboratory in Festus 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
09/06/85 Roth sentenced to 4 months imprisonment on each Clean Water Act count
(terms to run concurrently) Sentencing on felony count suspended pending completion
of 5 years probation and 200 hours community service
-------
10/15/87 - 20
CHARGES AND DISPOSITIONS
Fiscal Year 1985 (cont )
Defendant(s)/Docket No /Court Facts and Status
Layton Brothers Drum Company, Inc Facts Storage and disposal of hazardous waste without permit, and transportation of
Willie Frank Hines hazardous waste via interstate highway 1-70 through Eisenhower Tunnel without mam-
85-00174 fests. Oils and other liquid refuse matter channeled via earth trench into Ralston
(D Colo ) 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 Refuse Act [33 U.S C
§407], and one count violation of the Hazardous Materials Transportation Act (HMTA)
[49 (JSC §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 dismissed
10/24/85 Company sentenced to $10,000 fine on HMTA count and $2,000 fine for Refuse
Act violation
Facts Storage of hazardous waste without permit in excess of 1,000 kilograms.
07/17/85 Company waived indictment and entered plea of guilty to information filed
on same date charging one count violation of RCRA, Sec 3008(d)(2) [42 U.S C
§6928(d)(2)]
08/30/85- Company sentenced to $200,000 fine and 3 years probation First $100,000
payable in two annual installments beginning 08/30/86 Remaining $100,000 suspended
if terms of probation, including cleanup and $200 assessment to Crime Victims Fund
are met
Facts Manufacturer of cleaning agents and detergents stored and disposed of indus-
trial chemicals containing methylene chloride, trichloromethane, phenanthrene and
bis-phthalate without permit and without notification to EPA
07/31/85 Company waived indictment and pled guilty to two-count information filed
same date charging one count storage of hazardous waste without permit in violation
of RCRA, Sec 3008(d)(2) [42 U S.C. §6928(d)(2)] and one count failure to notify of
release of hazardous substance under CERCLA, Sec 103(b) [42 U S.C §9603(b)] Com-
pany sentenced on same date to $40,000 fine
Peter J Vileisis, Jr Facts Building demolition at Old Pin Shop in Oakville without notice to EPA, with-
Maurice Fabiani out removing asbestos prior to demolition and without wetting asbestos material
Waterbury House Wrecking Co , Inc exposed during operation Vileisis is president of Company and Fabiam is owner of
N-85-46 Old Pin Shop
(D Conn )
08/01/85. Five-count indictment filed charging Company and Vileisis with three
counts causing asbestos emissions in violation of Clean Air Act, Sees 113(c)(1)(C),
112(c)(1)(B) and 112(e)(5) [42 U S C §§7413(c)(l)(C), 7412(c)(1)(B) and 7412(e)(5)]
and of 40 CFR 61 146, and Fabiam with two counts of same Clean Air Act violations
11/04/85 Vileisis pled guilty to one count superseding information filed same date
charging failure to remove asbestos prior to commencement of demolition in violation
of Clean Air Act, Sees 113(c)(1)(C), 112 (c)(1)(B) and 112(e)(5) and 40 CFR §61 147
11/05/85 Fabiam pled guilty to same charge in one-count superseding information
filed this date
12/19/85- Vileisis sentenced to 1 year suspended sentence, 5 years probation,
$25,000 fine plus $25 penalty assessment, 1,000 hours community service and must
attend, at own expense, seminars on disposal of asbestos Fabiam sentenced to 1
year imprisonment (all but 30 days suspended), 5 years probation, $25,000 fine plus
$25 penalty assessment and 1,000 hours community service
Frankel Manufacturing Company
85-224
(D Colo )
Fried Industries, Inc
85-58
(D N J )
12/23/85 Charges dismissed against Company
-------
10/15/87 - 21
CHARGES AND DISPOSITIONS
Fiscal Year 1985 (cont )
Defendant(s)/0ocket No /Court
Facts and Status
Peter J Vileisis, Jr
05/05/86 Old Pin Shop and Waterbury House Wrecking each placed on EPA's List of
(cont )
Violating Facilities under 40 CFR Part 15 resulting in ineligibility for EPA con-
tracts, grants and loans
Richard M Mims Facts Former president of brass plating company directed employees to dump dozen
(Brass Mill Co ) 55-gallon drums of toluene at L B Houston Nature Area.
85-252
(N 0 Tex )
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 Oefendant pled guilty
09/25/85 Oefendant sentenced to 2 years probation and $2,500 fine payable either in
lump sum or monthly installments
-------
10/15/87 - 22
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1986
Defendant(s)/Docket No./Court
Facts and Status
Norbert Emel Gall
Dennis Ray Alston
Phillip Anthony Williams
Brigitte Gertrud Laurus
(Fred Fincher Motors, Ire
85-236
(S D Tex )
Norbert Emel Gall
Freddie Lee Fincher, Sr
Donald Lee Fincher
Brigitte Gertrud Laurus
85-00278
Brigitte Gertrud Laurus
Edward F Wiatt
H86-278
(S 0 Tex )
Facts Automobile broker and associates imported cars from Germany and deceived EPA
into granting "5-year old exemption" of nonconforming vehicles from Clean Air Act
requirements Freddie Fincher was principal stockholder and Company president Don-
ald Fincher was general manager and executive vice president Alston was owner of
D R A Construction Company and Williams was Alston's employee
10/04/85 31-count indictment filed charging Gall, Alston and Williams each with one
count conspiracy [18 U S C §371], 10 counts entering goods into country by means of
false statements [18 U S C §542], 10 counts smuggling [18 (JSC §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 flase statements [18 U S C §542], 12 counts smuggling [18 U S C §545] and
17 counts false statements to EPA and Customs Service [18 USC §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 state-
ments under the Clean Air Act, Sec 113(c)(2) [42 U S C §7413(c)(2)]
02/06/86 Gall entered guilty plea under first indictment to one count conspiracy
[18 USC §371] and six counts entry of goods by way of false statements [18 U S C
§542]
02/14/86 Gall entered guilty plea under second indictment to one count conspiracy,
four counts entering goods by means of false statements and five counts smuggling
03/25/86 Laurus pled guilty to one count under Clean Air Act, Sec 113(c)(2)
04/17/86 Freddie Fincher and Donald Fincher each pled guilty to one count entry of
goods into country by false statements [18 USC §545]
05/27/86 Freddie Fincher and Donald Fincher each fined $10,000
07/10/86 Laurus sentenced to 1 year probation
Facts Co-owner of Grand Prix Motors imported foreign automobiles under a "5-year-
old exemption" obtained from EPA
10/10/86 Information filed charging Wiatt with 10 counts of submitting fraudulent
documents to EPA in violation of Clean Air Act, Sec 113(c)(2) [42 U S C
87413(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 Sec 113(c)(2) of the Clean
Air Act [42 U S C §7413(c)(2)]
12/01/86 Alston sentenced to $24,000 fine, including restitution payments of
approximately $3,800 and 6 months probation Williams sentenced to 3 years probation
and 80 hours of community service
12/17/86 Wiatt sentenced to $1,500 fine and 150 hours of community service
-------
10/15/87 - 23
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court Facts and Status
Douglas G Hoflin Facts Former city public works director buried 14 drums of old road striping paint
(City of Ocean Shores) at City's sewage treatment plant adjacent to National Wildlife Refuge in sandy soil
85-62 next to ocean, and dumped 3,500 gallons of raw sewage into sandy depression, also
(W D Wash ) 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 per-
mit under RCRA, Sec 3008(d)(2) [42 U S C §6928(d)(2)], and one count burial of raw
sewage in violation of sewage treatment plant permit under Clean Water Act, Sees.
301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)]
02/24/86 After 5 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 2 years probation and 200 hours community service
Layton Brothers Drum Company, Inc See Information Sheet for Fiscal Year 1985
Wi1 lie Frank Hines
Wi11 lam Garry Byles
85-00075
James C Kostelni
85-00076
Daniel LaVietes
85-00077
Georgia Bonded Fibers, Inc
85-00078
(WD Va )
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)(1) [33 USC §§1311 and 1319(c)(1)], and one count conversion of Govern-
ment property under D0D contract [18 U S C §641]. Kostelni sentenced on same
date to fines of $10,000, $10,000 and $500 on each count for total of $20,500
(all but $5,000 suspended)
Company - Waived indictment and entered guilty plea to three-count information
charging one count discharge of pollutants into river in violation of NPDES
permit under Clean Water Act, Sec 309(c)(1), one count false statements in DMRs
in violation of Clean Water Act, Sec. 309(c)(2) and one count false statements
in certification under D00 contract [18 USC §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 D0D)
LaVietes - Charged with one count making false statements in OMRs 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 2 years
Facts Joint investigation by EPA, Defense Criminal Investigation Service and
Virginia Water Control Board Repeated instances of bypassing wastewater treatment
plant and discharging into Maury River, reporting fictitious laboratory results in
Discharge Monitoring Reports (DMRs) and filing false statements pertaining to D0D
contract specifications concerning military baseball-type cap visors made using Com-
pany's Bondex fiber board Kostelni was president, LaVietes was former vice presi-
dent for research and development and Byles was chief chemist
10/17/85 Defendants pled guilty to following charges in four separate informations
filed on this date
Electric Service Company
Laddie F Snyder
Ernest J Mondron
Franklin D Baker
Wallace D Childers
85-0117
(S 0 Ohio)
Facts Refurbusher and disposer of PCB items, primarily transformers, signed admin-
istrative 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 Baker and Childers were each foremen.
10/17/85 Six-count indictment filed charging
-------
10/15/87 - 24
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant s)/Docket No /Court Facts and Status
Electric Service Company Company, Snyder and Mondron - Four counts violation of TSCA for improper storage
(cont ) 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 concealment from Agency of unauthorized storage of PCB-contaminated
dirt [18 USC §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 acquited Childers. Company and Mondron each convicted on one count illegal PCB
disposal, one count failure to mark PCB storage area [15 U S C §§2614 and 2615(b)],
one count concealment from EPA of unauthorized PCB storage [18 USC §1001] and one
count conspiracy to defraud U S Government [18 USC §371] Snyder convicted of
one count concealment of PCB storage [18 USC §1001] and one count conspiracy
[18 USC §371] Baker convicted of one count illegal PCB disposal [15 USC
§§2614 and 2615(b)] and one count conspiracy
04/14/85 Company sentenced to 1 year probation on condition that it perform com-
munity 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 5 years imprisonment (sentence suspended)
plus 1 year probation and 100 hours community service Snyder sentenced to 2 years
imprisonment (sentence suspended) plus 2 years probation and 100 hours community
service Baker received 1 year suspended sentence, 1 year probation and 100 hours
community service
Alan M Franko
(AMF Insulation
85-1146-M
(ED Va )
Co )
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 dis-
posal of asbestos pipe insulation at Naval Observatory in Washington, D C Defendant
is former vice president and project manager
10/31/85 Defendant pled guilty to one count information filed same date charging
failure to report release of hazardous substance (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 6 months probation
and $150 fine.
Albert Mardikian
Garo Mardikian
Sembat Agob
See Information Sheet for Fiscal Year 1985
Peter J Vileisis, Jr.
Maurice Fabiani
Waterbury House Wrecking Co., Inc
See Information Sheet for Fiscal Year 1985
Charles J Berlin
85-50057
(E D Mich )
Facts Burial of five underground storage tanks containing C~56 and other compounds,
hundreds of barrels containing paints, acids and cyanide, plus paint sludges dumped
into covered earthern trench, all prior to enactment of RCRA at largest Superfund
site in Swartz Creek, Michigan Berlin is president and owner/operator of Farro
Liquid Incineration, Inc
11/06/85 One count indictment filed charging failure to notify of hazardous waste
facility in violation of CERCLA, Sec 103(c) [42 U S C §9603(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
-------
10/15/87 - 25
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant^s)/Docket No /Court
Facts and Status
Executive Advertising, Inc
Thomas David LaViolette
Roderick Warren Reiser
85-80795
(ED Mich )
Norman F Smith
85-00092
(M D Fla )
Facts Approximately 100 drums containing waste inks and lacquers found in abandoned
warehouse in Detroit LaViolette was Company president and part owner Reiser was
Company vice president and part owner
11/20/85 Three-count indictment filed against Company, LaViolette and Reiser charg-
ing one count transportation of hazardous waste to unpermitted facility under RCRA,
Sec 3008(d)(1) [42 U S C §6928(d)(1)], one count treatment, storage and disposal of
hazardous waste without permit under RCRA, Sec 3008(d)(2)(A) [42 U S C
16928(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)(1)
04/25/86 Company sentenced to $50,000 fine Each individual sentenced to 2 years
imprisonment (all but 60 days suspended), 3 years probation, 400 hours community
service and $15,000 fine
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 con-
tracted with Greer and Greer had sub-contracted 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, 4 years probation and restitution of
$5,420
Arthur J Greer
85-00105
(M D Fla )
Ocean Reef Club, Inc
Russell A Post
Claude H Gehman
Mark Malka
85-909
(S D Fla )
Facts Proprietor and operator of four now defunct hazardous waste handling com-
panies 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 USC §6928(d)(2)(A)], one count failure to notify of release of hazardous sub-
stance under CERCLA, Sec 103(b) [42 USC §9603(b)], one count making false claim
[18 USC §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 filed by government
09/16/86 Defendant sentenced to 5 years imprisonment (all but 3 months suspended),
4 years and 9 months probation, 1,000 hours community service and $23,000 fine
09/23/86 Defendant filed notice of appeal
Facts Discharge of raw sewage and sewage effluent from December 15, 1982 to Novem-
ber 10, 1983 into the Atlantic Ocean by means of diverting valves or bypass lines
installed in club's permitted sewage collection and treatment plant; also, falsifi-
cation of Discharge Monitoring Reports to EPA Post is Company president and chief
operating officer, Gehman is Company vice president and Malka is employee id
utilities department
-------
10/15/87 - 26
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court Facts and Status
Ocean Reef Club, Inc 12/05/85 346-count indictment filed charging Company, two officers and employee as
(cont ) 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 U S C §1001], and 332 misdemeanor counts discharg-
ing pollutants without NPDES permit and violation of permit conditions in vio-
lation of Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and
1319(c)(1)]
Post - One count conspiracy to violate Clean Water Act and 332 counts discharg-
ing in violation of Clean Water Act, Sees 301 and 309(c)(1)
07/31/8S 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
James H Hedrick See Information Sheet for Fiscal Year 1984
Terri, Lori, Chris, Inc
A1ley-Cassetty Coal, Co
Donald M Draper
Peter Hedegard
Eric Myers
JANC0 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
12/09/85 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)(1)
[33 U S C §§1311 and 1319(c)(1)]
Hedegard and Meyers each charged with one count violation of Clean Water Act, Sees
301 and 309(c)(1) 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
01/16/85. 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 Meyers each sentenced to 1 year imprisonment (all but 5 days suspended), 3 years
probation, $25,000 fine (all but $5,000 suspended) and 300 hours community service
Everett 0 Harwel1
Eugene Roy Baggett
(Southeastern Waste
Treatment, Inc
85-28
(NO Ga )
Facts President (Harwell) and vice president for operations (Baggett) of waste
treatment company disposed of electroplating wastes without permit, filed false
statements with Georgia Environmental Protection Division Defendants also trans-
ported hazardous wastes, failed to notify of their release, misrepresented that
wastes had been incinerated and poured them into city sewage system
12/10/85 15-count indictment returned (sealed until defendants could be arrested on
12/11/85) Harwell and Baggett charged with one count conspiracy to violate 18
USC §1001 and RCRA [18 U S.C §371], four counts making false statements [18
USC §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)(1) [42 U.S C
§6928(d)(l)] and one count storage of hazardous waste without permit under RCRA, Sec
-------
10/15/87 - 27
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court Facts and Status
Everett 0 Harwell 3008(d)(2)(A) [42 U S C §6928(d)(2)(A)] Harwell also charged with one additional
(cont ) transportation count and one additional storage count Baggett also charged with two
additional transportation counts, two additional disposal counts and one count fail-
ure to notify of release of hazardous substance under CERCLA, Sec 103(b) [42 U S C
§9603(b)]
10/29/86 Defendants each pled guilty to one felony count of treating and 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 haz-
ardous waste felony count in violation of 42 U S C §6928(d)(l)
10/05/87 Harwell sentenced to 3 years imprisonment and $20,000 fine Baggett sen-
tenced to 18 months imprisonment and $10,000 fine
Facts Nickel-cadmium battery manufacturer's environmental engineer (Brown) ordered
burial of five drums of toxic wastes without permit During removal of drums, con-
taminated sand spilled onto soil and remained unreported
12/11/85 Company pled guilty to one-count information filed same date charging
failure to notify of release of hazardous substance in violation of CERCLA, Sec
103(b) [42 USC §9603(b)]
01/09/86 Two-count indictment filed charging Brown with one count disposal of haz-
ardous waste without permit under RCRA, Sec 3008(d)(2)(A) [42 USC §6928(d)(2)(A),
and one count making false statements to EPA [18 USC §1001]
01/29/86 Company sentenced to $3,500 fine
03/31/86 Court dismissed false statements count against Brown and placed him in
pretrial diversion program
Facts President (Charles Colbert) and vice president (Jack Colbert) of chemical
trading business in Mount Vernon shipped recycled chlorinated solvent mixture con-
taining only IX of ordered chemicals to chemical import business in Zimbabwe in
sophisticated, international "bait and switch" scheme Case investigated by FBI and
Agency for International Development
12/12/85 32-count indictment filed charging Jack Colbert, Charles Colbert and both
companies with one count conspiracy, 15 counts wire fraud [18 U S C §1343], six
tounts mail fraud [18 U.S C §1341], six counts false statements [18 USC §1001],
one count false claims [18 USC §287] and two counts transportation of false
securities [18 USC §2314] Charles Colbert and Jack Colbert also charged with one
count obstruction of justice [18 USC §1503]
05/08/86 30-count superseding filed charging Charles and Jack Colbert with one
count conspiracy, 15 counts wire fraud, six counts mail fraud, six couts false state-
ments, one count making false claims and one count obstruction of justice Both
Companies charged with same counts except for obstruction of justice
06/02/86 Trial began
06/09/86 After 6 days of trial, jury verdicts of guilty returned against Charles
and Jack Colbert (27 felony counts each) and against Signo Trading and SCI (26 felony
counts each)
07/28/86 Both Colberts sentenced to total 13 years imprisonment each (to run con-
secutively with other State or Federal sentences), $1,350 in costs under Comprehen-
sive Crime Control Act and $66,000 restitution Jack Colbert also fined additional
$50,000 on conspiracy count. Each Company fined $250,000 and $1,300 in costs
Facts Company engaged in business of selling, blending, mixing and packaging chemi-
cals for use as domestic and industrial cleaners, solvents, aerosols and pesticides
William Armistead was vice president and part owner and Vincent Armistead, his son,
was plant supervisor
Eagle Picher Industries, Inc
85-343
Richard Brown
86-005
(D Colo )
Charles Colbert
Jack Colbert
Signo Trading International, Ltd
SCI Equipment and Technology, Ltd
85-1134
(SO NY)
ABC Compounding Company, Inc
William S Armistead
Vincent Armistead
85-484
(N.D. Ga.)
-------
10/15/87 - 28
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendants )/Docket No./Court Facts and Status
ABC Compounding Company, Inc 12/18/85 Company waived indictment and entered guilty plea to three-count mforma-
(cont ) tion filed same date charging one count conspiracy to violate RCRA [18 U S C §371],
one count disposal of hazardous waste without permit under RCRA, Sec. 3008(d)(2)(A)
[42 USC §6928(d)(2)(A)] and one count failure to notify of release of hazardous
substance under CERCLA, Sec 103(b) [42 USC §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 1 year probation,
$20,000 fine and ordered to complete cleanup of Jim's Old Plant in northwest Altanta
Hayes International Corporation See Information Sheet for Fiscal Year 1984
Louis H Beasley
Performance Advantage, Inc
lyndol Bolton
Ray Kelley
V 0 Abrams
David Smith
Rocky Mountain Materials and Facts Soil contaminated with pentachlorophenol discharged onto banks and into flood
Excavating, Inc plain of Fountain Creek
85-350
(D Colo ) 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)(1) [33 U S C §§1311 and 1319(c)(1)]
02/13/86 Company sentenced to $10,000 fine plus $100 assessment to Crime Victims
Fund
05/05/86 Company listed on EPA's List of Violating Facilities as a result of Clean
Water Act violation Pursuant to 40 CFR Part 15, facility may not be used in any
new, renewed or extended Federal contract, subcontract, grant, loan, subgrant or
subloan
Pacific Hide & Fur Depot, Inc See Information Sheet for Fiscal Year 1984
Willi am Knick
Jerry Graham
Neville Chemical Company Facts Chemical company generated hazardous wastes during manufacture of chlorinated
86-88 paraffins Indictment charges Company with burial of spent orthodichlorobenzene
(C D Cal ) (0DCB) and 0DCB 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 USC
§6928(d)(2)(A)]
09/30/86 One week trial to the court began
10/07/86 Defendant found guilty as charged
11/24/86 Defendant sentenced to pay $50,000 fine ($10,000 supsended if paid by
January 15, 1987) and placed on probation for 3 years.
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 USC §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 charg-
ing Johnson with same counts
-------
10/15/87 - 29
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Oefendant(s)/Docket No /Court Facts and Status
Robert K Blackstone 04/04/86 Johnson pled guilty to one count disposal without permit under RCRA,
(cont ) Sec 3008(d)(2)(A)
04/25/86 Blackstone pled guilty to one count disposal without permit under RCRA,
Sec 3008(d)(2)(A)
05/16/86 Johnson sentenced to 3 years imprisonment (all but 6 months suspended),
$500 fine, 3 years probation including condition that he participate in alcohol
treatment program and $50 mandatory penalty assessment to Crime Victims Fund
06/05/86 Blackstone sentenced to imprisonment for term of 1 year and 1 day, $5,000
fine and $7,100 restitution to Washington State Department of Ecology plus $50 manda-
tory penalty assessment to Crime Victims Fund
Facts Rinsates from holding tanks and chemical applicators dumped into unlined pits
by agricultural chemical distributor (B&R), its successor company (Frontier) and man-
ager of both operations (Kidwell)
11/14/85 Indictment lodged with clerk of the court
03/19/86 Upon waiver of indictment, defendants pled guilty to five-count informa-
tion filed on same date charging B&R with two counts storage and disposal of hazard-
ous wastes at unpermitted facility in violation of RCRA, Sec 3008(d)(2)(A) [42
USC §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 with one
count of same charge Two companies each sentenced to $75,000 fine plus cleanup of
site
06/11/86 Kidwell sentenced to 2 years imprisonment (all but 180 days suspended),
5 years probation and $10,000 fine to be paid from personal funds
Facts Amount of lead used by Company 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 USC §371] and four counts submitting false statements to
Federal agency [18 USC §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 1 year probation
07/21/87 Five-count superceding information filed charging Mercier with one count
conspiracy [18 USC §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 impris-
onment on each of five counts with terms to run concurrently on each count
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 dis-
charging pollutants into navigable water without NPDES permit in violation of Clean
Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a) and 1319(c)(1)]
06/11/86 Company and Jenkins each entered guilty pleas to one Clean Water Act
count
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
86-057
(E D Cal )
George Timothy Mercier
Timothy Scott McLeod
(Gulf States Oil and Refining
Company)
86-00111
(S 0 Tex )
Sam Jenkins, Jr
Sea Port Bark Supply, Inc
86-31
(W D Wash )
-------
10/15/87 - 30
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Sam Jenkins, Jr
Sea Port Bark Supply, Inc
(cont )
08/29/86 Company sentenced to $2,500 fine ($1,500 suspended) which includes $100
mandatory penalty assessment to Crime Victims Fund and one year probation Jenkins
sentenced to $2,500 fine ($2,250 suspended) which included $25 mandatory penalty
assessment to Crime Victims Fund, plus 1 year probation
Keebler Corporation Facts Methylene chloride and tetrachloroethene released without notice
86-104
(0 Colo ) 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 6 months probation
during which time cleanup is required, plus $100 to Crime Victims Fund State of
Colorado collected $22,500 civil penalty and issued administrative order for cleanup
Facts 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 Marin-Sagristo was manager of Tratamientos
04/18/86 Each defendant charged by indictment (unsealed 04/22/86) with one count
conspiracy [18 U S C. §371], seven counts mail fraud [18 U S C §1341] and 33 counts
utilizing false documents [18 U S C §1001] resulting from export of hazardous waste
for disposal in Mexico
08/14/86 Guillermo Marin-Orosco was added to the indictment for the same charges
10/28/86 Mann-Sagristo pled guilty to one count of conspiracy
11/01/86 Trial begins
11/19/86. Shearer and Duisen pled guilty to two counts of making false statements
and Faulks pled guilty to one count of making false statements
03/87 Shearer was sentenced to pay a $24,000 fine, serve 120 days of a 4-year term
of imprisonment and provide 400 hours of community service and placed on probation
for 5 years Duisen was sentenced to pay a $24,000 fine, serve 120 days of a 3-year
term of imprisonment and provide 400 hours of community service and placed on proba-
tion for 5 years Faulks was sentenced to pay a $12,000 fine and placed on proba-
tion for 5 years Marin-Sagristo was sentenced to pay a $5,000 fine and placed on
probation for 5 years
Facts Contents of tank containing pentachlorophenol dumped into catch basin at
steel mill facility in Steelville
04/21/86 Information filed charging Company with one count failure to notify of
release of hazardous substance in violation of CERCLA, Sec 103(b) [42 U S C
§9603(b)]
04/29/86. Company pled guilty and sentenced to $7,500 fine ($3,500 stayed) plus $25
special assessment and 2 years probation
Facts Abandonment of spent solvents and paint sludges at self-storage facility in
Broomfield, Colorado
04/25/86 Indictment filed charging defendant with 2 counts knowing storage and dis-
posal of hazardous waste without permit in violation of RCRA, Sec 3008(d)(2)A) [42
USC. §6928(d)(2)(A)]
09/29/86 Jury trial begun
10/02/86 After 4 days of trial, defendant acquitted of both counts.
Darrel A Ouisen
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 )
Arneson Timber Company, Inc
86-00097
(ED Mo )
John Michael Nelson
86-122
(D Colo )
-------
10/15/87 - 31
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Howard J Nybo
86-91
Frederick C Kiesinger
86-92
Duane Simmons
86-93
Will & Baumer, Inc
86-94
(N D NY)
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)(1) [33 U S C §§1311(a) amd 1319(c)(1)] and
two counts failure to report release of hazardous substance under CERCLA, Sec.
103(b) [42 USC. §9603(b)]
Kiesinger - Two counts discharge without permit under Clean Water Act, Sees
301(a) and 309(c)(1) and one count failure to notify under CERCLA, Sec 103(b)
Simmons - One count under Clean Water Act, Sees 301(a) and 309(c)(1)
Company - Two counts under Clean Water Act, Sees 301(a) and 309(c)(1), 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 USC. §371]
Defendants each pled guilty to all charges
06/10/86 Defendants sentenced as follows
Nybo - 1 year imprisonment (execution of sentence suspended), 2 years probation,
$24,000 total fine and 400 hours community service
Kiesinger - 3 months imprisonment (execution of sentence suspended), 2 years
probation, $12,000 total fine and 200 hours community service
Simmons - 3 months imprisonment (execution of sentence suspended), 2 years pro-
bation, $5,000 fine plus $25 special assessment and 100 hours community service
Company - $360,000 total fine ($300,000 stayed) plus $225 special assessment, 3
years probation with condition that Company commit no violation of environmental
laws
Willard L Kaser
86-00040
Nabisco Brands, Inc
86-00041
Wi11 lam 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 negli-
gently discharging pollutants without permit in violation of Clean Water Act, Sees
301(a) and 309(c)(1) [33 U S C §§l~311(a) and 1319(c)(1)] One-count information
filed charging Parks with conspiracy to discharge pollutants without permit [18
USC §371] Indictment returned charging Kaser with one count conspiracy, seven
counts mail fraud [18 USC. §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)(1)
05/14/86 Company and Parks entered guilty pleas to all counts charged
06/25/86 Kaser entered guilty plea 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 Victims Fund and 3 years probation
-------
10/15/87 - 32
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court Facts and Status
Willard L, Kaser, etc 07/18/86 Parks sentenced to $2,500 fine and 3 years probation plus 250 hours com-
(cont ) mumty service
09/12/86 Kaser sentenced to $5,000 fine and 1-year and 1-day term of imprisonment
of which he must serve at least 9 months and 18 days plus $75 assessment to Crime
Victims Fund
12/86 Fleischman's Yeast, Inc added to the "Consolidated List of Debarred, Sus-
pended and Ineligible Contractors" for an indefinite period.
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 (JSC §1001] and 56 counts willfully and negligently discharg-
ing pollutants without permit in violation of Clean Water Act, Sees 301(a),
309(c)(1) and 404 [33 U.S C. §§1311(a), 1319(c)(1) and 1344]
08/01/86 Defendant's motion to dismiss false statement count granted based on
"Exculpatory No" doctrine
08/04/86 Trial begins
08/07/86 After 4 days of trial, court ordered judgment of acquittal of all remain-
ing counts for each defendant
Facts Discharge of sand blast waste laden with toxic heavy metals including lead,
arsenic and copper into Lake Union and Duwamish River Company involved in ship
building operations R Woeck is president, P Woeck is vice president and superin-
tendent of new construction, Anderson is vice president and Brady is ship repair
superintendent
05/08/86 115-count indictment returned charging
R Woeck - One count conspiracy [18 U S C §371], 113 counts discharging pollu-
tants without permit in violation of Clean Water Act, Sees 301(a) and 309(c)(1)
[33 U.S C §§1311(a) and 1319(c)(1)] and one count obstructing navigable water-
way in violation of Section 10 of Rivers and Harbors Appropriations Act of 1899
[33 U S C §§403 and 406]
P Woeck and Anderson - One count conspiracy and 113 counts discharging pollu-
tants without permit.
Brady - One count conspiracy and 81 counts discharging pollutants without
permit
Company - 113 counts discharging pollutants without permit and one count
obstructing navigable waterway
12/01/86 Corporation, Peter and Richard Woeck and Anderson each pled guilty to two-
count information filed that date charging negligent discharge of pollutants in vio-
lation of Clean Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a) and
1319(c)(1)] Charges against Brady dismissed
04/10/87 Marine Power was sentenced to pay a $200,000 fine and placed on probation
for 3 years Richard Woeck was sentenced to pay a $4,000 fine, serve 5 days of a
1-year term of imprisonment and provide 300 hours of community service Peter Woeck
was sentenced to pay a $3,000 fine, serve 5 days of a 1-year term of imprisonment and
provide 300 hours of community service and placed on probation for 3 years Anderson
was sentenced to pay a $1,000 fine and placed on probation for 3 years
Facts* Spent abrasive blasting grit and paint particles discharged into Lake Union
Schwitters is chief operating officer
Bruce Norman Barker
Washington Boat Center, Inc
86-00127
(W D Wash )
Richard C Woeck
Peter F Woeck II
Lloyd Anderson
Frank Brady
Marine Power and Equipment, Inc
86-128
(W D Wash )
Paul D Schwitters
Sea Gleaner Marine, Inc
86-00129
(W 0 Wash )
-------
10/15/87 - 33
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Paul D Schwitters
(cont )
Robert E Derecktor of
Rhode Island, Inc
151 East Post Road Corporation, Inc
Robert E Derecktor
86-022
(D R I)
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)(1) [33 U S C §§1311(a) and 1319(c)(1)]
08/14/86 Jury returned guilty verdicts on three counts against each
defendant
10/06/86 Corporation sentenced to a $60,000 fine (all but $30,000 suspended) and
5 years probation plus $300 penalty assessment to Crime Victims Fund Schwitters
sentenced to $15,000 fine (all but $5,000 suspended) and placed on probation for
1 year plus $75 penalty assessment to Crime Victims Fund
Facts 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
Derecktor, Inc - 6 counts under TSCA for PCB violations [15 U S C §§2614(l)(c)
and 2615(b)], two counts failing to report release of PCB and asbestos in vio-
lation of CERCLA, Sec 103(b) [42 U S C §9603(b)], 29 counts discharging pollu-
tants from drydock without permit in violation of Clean Water Act, Sees 301(a)
and 309(c)(1) [33 U.S.C. §§1311(a) and 1319(c)(1)], two counts storage and dis-
posal of hazardous wastes without permit in violation of RCRA, Sec 3008(d)(2)
[42 U S C §6928(d)(2)], four counts violating NESHAP work practice standards
for asbestos removal in violation of Clean Air Act, Sees 112 and 113(c)(1) [42
U S C §§7413(c)(l)(C), 7412(c)(1)(B) and 7412(e)(5)] 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 I) 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 5 years
of probation for an additional count of violating TSCA
Custom Engineering, Inc
Bi1ly Closson
Roger Scoggins
John Sidwell
86-00513
(C D Cal )
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
Sidwell - Four counts mail fraud and four counts false statements, plus three
counts perjury [18 U S C §1623] for making false declarations to the grand
jury
12/10/86 Custom Engineering and Closson each pled guilty to five counts of making
false statements to the Federal government and four counts of mail fraud Scoggins
pled guilty to two counts of mail fraud and Sidwell pled guilty to two false state-
ment counts
Facts Submission of testing results and supporting documentation to EPA by auto-
mobile emissions testing ("gray market") laboratory in Garden Grove stating that
certain nonconforming vehicles were tested under required Federal testing procedures
and met applicable emission standards Closson is president, Scoggins is manager and
Sidwell works as technical director
06/10/86 36-count indictment returned charging each defendant as follows
-------
10/15/87 - 34
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court Facts and Status
Custom Engineering, Inc 03/31/87 Scoggins and Sidwell each placed on 5 years probation
(cont )
05/04/87 Custom Engineering was placed on 5 years probation and Closson was sen-
tenced to 6 months imprisonment and 5 years probation
Facts Transportation of used paint solvents and paint waste including acetone,
methyl ethyl ketone, toluene, xylene and N-butyl acetate to Denver facility Hamburg
is president and Moser is vice president
06/17/86 Five-count indictment returned charging one count treating hazardous wastes
without permit in violation of RCRA, Sec 3008(d)(2)(A) [42 U.S C §6928(d)(2)(A)],
two counts storing hazardous wastes without permit in violation of RCRA, Sec
3008(d)(2)(A), one count disposing hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2)(A) and one count making false statements to EPA [18 U S C
§1001]
07/22/86 Information filed charging Moser with one count failure to report release
of hazardous substances under CERCLA, Sec 103(b) [42 U S C §9603(b)]
07/31/86 Moser pled guilty to information
09/10/86 Moser sentenced to a $500 fine, 2 years of probation, a $25 assessment for
the Crime Victims fund and ordered to perform 200 hours of community service
10/30/86 Hamburg pled guilty to the two-count information charging him with viola-
tion of CERCLA reporting requirements [42 U S C §9603(b)(3)] which had been filed
the previous day
12/12/86 Hamburg sentenced to $2,000 fine, 2 years of probation and 120 hours of
community service He must also attend a course on hazardous waste
Hope Resource Recovery, Inc Air contamination source operated by refuse-incineration company in Long Island City,
86-00458 Queens without certification required under State Implementation Plan (SIP)
(ED NY) regulations
07/02/86 Information filed charging Company with seven counts violating Clean Air
Act, Sec 113(c)(l)(a)(n) [42 U S C §7413(c)(1)(a)(li)]
07/07/86 Company pled guilty to one count operating air contamination equipment
without valid certification
Jay Hamburg
(Metro Shop Supplies)
86-174
(D Colo )
Neil Moser
86-199
(0 Colo )
09/10/86 Corporation sentenced to a $10,000 fine
Arnold N Graham
(TWA)
86-00137
(WD 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 3 years and 6 months imprisonment (all but 6 months
suspended), $10,000 fine on conspiracy charge with additional 6 months of imprison-
ment, $10,000 fine on false reports charge, sentences to run consecutively, plus 5
years probation, 200 hours community service and $21,075 restitution to TWA
Cambridge Mill Products, Inc
Charles LeBeau, Jr
86-5089L
(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 [15 U S C §§2614 and 2615(b)] Defendents each pled guilty to
one count
-------
10/15/87 - 35
CHARGES AND DISPOSITIONS
Fiscal Year 1986 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Cambridge Mi 11 Products, Inc
11/19/86 Company and LeBeau each sentenced to joint and several liability for
(cont )
$25,000 fine, cleanup costs of $23,000 and LeBeau sentenced to 90 days probation
Ralph Burgholzer
Facts Raw sewage discharged into Colorado River through P0TW owned by Colorado
Lavell Mclntire
River Sewage System Joint Venture (JV) Mclntire is JV chairman of the board and
86-00261
Burgholzer is plant operator
(D Ariz )
09/17/86 Four-count indictment charged each defendant with discharging pollutants
into navigable waters without a permit in violation of Sees 301(a) and 309(c)(1) of
the Clean Water Act [33 U S C §§1311(a) and 1319(c)(1)]
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)(1) [33 U S C §1319(c)(l)]
08/31/87 Burgholzer was fined $7,500 and a $75 special assessment. Mclntyre was
fined $7,500 and must resign from post as chairman of Joint Venture Sewer System
-------
10/15/87 - 36
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
OFFICE OF CRIMINAL INVESTIGATIONS
CHARGES AND DISPOSITIONS
Fiscal Year 1987
Defendant(s)/Docket No /Court
Facts and Status
Irwin Pearlman
Salvatore C Williams
86-246
(WO Pa )
Edward F Wiatt
H86-278CR
(S D Tex )
Facts Williams, owner of former school building in residential area of Pittsburgh
and Pearlman, contractor who removed boiler and heating system, failed to comply with
NESHAPS work practice standards for asbestos Violations include failure to give
notice of intentions 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 com-
ply with NESHAPS standards in violation of Clean Air Act, Sees. 112(c) and
113(c)(1)(C) [42 USC §§7412(c) and 7413(c)(1)(C)] and one count failure to comply
with EPA administrative order in violation of Clean Air Act, Sec 113(c)(1)(B)
[42 U S C 7413(c)(1)(B)]
12/30/86 Defendants pled guilty to two counts of violating NESHAPS standards and
each sentenced to $1,000 fine
See Information Sheet for Fiscal Year 1986 Fred Fincher Motors
USM Corporation
86-365F
(D Mass )
Facts J C Rhodes Division of corporation failed to submit reports on wastes dis-
charged to local P0TW from electroplating operations of its New Bedford plant for the
production of shoe components
11/10/86 41-count indictment filed charging Company with 32 counts failure to com-
ply with pretreatment standards in violation of Clean Water Act, Sees 307 and 309(c)
[33 USC §§1317 and 1319(c)], five counts discharge of wastewater into P0TW in vio-
lation of Clean Water Act, Sees 307 and 309(c), and four counts failure to submit
required reports in violation of Clean Water Act, Sees 307, 308 and 309(1) [42
USC §§1317, 1318 and 1319(c)]
12/30/86 Company pled guilty to all 41 counts and sentenced to fine of $1,025,000
with $225,000 suspended if Company completes construction of wastewater treatment
system by 10/03/87
Daniel Lee Turner Facts In May 1986, waste "restricted-use" pesticides, including parathion, lindane,
86-332-1 strychnine, endrin, dieldrin and 2,4,5-T, were dumped along and into the Okanogan
(E D Wash ) River near Malott, Washington. Turner is a certified pesticide applicator
11/17/86 Eight-count indictment filed charging defendant with six counts disposal
of hazardous waste without a permit in violation of RCRA, Sec 3008 [42 USC
§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 [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 0 Ark )
Facts The Food and Drug Administration discovered contamination of dairy products
with heptachlor, a carcinogenic pesticide J E.W , Inc succeeded White Flame Fuels,
Inc in manufacturing fuel grade alcohol and producing 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.
-------
10/15/87 - 37
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont.)
Defendants )/Docket No /Court Facts and Status
Jack E White 11/21/86 52-count indictment resulted from use of seed treated with aldrin, captan,
(cont ) dieldrin, heptachlor or methoxychlor and grain contaminated with aflatoxin to manu-
facture alcohol and then mixing the adulterated or contaminated mash with animal feed
that was sold to dairy farmers
Specific charges are as follows
J White and McBride - one count conspiracy [18 U S C §371], eight counts mail
fraud [18 U.S C §1341], 13 counts wire fraud [18 U.S C §1343], one count rack-
eteering [18 U S C §1962(c)], five counts interstate transportation of money
taken by fraud [18 U S C §2314], six counts adulterating food [21 U S C
§§331(d) and 333(b)], 11 counts interstate sales of adulterated food [12 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)(1)] 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
H White - Seven counts mail fraud, 10 counts wire fraud, one count racketeer-
ing, four counts interstate transportation of money taken by fraud, six counts
adulterating food and 11 counts interstate sales of adulterated food
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
s J White, McBride an 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, Orug and Cosmetic Act J White and Mc8ride three counts discharg-
ing 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 3 years imprisonment
Brownie McBride was fined $7,500 and sentenced to 1 year and 1 day imprisonment
Jerry Findley was fined $5,000 and 3 months probation Henry White was sentenced to
1 year and 1 day imprisonment
Ray Kelley See Information Sheet for Fiscal Year 1984 Performance Advantage
Euro-Auto Ltd , Inc Facts Strecker, an automobile dealer in Auburn, his wife, Barbara and Euro-Auto
James S Strecker, Jr Ltd , Inc , the corporate dealership, are involved in auto importation
Barbara A Strecker
86-95TB 12/17/86 74-count indictment returned charging defendants with violations arising
(W D Wash) 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 state-
ments Specific charges are as follows
J Strecker and Company - Two counts conspiracy (one for odometer fraud) [18
USC §371], 40 counts making false statements to three Federal agencies [18
USC §1001], 18 counts smuggling [18 USC §545] and 14 felony counts for the
roll-back of odometer mileage settings [18 U.S C §1990
-------
10/15/87 - 38
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Euro Auto
James Strecker
Barbara Strecker
(cont )
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 odom-
eter 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
Victims Fund James Strecker, Jr was fined $15,000, 5 years imprisonment with
execution of all but 3 months suspended, 5 years probation and ordered to pay $1,075
to the Crime Victims Fund
W R Grace
87-27
(0 Mass )
Custom Food Machinery
Ronald McNiel
Eugene Welch
87-20002
(N D Call )
Jay Woods Oil, Inc
Edmund Woods
87-20012
(E 0 Mich )
09/02/87 Barbara Strecker pled guilty to a two-count superceding information charg-
ing her with submitting false documents to the Customs Service in violation of 26
USC §7207 She was sentenced on the same day to 1 year probation and ordered to
pay $50 to the Crime Victims 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 owner-
ship 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
Facts W R Grace Co submitted a letter to EPA Region I in response to a Request
for Information issued under Section 3007 of RCRA
01/28/87 A Federal grand jury in Boston indicted the W R Grace Co on two felony
counts of making false statements to EPA in violation of 18 U S C §1001 The Com-
pany was charged with making the allegedly false statements in 1982 in a letter con-
cerning the amounts of certain chemicals (trichloroethylene and acetone) used at or
purchased for W R Grace's Cryovac Oivision plant in Woburn, and the types of chlor-
inated solvents (such as trichloroethylene, toluene, acetone and 1,1,1-trichloro-
ethane) 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
Facts Ronald McNiel is president and owner of Custom Food Machinery and Eugene
Welch is an employee
01/29/87 Custom Food Machinery, McNiel and Welch each pled guilty to a one-count
TSCA criminal information filed in San Francisco The count arose from the defend-
ants' illegal burial on the firm's property of a large transformer containing and
leaking PCBs in excess of 50 ppm in violation of TSCA Sections 14 and 15 [15 USC
§§2614 and 2615(b)] Custom Food was fined $15,000 and placed on 3 years probation,
while McNiel was fined $5,100 and given 2 years probation Welch was sentenced to
2 years probation
Facts Jay Woods Oil, Inc , operated a number of underground injection wells in con-
junction with its oil recovery operation EPA discovered plugs installed on four
wells during a mechanical integrity test
02/13/87 A Federal grand jury indicted Jay Woods Oil, Inc , and its vice president,
Edmond 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 deciving 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 USC §1001]
05/20/87 The corporation was fined $1,000 and assessed $200 on each count and
placed on probation Woods was assessed $50 on each count and sentenced to 9 months
incarceration on each count to be served concurrently He will be considered for
release upon serving 3 months
-------
10/15/87 - 39
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont.)
Defendants )/Docket No /Court
Facts and Status
Frank Lynch
Facts Lynch, a former employee of Woods Contracting, was present when Woods
87-CR-20017BC
installed the plugged nipple on the Lake Isabella well
(E D Mich )
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 superceding 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 6 months imprisonment, imprisonment suspended, placed
on 2 years probation for violation of 18 U S C §401(3)
Joseph Tietelbaum
Facts Joseph Tietelbaum, president of LMT Steel of Hoboken, controls TNT Realty
87-75
which owns a warehouse in Edison A semi-trailer abandoned in a vacant lot in Newark
(D NJ)
contained 59 drums of chemicals alleged to have come from that warehouse
03/03/87 A Federal grand jury in Newark returned a four-count indictment charging
Tietelbaum with one count conspiracy in violation of 18 U S C Section 371 and three
counts for transporting hazardous waste without a manifest form to an unpermitted
disposal facility in violation of RCRA [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 2
years probation
Marathon Development
Facts Marathon scraped, leveled and piled debris in wetlands on part of a 117-acre
Terrence Geoghegan
site in Seekonk, Massachusetts in order to build an access road for the construction
87-129MC
of a 150-store mall and cinema Geoghegan is one of Marathon's senior vice
(D Ma )
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 Octo-
ber 16, 1986, in violation of the Clean Water Act [33 U S C §§1311 and 1319]
Freeman Krum
Facts Krum operated a metal reclamation facility in Montours County which received
87-0071
a truckload of used electrical transformers The transformers were drained and used
(M D Pa )
for scrap metal
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 [15 II S C
§§2614, 2615(b) and 2605(e)] 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 con-
currently and costs of $25 on each count
John Meyer
Facts Meyer imported foreign automobiles for sale in the United States A 5-year
87-10060M
exemption was claimed for two Mercedes Benz that were subsequently resold
(ED Mo )
04/23/87 Meyer pled guilty to an information charging two counts of violating the
Clean Air Act [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 2 years of probation and ordered to
pay $2,600 in restitution to Missouri
Denver Sanitary
Facts. Denver Sanitary is a waste hauling and disposal company Giardino is the
Frank R Giardino
Company vice president, Hughes and Fedorowicz are supervisors Wastes collected by
Donald C Hughes
the Company were dumped into local sewer systems
Andrew Fedorovncz
87-CR-117
(0 Colo )
-------
10/15/87 - 40
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont )
Defendant(s)/Docket No /Court Facts and Status
Denver Sanitary 04/24/87 A 22-count indictment was filed charging each defendant with one count of
(cont ) conspiracy [18 U S C §371] and four counts of transportation of hazardous waste to
an unpermitted facility, a violation of RCRA [42 U S C §6928(d)(l)] The additional
charges are as follows
False statements ^[18 U S.C §1001] - the Company two counts, Giardino one count
Oischarge of pollutants in violation of the Clean Water Act [33 U S C §§1317(b)
and (d) and 1319(c)(1)] - the Company and Giardino four counts each
Unpermitted disposal of hazardous waste in violation of RCRA [42 U S C §6928
(d)(2)(A)] - the Company, Giardino and Hughes six counts each, Federowicz two
counts
Making a false statement in violation of RCRA [42 U S C §6928(d)(3)] - the Com-
pany 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
09/04/87 The Company was fined $85,000, $40,000 suspended if the Company complies
with all environmental laws during 3-year probationary period and ordered to perform
community service The trial for the remaining three defendants has not been
scheduled
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 [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
§9603(b)] 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 violation of RCRA [42 U S C 56928(d)(2)(A)]
08/14/87 The Company was fined $1 00 and $200 special assessment. Defendant
Demshar was sentenced to pay a $10,000 fine
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 [33 U S C §§1311(a) and 1319(c)(1)] and nine counts of storage and
disposal of hazardous wastes in violation of RCRA [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 Transpor-
tation Act [49 USC §§1804 and 1809(b)] and three counts of knowingly endangering
its employees by directing them to handle hazardous wastes in a manner that repre-
sented an imminent danger to them of death or serious bodily injury, a violation of
RCRA [42 U S C §6928(e)]
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 con-
taining PCB-contaminated oil into the Missouri River and at nine other locations
including the Lake of the Ozarks Moran is an inmate at the Missorui Training Center
for Men serving a 15-year sentence for an armed robbery conviction
Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr
87-CR-116
(D Colo )
Protex Industries
Donald James Wilson
Charles Verta Hyatt
87-CR-115
(D Colo )
John Moran, Jr
87-00107-01-CR-2-8
(WD Mo )
-------
10/15/87 - 41
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont )
0efendant(s)/Docket No /Court
Facts and Status
John Moran, Jr
(cont )
05/18/87 A six-count indictment was filed charging Moran with giving false state-
ments after he admitted fabrication of the entire PCB-dumping story [18 U.S.C
§1001]
Merlyn Pollock
87-00148-1-CR-W-8
(WO 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 USC §§2614
and 2615] and one count of violating RCRA [42 U S C §6928(d)]
Albert S
87-488
(E 0 NY)
Tumin
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
07/14/87 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 [42 U S C §6928(d)(l)], one count knowing endangerment by dis-
posing of hazardous wastes with the knowledge that it placed another person in immi-
nent danger of death or serious bodily injury in violation of RCRA Sec 3008 [42
USC §6928(e)] and one count failure to notify of the release of a hazardous sub-
stance into the environment in violation of CERCLA Sec 103(b) [42 USC §9603(b)].
Also charged with 18 U S C §3623 on each count
07/22/87 Tumin arraigned in U.S District Court, ED NY on $100,000 bail
11/02/87 Trial to begin
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
Johan Seale
Ulf Aune
CR-H-87-220
(S D TX)
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 bulk chemical storage and transfer marine terminal which transfers
liquids to and from storage tanks via rail, truck, barge and ship and generates pro-
cess wastes from tank and line cleaning, washdown of spills and rainfall in the
transfer areas Hazardous wastewater was collected in two storage tanks and dis-
posed of at sea through chemical tanker ships of the Odfjell Westfal-Larsen line
Haavar Nordberg was executive vice president of OWL (USA), Inc , Roy Johnsen was
operations manager for Baytank, Larry Pipkin, Jr was traffic manager for Baytank,
Donald Gore was a Baytank employee responsible for environmental matters, R C
Tercic (AKA Milko Tercic) was responsible for construction of the Baytank facility in
Seabrook, Texas and the remaining 14 defendants were ship masters and chief officers
Baytank (Houston), Inc is located on the Bayport Turning Basin in Harris County,
Houston, Texas This is the first criminal case brought under the Ocean Dumping Act
09/03/87 Grand Jury in Houston handed down a 37-count indictment charging 21
defendants with conspiracy [18 USC §371] and various violations of the Marine Pro-
tection, Research and Sanctuaries Act (MPRSA - Ocean Dumping Act) [33 USC
§§1411(a)(l) and 1415(b)] by knowingly transporting material and cause material to be
transported from the US 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 pollu-
tants into navigable water of the U S without a permit Violating RCRA Sec 3008
(d)(2)(A) [42 USC §6928(d)(2)(A)] by treatment, storage and disposal of hazardous
wastes at an unpermitted facility, violating RCRA Sec 3008(d)(3) [42 USC §6928
(d)(3)], by making false statements, violating RCRA Sec 3008(d)(5) [42 USC §6928
(d)(5)] by knowingly transporting or cause to transport hazardous wastes without a
manifest or shipping papers, violating RCRA Sec 3008(e) [42 USC §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
-------
10/15/87 - 42
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont )
Defendants)/Docket No./Court
Facts and Status
Francis Susan Moose
(Jarrett's Water & Waste
Water Service)
87-101
(W D VA)
Samar Chatterjee
CR-87-656
(N D 111 )
Reidy Terminal, Inc
87-00178 CR (4)
(ED Mo )
Wisconsin Barge Line, Inc
87-180CR (M2)
(ED Mo )
Anthony DeJohn
87-00181CR (M4)
James Johnson
87-00
(ED Mo )
Patrick W
87-0059
(S D Oh )
Paciesas
Facts Francis Susan Moose was Jarrett's Water & Waste Water Services' one employee
other than owner, Jarrett
09/17/87 Moose appeared before a Federal Grand Jury and confessed to falsifying
Discharge Monitoring Reports (OMRs) provided by Jarrett's Water and Waste Water Serv-
ices to its municipal clients She then pled guilty to a 10-count information charg-
ing her with violating the Clean Water Act [33 (JSC §§1318(a) and 1319(c)(1)] She
was sentenced to 1 year probation and a $500 fine on the information counts, $200
restitution to the Old Dominion Job Corps and $250 assessment to the Victims Fund
[18 U S C 3013]
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
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 CWA [18 U S C. §371], 11
counts of submitting false CWA documents [18 U S C §1001] and 20 counts of mail
fraud involving CWA [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
Facts Reidy Terminal, Inc is 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 [33 U S C §§1311(a) and
1319(c)(1)] The Company pled guilty to the five-count charge on the same day
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)(1)
[33 U S C §§1311 and 1319(c)(1)], one count failure to report discharge in violation
of CWA, Sec 311(b)(5) [33 II S C §1321(b)(5)], and one count discharge of refuse in
violation of Sec 13 of Rivers and Harbors Appropriation Act of 1899 (Refuse Act)
[33 USC §§407 and 411] DeJohn pled guilty to one count of unpermitted discharge
of pollutants [33 USC §§1311 and 1319(c)(1)] and one count unpermitted discharge
of waste [33 U S C §§407 and 411], one count of failure to report discharge was dis-
missed 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)(1) [33 USC
§§1311 and 1319(c)(1)] Johnson pled guilty to one count information on 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 3 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 3 years probation, 100 hours of community service and
$25 special assessment
Facts Patrick W Paciesas was president of Sea Bright Environmental Company, Inc
Sea Bright was an Ohio corporation authorized to do business in Kentucky for the pur-
pose of removal, transportation and disposal of hazardous waste and decommissioning
of electrical transformers and capacitors. Sea Bright contracted for the transporta-
tion and disposal of polychlorinated biphenyls (PCBs) and PCB items
-------
10/15/87 - 43
CHARGES AND DISPOSITIONS
Fiscal Year 1987 (cont )
Defendant(s)/Docket No /Court
Facts and Status
Patrick W Paciesas
(cont )
08/03/87 One-count information filed charging that Paciesas knowingly and willfully
disposed oil contaminated with PCBs by spilling, leaking or dishcarging PCB-
contaminated oil on the ground in violation of TSCA [15 (JSC §§2614 and 2615(b)]
and regulations promulgated by EPA under 40 CFR §§761.60.
08/03/87 Paciesas pled guilty to one cpunt of storage and disposal of PCBs contami-
nated oil in an unlawful manner, a misdemeanor
09/28/87 Paciesas sentenced to 2 years probation, 100 hours of community service
and mandatory enrollment in an alcohol treatment program
Patrick E Perrin
87-00187-01-CR-W-9
(WD 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 Ten-count indictment charging Perrin with one count of conspiracy in vio-
lation of [18 U S C §371], six counts of making false statements in violation of
[18 USC §1001] and three counts of violating TSCA PCB rule [15 11 S C §§2614 and
2615(b)]
-------
PART 2 - STATUTORY AUTHORITIES
Section I Resource Conservation and Recovery Act (RCRA)
Section II Clean Air Act (CAA)
Section III Clean Water Act (CWA)
Section IV Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA)
Section V Toxic Substances Control Act (TSCA)
Section VI Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) (Superfund)
-------
SECTION I
Resource Conservation and Recovery Act (RCRA)
Resource Conservation and
Recovery Act (RCRA) 42 USC §§ 6901-6991
PL 94-580
PL 96-482
PL 98-616
Emergency Planning and Community
Right to Know Act (EPCRA) 42 USC 11045
PL 99-499
Hazardous Materials Transportation
Act (HMTA) 49 USC §§ 1801-1813
PL 93-633
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10/15/87 - 1
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY
Defendant(s)/Docket No /Court
Facts and Status
EPA Region I
Facts- Wastewater discharged from large leather tanning facility in Winchester into
Ashuelot River in violation of NPDES permit Plug in pipe removed, allowing dis-
charge to bypass facility's treatment plant and flow directly from holding tank into
river, despite fact that Company had received $238,420 from EPA in research and grant
funds for demonstrating process to meet best available treatment standards for tan-
ning industry covering all pollutants generated during manufacturing operations
Marshall was president, Goodspeed, vice president, Johnson, plant superintendent,
Stone, director of manufacturing and Barber was former director of maintenance and
engineering
A C Lawrence Leather Company, Inc
Lawrence K Barber
Francis E Stone
Richard S Johnson
Weymouth E Marshall
Robert F Goodspeed
82-00037
(D N H )
A C Lawrence Leather Company,
Weymouth E Marshall
Robert F Goodspeed
Francis E Stone
Bernard Davis
83-00007
(0 N H )
12/15/82. 68-count indictment returned against Company and employees charging
Company - One count conspiracy [18 U S C §371], 5 counts mail fraud [18 U S C
§1341], 43 counts discharge of pollutants in violation of NPDES permit under
Clean Water Act, Sees 301(a) and 309(c)(1) [33 U.S C. §§1311(a) and
1319(c)(1)], 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
Marshall - 43 counts of discharges in violation of Clean Water Act
Goodspeed - 43 counts of discharges in violation of Clean Water Act.
03/10/83 Individual defendants each pled guilty after Government's opening argument
at trial.
Barber and Stone - Five counts under Clean Water Act and one count false
statements
Marshall and Goodspeed - Five counts under Clean Water Act.
Johnson - Ten counts under Clean Water Act
04/07/83 Company convicted by jury on all counts (See following section for
sentencing information)
Inc Facts Same defendants plus Davis, foreman at the Winchester facility, generated,
stored and released degreasing solvent (tetrachloroethylene) and its sludges and
conspired to cover up the fact by falsifying reports
01/25/83 Company and individuals charged in second 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 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
-------
10/15/87 - 2
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No./Court
Facts and Status
A C Lawrence Leather Company, Inc.
(cont )
EPA Region I (cont )
Stone - One count storage of hazardous waste, one count disposal of hazardous
waste, two counts false statements, one count failure to notify of release of
hazardous substances and one count failure to notify of existence of hazardous
waste facility
Davis - One count storage of hazardous waste, one count disposal of hazardous
waste and one count failure to notify of release of hazardous substances
04/29/83 Superseding information filed charging two additional counts
Company - One count submittal of false statements under RCRA, Sec 3008(d)(3)
[42 U S.C. §6928(d)(3)]
A C Lawrence Company,
Robert F Goodspeed
83-00020
(0 N H )
Inc
Goodspeed - One count failure to notify of release of hazardous substances under
CERCLA, Sec 103(b) [42 U.S C. §9603(b)]
04/29/83. Company and three individual defendants pled guilty as follows
Company - One count storage of hazardous waste, one count disposal of hazardous
waste, one count failure to notify of release of hazardous substances, one count
failure to notify of existence of hazardous waste facility and one count sub-
mittal of false statements under RCRA, Sec. 3008(d)(3)
Marshall - One count failure to notify of existence of hazardous waste facility.
Goodspeed - One count failure to notify of release of hazardous substances and
one count failure to notify of existence of hazardous waste facility
Stone - One count storage of hazardous waste, one count failure to notify of
release of hazardous substances and one count failure to notify of existence of
hazardous waste facility
04/29/83 Defendants sentenced simultaneously under Clean Water Act and RCRA indict-
ments (and superseding information) as follows
Company - Fined under first indictment $5,000 on conspiracy count, $200 on
each mail fraud count for sum of $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
5 years probation under each set of charges, to run concurrently, and required
to repay $238,420 it had received from EPA in federal grant funds
Barber - Under first indictment only, for five Clean Water Act counts 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service activities, and $2,500 fine on each count for sum of $12,500, for
false statement count, 1 year imprisonment (execution suspended) plus 2 years
probation (to be served concurrently) and $5,000 fine for total of $17,500
Stone - Under first indictment, same sentence as for Barber Under second
indictment for RCRA storage count, 1 year imprisonment (execution suspended)
plus 2 years probation (to be served concurrently) and $5,000 fine, for 2 CERCLA
counts and one RCRA storage count, 1 year imprisonment (execution suspended)
plus 2 years probation (also to be served concurrently) $5,000 on RCRA count
and $2,500 fine on each CERCLA count for total of $10,000 under second indict-
ment and grand total under both indictments of $27,500
Johnson - Under first indictment, for 10 Clean Water Act counts 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service and $2,500 fine on each count for sum of $25,000 with all but
$5,000 suspended
-------
10/15/87 - 3
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region I (cont )
Marshall - Under first indictment for five Clean Water Act counts 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service and $2,500 fine on each count for sum of $12,500 Under second
indictment, for CERCLA, Sec. 103(c) count, 1 year imprisonment (execution sus-
pended) plus 2 years probation (to be served concurrently) and $5,000 fine (with
all but $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 1 year
imprisonment (execution suspended) plus 2 years probation and 200 hours of com-
munity service activities and $2,500 fine on each count for sum of $15,000
Under second indictment, for 2 CERCLA counts, 1 year imprisonment (execution
suspended) plus 2 years probation (to be served concurrently) and $5,000 fine on
each count for 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 3 years (to
04/11/87)
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
Derecktor, Inc - 6 counts under TSCA for PCB violations [15 U S C. §§2614(l)(c)
and 2615(b)], two counts failing to report release of PCB and asbestos in vio-
lation of CERCLA, Sec 103(b) [42 U S C §9603(b)], 29 counts discharging pollu-
tants from drydock without permit in violation of Clean Water Act, Sees 301(a)
and 309(c)(1) [33 U S C. §§1311(a) and 1319(c)(1)], two counts storage and dis-
posal of hazardous wastes without permit in violation of RCRA, Sec 3008(d)(2)
[42 USC §6928(d)(2)], four counts violating NESHAP work practice standards
for asbestos removal in violation of Clean Air Act, Sees 112 and 113(c)(1) [42
U S C §§7413(c)(l)(C), 7412(c)(1)(B) and 7412(e)(5)] and one count violation of
Hazardous Materials Transportation Act (HMTA) [49 USC §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 5 years
of probation for an additional count of violating TSCA
EPA Region II
Facts Over 3-day period, federal agents saw workers attach pump to tank containing
hazardous wastes and pump substantial quantities of degreasers and other industrial
chemicals into trench, including dichlorobenzene, 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
A C Lawrence Leather Company, Inc
(cont )
Robert E Derecktor of
Rhode Island, Inc
151 East Post Road Corporation, Inc
Robert E Derecktor
86-022
(D. R I)
Johnson & Towers, Inc
Peter Angel
Jack W. Hopkins
83-00083
(0 N J )
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10/15/87 - 4
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendants )/Docket No /Court
Johnson & Towers, Inc
(cont )
Peter Johnson
86-3134C
(D N J )
Fried Industries, Inc
85-58
(D N J )
Charles Colbert
Jack Colbert
Signo Trading International, Ltd
SCI Equipment and Technology, Ltd.
85-1134
(SO NY)
Facts and Status
EPA Region II (cont )
03/29/83 Five-count indictment returned against Company, Angel and Hopkins charging
each defendant with three counts disposal of hazardous wastes without permit in vio-
lation of RCRA, Sec 3008(d)(2) [42 U S C §6928(d)(2)], one count discharge of
pollutants without NPDES permit in violation of Clean Water Act, Sees 301 and 309
(c)(1) [33 U S C §§1311 and 1319(c)(1)], and one count conspiracy [18 U S C §371]
07/08/83
fine
Company pled guilty to three counts under RCRA and sentenced to $20,000
09/06/83 Substantive RCRA charges against individuals dismissed, leaving aiding and
abetting counts under RCRA plus substantive Clean Water Act and conspiracy counts.
08/15/84 On appeal, Third Circuit reversed dismissal of substantive RCRA counts
against individuals and remanded case to district court for trial of those counts
10/10/84 Angel filed petition for certiorari in United States Supreme Court Gov-
ernment subsequently filed response in opposition to petition
02/19/85 Supreme Court denied Angel's petition for certiorari
01/02/86 Angel and Hopkins entered into pretrial diversion agreement with United
States Attorney's Office Indictment dismissed against each
03/31/86 Information filed charging Peter Johnson with one count discharging pol-
utants without NPDES permit in violation of Clean Water Act, Sees 301 and 309(c)(1)
[33 U S C §§1311 and 1319(c)(1)]
04/30/86 Johnson pled guilty to Clean Water Act count
06/17/86 Johnson sentenced to $2,500 fine
Facts Manufacturer of cleaning agents and detergents stored and disposed of indus-
trial chemicals containing methylene chloride, trichloromethane, phenanthrene and
bis-phthalate without permit and without notification to EPA
07/31/85 Company waived indictment and pled guilty to two-count information filed
same date charging one count storage of hazardous waste without permit in violation
of RCRA, Sec 3008(d)(2) [42 U S C §6928(d)(2)] and one count failure to notify of
release of hazardous substance under CERCLA, Sec 103(b) [42 U S C §9603(b)] Com-
pany sentenced on same date to $40,000 fine
Facts President (Charles Colbert) and vice president (Jack Colbert) of chemical
trading business in Mount Vernon shipped recycled chlorinated solvent mixture con-
taining only 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 filed charging Charles and Jack Colbert with one
count conspiracy, 15 counts wire fraud, six counts mail fraud, six couts false state-
ments, one count making false claims and one count obstruction of justice Both
Companies charged with same counts except for obstruction of justice
06/02/86 Trial began
06/09/86 After 6 days of trial, jury verdicts of guilty returned against Charles
and Jack Colbert (27 felony counts each) and against Signo Trading and SCI (26 felony
counts each)
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10/15/87 - 5
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Oefendant(s)/Oocket No /Court Facts and Status
EPA Region II (cont )
07/28/86. Both Colberts sentenced to total 13 years imprisonment each (to run con-
secutively with other State or Federal sentences), $1,350 in costs under Comprehen-
sive Crime Control Act and $66,000 restitution Jack Colbert also fined additional
$50,000 on conspiracy count. Each Company fined $250,000 and $1,300 in costs
Facts: Discharge of pollutants, including phosphoric acid, arsenic, lead, chromium,
phosphorus, nickel and manganese, through ditch or stream into Ley Creek without
notice to National Response Center Company is candle making factory near Onondaga
Lake Nybo is executive vice president, Kiesinger is vice president in charge of
manufacturing and Simmons is plant maintenance engineer
05/02/86 Each defendant charged under separate indictment, all filed on same date
as follows
Nybo - Two counts discharging pollutants without permit in violation of Clean
Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a) amd 1319(c)(1)] and
two counts failure to report release of hazardous substance under CERCLA, Sec
103(b) [42 USC. §9603(b)]
Kiesinger - Two counts discharge without permit under Clean Water Act, Sees
301(a) and 309(c)(1) and one count failure to notify under CERCLA, Sec 103(b)
Simmons - One count under Clean Water Act, Sees 301(a) and 309(c)(1)
Company - Two counts under Clean Water Act, Sees 301(a) and 309(c)(1), 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 - 1 year imprisonment (execution of sentence suspended), 2 years probation,
$24,000 total fine and 400 hours community service
Kiesinger - 3 months imprisonment (execution of sentence suspended), 2 years
probation, $12,000 total fine and 200 hours community service.
Simmons - 3 months imprisonment (execution of sentence suspended), 2 years pro-
bation, $5,000 fine plus $25 special assessment and 100 hours community service
Company - $360,000 total fine ($300,000 stayed) plus $225 special assessment, 3
years probation with condition that Company commit no violation of environmental
laws
Joseph Tietelbaum Facts- Joseph Tietelbaum, president of LMT Steel of Hoboken, controls TNT Realty
87-75 which owns a warehouse in Edison A semi-trailer abandoned in a vacant lot in Newark
(D NJ) contained 59 drums of chemicals alleged to have come from that warehouse
03/03/87 A Federal grand jury in Newark returned a four-count indictment charging
Tietelbaum with one count conspiracy in violation of 18 U S C Section 371 and three
counts for transporting hazardous waste without a manifest form to an unpermitted
disposal facility in violation of RCRA [42 USC §§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 USC §6928(d)(5)]
07/30/87. Tietelbaum sentenced to pay $20,000 fine, assessed $50 and placed on 2
years probation
Charles Colbert, etc
(cont.)
Howard J Nybo
86-91
Frederick C Kiesinger
86-92
Duane Simmons
86-93
Wi11 & Baumer, Inc
86-94
(NO NY)
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10/15/87 - 6
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region II (cont )
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
07/14/87 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 [42 U S C §6928(d)(l)], one count knowing endangerment by dispos-
ing 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(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)] Also
charged with 18 ll.S.C. §3623 on each count
07/22/87 Tumin arraigned in U S District Court, E.D NY on $100,000 bail
11/02/87 Trial to begin
EPA Region III
Facts Industrial sludges and wastes deposited at Old Forge Borough sanitary land-
fill site Lackawanna denied to EPA that disposal had occurred. Iacavazzi was pres-
ident of Lackawanna
11/16/82 Two-count indictment filed charging
Northeastern and Iacavazzi - One count failure to notify of existence of hazard-
ous waste facility in violation of CERCLA, Sec 103(c) [42 U S C §9603(c)]
Lackawanna - One count making false statements [18 U S C §1001]
04/13/83 Both Companies pled guilty Plea agreement contained confession of lia-
bility by parties and provision whereby Companies agreed to comply with terms of
administrative order to be issued under RCRA, Sec 3008 ensuring that proceeds of
sale of land owned by Companies would be turned over to Superfund for cleanup costs
05/10/83 Lackawanna and Northeastern each sentenced to $10,000 fine. Charges
against Iacavazzi dismissed upon his agreement to cooperate
Michael Yaron Facts Joint EPA/FBI investigation Hazardous wastes, including 1,1,1 trichloro-
Barak Yaron ethane, toluene, phenol, cresols, corrosive acid, benzene, xylene and methylene
Quality Research Labs, Inc chloride generated, stored and systematically dumped onto ground at site and into
(Commmercial Research Labs) drains and toilets at facility in Corwalls Heights False responses also made on EPA
83-00170 Hazardous Waste activity questionnaire Michael Yaron was president, principal
(E 0 Pa ) 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 sub-
mission 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
Michael Yaron - Two counts false statements [18 U S C §1001], two counts stor-
age and disposal of hazardous wastes without permit under RCRA, Sec
3008(d)(2)(A) [42 U S C. §6928(d)(2)(A], and one count failure to notify of
release of hazardous substance under CERCLA, Sec. 103(b) [42 U.S.C.
§9603(b)]
Barak Yaron - One count disposal of hazardous wastes
Albert S Tumin
87-488
(E D NY)
Lackawanna Refuse Removal, Inc
Northeastern Land Development Co
Peter Iacavazzi
82-00173
(M D Pa )
Company - One count failure to notify of release of hazardous substances and two
counts storage and disposal of hazardous waste.
-------
10/15/87 - 7
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Facts and Status
Barak Yaron
83-00282
(ED Pa )
EPA Region III (cont )
08/16/83 Superseding information filed charging Barak Yaron with one count under
CERCLA, Sec 103(b)
08/01/83. Barak Yaron - Pled guilty to one count failure to notify of release of
hazardous substance under CERCLA
08/03/83 Company - Pled guilty to one count disposal of hazardous wastes
08/23/83 Michael Yaron - Pled guilty to one count disposal of hazardous wastes
without RCRA permit and one count failure to notify of release of hazardous substance
under CERCLA
09/26/83 Defendants sentenced as follows
Barak Yaron - $2,000 fine plus 3 years probation
Company - $10,000 fine
Michael Yaron - $5,000 fine plus 2 years imprisonment (all but 6 months sus-
pended) plus 5 years probation on RCRA count On CERCLA count, $5,000 fine plus
1 year imprisonment (all but 6 months suspended) and 5 years probation (impris-
onment and probation to run concurrently with RCRA disposal count)
01/24/84 Sentence of Michael Yaron modified Restitution reduced to $55,600
George Henry Garson Facts Waste solvents introduced into P0TW causing potential fire and explosion
(Barrett Chemical Company) hazard Garson was 71-year-old former president
85-00001
(ED Pa ) 01/03/85 One-count information filed charging defendant with violation of pre-
treatment standards under Clean Water Act, Sees 307(b)(1) and 309(c)(1) [33 U.S C
§§1317(b)(1) and 1319(c)(1)]
01/05/85 Defendant pled guilty
01/10/85 Defendant sentenced to $2,500 fine and 3 years probation, including 2
hours per week community service during first year
Robert Clements, Inc
85-00069
(ED Va )
Arthur J Greer
85-00105
(M 0 Fla )
Facts Failure to notify EPA of release of hazardous substance in excess of one
pound from facility in Alexandria
04/03/85 Company entered guilty plea to one-count information filed same day charg-
ing failure to report release of hazardous substance in violation of CERCLA, Sec
103(b) [42 U S C §9603(b)]
04/26/85 Company sentenced to and paid $4,000 fine.
EPA Region IV
Facts Proprietor and operator of four now defunct hazardous waste handling com-
panies 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 sub-
stance under CERCLA, Sec 103(b) [42 U S C 59603(b)], one count making false claim
[18 USC §287], one count mislabeling hazardous waste under RCRA, Sec 3008(d)(3)
[42 USC §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
-------
10/15/87 - 8
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region IV (cont )
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 filed by government
09/15/86 Unpermitted disposal and failure to notify counts dismissed
09/16/86 Defendant sentenced to 5 years imprisonment (all but 3 months suspended),
4 years and 9 months probation, 1,000 hours community service and $23,000 fine
09/23/86 Defendant filed notice of appeal
Facts Pollutants discharged through hose from lagoon into water by facility proces-
sing waste oil and jet fuel (Performance Advantage) Hazardous waste from company in
business of removing paint from used aircraft (Hayes International) disposed of 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 Water Act, Sees. 301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)] Second
indictment charged 19 counts as follows
Hayes and Beasley - Eight counts transportation of hazardous waste to unper-
mitted facility in violation of RCRA, Sec 3008(d)(1) [42 U S C §6928(d)(l)],
five counts storage and/or disposal of hazardous wastes without permit in viola-
tion of RCRA, Sec 3008(d)(2)(A) [42 U S C 56928(d)(2)(A)], one count con-
spiracy [18 USC §371]
Performance Advantage and Bolton - Eight counts violation of RCRA, Sec
3008(d)(1), six counts violation of RCRA, Sec 3008(d)(2)(A), one count know-
ing endangerment in violation of RCRA, Sec 3008(e) [42 USC §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)(1), four counts violation of
RCRA, 3008(d)(2)(A), one count knowing endangerment in violation of RCRA, Sec
3008(e), and one count conspiracy
Abrams - One count under CERCLA, Sec 103(b), one count under RCRA, Sec
3008(d)(2), and one count conspiracy
Smith - One count under RCRA, Sec 3008(d)(1) and one count conspiracy
08/29/84 Performance Advantage and Bolton each pled guilty to one count under Clean
Water Act, Sees 301 and 309(c)(1) and one count under RCRA, Sec 3008(d)(1)
10/09/84 Trial began against Hayes International, Beasley, Abrams and Smith (Kelley
remained fugitive)
10/16/84 Court entered judgment of acquittal as to Abrams and Smith after conclu-
sion of government's case
10/17/84 After both sides rested, Court acquitted Hayes International and Beasley
on five storage and disposal counts
10/19/84 Jury returned guilty verdicts against Hayes International and Beasley on
eight counts each of transportation to unpermitted facility under RCRA, Sec
3008(d)(1) 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
Arthur J Greer
(cont )
Performance Advantage, Inc
Lyndol Bolton
84-00122
Hayes International Corporation
Louis H Beasley
Perfomrance Advantage, Inc
Lyndol Bolton
Ray Kelley
V 0 Abrams
David Smith
84-00123
(M D Ala )
-------
10/15/87 - 9
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Performance Advantage, Inc
(cont )
Ray Kelley
86-189 N
(M D Ala )
ABC Compounding Company,
William S Armistead
Vincent Arinistead
85-484
(NO Ga )
Inc
Facts and Status
EPA Region IV (cont )
11/26/84 Performance Advantage sentenced to $2,500 fine on Clean Water Act count
and $50 fine on RCRA count Bolton sentenced to $2,500 fine plus 5 years probation
on Clean Water Act count and 5 years probation on RCRA count, sentence to run
concurrently
12/13/84 Protective notice of appeal filed by government in Eleventh Circuit with
respect to decision overturning jury 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
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 2-day trial, the jury returned a guilty verdict to all three
counts of the indictment charging Ray Kelley with storage of hazardous waste without
a RCRA permit
04/16/87 Kelley sentenced to 1 year imprisonment on three-count indictment charging
RCRA violations, to be served concurrently, execution imprisonment suspended, placed
on 1 year probation
George Mills Facts Storage of hazardous waste and failure to give required notification of
84-00165 existence of hazardous waste facilities located in Nashville and Smyrna, Tennessee
(M D Tenn ) and in 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 19603(c)]
George Mills 11/28/84 One-count information filed in United States District Court for Southern
84-00119 District of Alabama charging violation of CERCLA, Sec 103(c) for failure to notify
(S 0 Ala ) of existence of hazardous waste facility
12/11/84 Mills entered guilty plea, under Rule 20 of the Federal Rules of Criminal
Procedure, in Middle District of Tennessee to two counts of violation of CERCLA,
Sec 103(c) in Tennessee and one count violation of CERCLA, Sec 103(c) in Alabama
01/29/85 Mills sentenced to 5 years probation, $30,000 fine and condition that full
written account of actions and recommendations for compliance to avoid similar con-
traventions of environmental laws be submitted to professional journals in field
Facts Company engaged in business of selling, blending, mixing and packaging chemi-
cals for use as domestic and industrial cleaners, solvents, aerosols and pesticides
William Armistead was vice president and part owner and Vincent Armistead, his son,
was plant supervisor
-------
10/15/87 - 10
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region IV (cont )
ABC Compounding Company, Inc 12/18/85 Company waived indictment and entered guilty plea to three-count mforma-
(cont ) tion filed same date charging one count conspiracy to violate RCRA [18 U S C §371],
one count disposal of hazardous waste without permit under RCRA, Sec 3008(d)(2)(A)
[42 USC §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 1 year probation,
$20,000 fine and ordered to complete cleanup of Jim's Old Plant in northwest Altanta
James H Hedrick
Tern , Lon , Chris, Inc
84-00008
(WD Ky )
James H Hedrick
T L C , Incorporated
84-00084
(M D Tenn )
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)(1) and one count
disposal of hazardous waste without permit in violation of RCRA, Sec 3008(d)(2)(A)
07/18/84 Hedrick pled guilty to both counts charged in Middle District of
Tennessee
07/18/84 Company pled guilty in Middle District of Tennessee to same counts
07/18/84 Hedrick and Company each entered guilty pleas to all counts charged in
Western District of Kentucky
03/14/85 Hedrick sentenced to 1 year and 1 day imprisonment for charges in Middle
District of Tennessee plus 3 years probation and 200 hours community service Com-
pany fined $5,000 for charges on same count
03/19/85 Hedrick sentenced to 1 year and 1 day imprisonment (sentence imposed in
Tennessee served concurrently), and Company sentenced to $3,000 fine for charges in
Western District of Kentucky
Facts Transportation, storage and disposal of electric furnace emission control
dust containing lead and cadmium without permit to facilities in Kentucky and Ten-
nessee Tern, Lon , Chris, Inc (T L C ) is chemical brokerage firm with Hedrick as
president
05/09/84 Three-count indictment filed in United States District Court for Western
District of Kentucky charging Hedrick and Tern, Lon , Chris, Inc each with one
count transportation of hazardous waste to unpermitted facility in violation of RCRA,
Sec 3008(d)(1) [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]
A1ley-Cassetty Coal Company Additional Facts A1ley-Cassetty carried out actual transportation of emission con-
Donald M Draper trol dust to strip mine sites Draper was former transportation manager
85-00043
(M D Tenn )
03/25/85 Information filed in Middle District of Tennessee charging A1ley-Cassetty
and Draper with one count transportation of hazardous waste to unpermitted faci lity
in violation of RCRA, Sec 3008(d)(1)
A1ley-Cassetty Coal Company 03/28/85 Information filed in Western District of Kentucky charging A1ley-Cassetty
Donald M Draper and Draper with one count transportation of hazardous waste to unpermitted faci lity
85-00007 in violation of RCRA, Sec 3008(d)(1)
(WD 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 1 year and 1 day
imprisonment with all but 6 months suspended (sentence recommended to be served in
half-way house), 2 years probation and $8,000 fine (to be paid within 7 months)
-------
10/15/87 - 11
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
A1ley-Cassetty Coal Company
(cont )
Facts and Status
EPA Region IV (cont )
05/14/85 Defendants each entered guilty plea to charges in Western District of
Kentucky
09/27/85 Draper sentenced, in Western District of Kentucky, to 1 year and 1 day
imprisonment (all but 6 months suspended) plus 2 years probation Incarceration
to be served concurrently with sentence imposed in Tennessee, however, Draper not to
be allowed to serve sentence in half-way house
09/30/85 A1ley-Cassetty sentenced, in Western District of Kentucky, to $25,000
fine Civil penalty imposed on same date by Tennessee State Administrative
authority
12/09/85 A1ley-Cassetty sentenced, in Middle District of Tennessee, to $10,000
fine
RAD Services, Inc
Authur Sciullo
George Gary
86-00011
(W.D Ky )
Additional facts RAD Services engaged in chemical manufacturing and, in 1982,
stored toxic lead and cadmium emission control dust at warehouse in Bowling Green
Sciullo is executive vice president and Gary is head of chemical division
04/25/86 Five-count indictment filed in Western District of Kentucky charging Com-
pany with three counts storage of hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2), one count transportation of hazardous waste to unpermitted
facility in violation of RCRA, Sec 3008(d)(1), and one count conspiracy [18 U S C
§371] Sciullo charged with two counts violation of RCRA, Sec 3008(d)(2), ore count
violation of RCRA, Sec 3008(d)(1), 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 to one count conspiracy and
one count RCRA storage violation
12/01/86
1 year
RAD Services was sentenced to a total fine of $75,000 to be paid within
Gary - Sentenced to 2 years in the custody of the U S Attorney General with all
but 30 days in jail suspended, a $10,000 fine, 200 hours of community service
and 2 years of probation
Scuillo - Sentenced to two concurrent 2-year terms of incarceration with all but
6 months suspended, a $10,000 fine, 200 hours of community service and 2 years
probation
Norman F Smith
85-00092
(M D Fla )
Everett 0 Harwel1
Eugene Roy Baggett
(Southeastern Waste
Treatment, Inc
85-28
(N D Ga )
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 0ER had con-
tracted with Greer and Greer had sub-contracted 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, 4 years probation and restitution of
$5,420
Facts President (Harwell) and vice president for operations (Baggett) of waste
treatment company disposed of electroplating wastes without permit, filed false
statements with Georgia Environmental Protection Division Defendants also trans-
ported hazardous wastes, failed to notify of their release, misrepresented that
wastes had been incinerated and poured them into city sewage system
-------
10/15/87 - 12
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant s)/Docket No /Court Facts and Status
EPA Region IV (cont )
Everett 0 Harwell 12/10/85 15-count indictment returned (sealed until defendants could be arrested on
(cont ) 12/11/85) Harwell and 8aggett charged with one count conspiracy to violate 18
USC §1001 and RCRA [18 U S C §371], four counts making false statements [18
USC §1001], one count treatment and disposal of hazardous waste without permit
under RCRA, Sec 3008(d)(2)(A) [42 USC §6928(d)(2)(A)], one count transportation
of hazardous wastes to unpermitted facility under RCRA, Sec 3008(d)(1) [42 USC
§6928(d)(l)] and one count storage of hazardous waste without permit under RCRA, Sec
3008(d)(2)(A) [42 U.S C. §6928(d)(2)(A)] Harwell also charged with one additional
transportation count and one additional storage count Baggett also charged with two
additional transportation counts, two additional disposal counts and one count fail-
ure to notify of release of hazardous substance under CERCLA, Sec 103(b) [42 USC
§9603(b)]
10/29/85 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 haz-
ardous waste felony count in violation of 42 U S C §6928(d)(l)
10/05/87 Harwell sentenced to 3 years imprisonment and $20,000 fine Baggett sen-
tenced to 18 months imprisonment and $10,000 fine
Laurence H Welsh
J Welsh & Sons, Inc
(Barry Air Tool Supply)
83-60543
(E D Mich )
EPA Region V
Facts Hazardous waste consisting of discarded paint, varnish and other lgmtable
substances stored without permit and transported to unpermitted facility Laurence
is president and operator of Company in the parking lot maintenance business
09/21/83 Four-count information filed charging each defendant with one count stor-
age of hazardous waste in violation of RCRA, Sec 3008(d)(2)(A) [42 USC
§6928(d)(2)(A)] and one count transportation of hazardous wazste to unpermitted
facility of violation of RCRA, Sec 3008(d)(1) [42 U S C 56928(d)(1)]
10/05/83 Both defendants pled guilty to all charges
12/13/83 Welsh sentenced to 2 years imprisonment (all but 4 months suspended) and
2 years probation Company sentenced to $1,000 fine
John Van Hoesen
(QuVoe Chemical Industries, Inc )
84-00838
(N D 111 )
John Suerth
84-00840
(N D 111 )
Facts 150,000 gallons of spent halogenated solvent handled without permit at chemi-
cal recycling facilities in Schiller Park and Des Plains and false statements made to
EPA claiming exemption from regulations Van Hoesen is managerial employee Suerth
is president
11/15/84 Information filed charging Van Hoesen with one misdemeanor count for con-
cealing records under RCRA, Sec 3008(d)(4) [42 USC §6928(d)(4)] Separate
indictment filed against Suerth charging 11 counts transportation of hazardous waste
to unpermitted facility under RCRA, Sec 3008(d)(1) [42 USC §6928(d)(1)], 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
USC §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 3 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 9 months imprisonment plus 5 years probation and
$25,000 fine
-------
10/15/87 - 13
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Oocket No /Court
Facts and Status
Executive Advertising, Inc
Thomas David LaViolette
Roderick Warren Reiser
85-80795
(E 0 Mich )
EPA Region V (cont )
Facts Approximately 100 drums containing waste inks and lacquers found in abandoned
warehouse in Detroit LaViolette was Company president and part owner Reiser was
Company vice president and part owner
11/20/85 Three-count indictment filed against Company, LaViolette and Reiser charg-
ing one court transportation of hazardous waste to unpermitted facility under RCRA,
Sec 3008(d)(1) [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)(1).
04/25/86 Company sentenced to $50,000 fine Each individual sentenced to 2 years
imprisonment (all but 60 days suspended), 3 years probation, 400 hours community
service and $15,000 fine
Charles J Berlin
85-50057
(E D Mich )
Richard M Mims
(Brass Mill Co )
85-252
(N D Tex )
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
Facts Burial of five underground storage tanks containing C-56 and other compounds,
hundreds of barrels containing paints, acids and cyanide, plus paint sludges dumped
into covered earthern trench, all prior to enactment of RCRA at largest Superfund
site in Swartz Creek, Michigan Berlin is president and owner/operator of Farro
Liquid Incineration, Inc
11/06/85 One count indictment filed charging failure to notify of hazardous waste
facility in violation of CERCLA, Sec 103(c) [42 U S C §9603(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
EPA Region VI
Facts Former president of brass plating company directed employees to dump dozen
55-gallon drums of toluene at L B Houston Nature Area
08/20/85 One-count indictment filed charging defendant with disposal of hazardous
waste without permit in violation of RCRA, Sec 3008(d)(2) [42 U S C 16928(d)(2)]
08/28/85 Defendant pled guilty
09/25/85 Defendant sentenced to 2 years probation and $2,500 fine payable either in
lump sum or monthly installments
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 bulk chemical storage and transfer marine terminal which transfers
liquids to and from storage tanks via rail, truck, barge and ship and generates pro-
cess wastes from tank and line cleaning, washdown of spills and rainfall in the
transfer areas Hazardous wastewater was collected in two storage tanks and dis-
posed 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
-------
10/15/87 - 14
ENVIRONMENTAL INVESTIGATIONS INITIATEO WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont.)
Defendant(s)/Docket No /Court
Facts and Status
EPA Region VI (cont )
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 Pro-
tection, Research and Sanctuaries Act (MPRSA - Ocean Dumping Act) [33 U S C
§§1411(a)(l) and 1415(b)] by knowingly transporting material and cause material to be
transported from the US 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 pollu-
tants into navigable water of the U.S without a permit Violating RCRA Sec 3008
(d)(2)(A) [42 USC §6928(d)(2)(A)] by treatment, storage and disposal of hazardous
wastes at an unpermitted facility, violating RCRA Sec 3008(d)(3) [42 USC §6928
(d)(3)], by making false statements, violating RCRA Sec 3008(d)(5) [42 U.S C. §6928
(d)(5)] by knowingly transporting or cause to transport hazardous wastes without a
manifest or shipping papers, violating RCRA Sec 3008(e) [42 USC §6928(e)] by
knowingly placing people in imminent danger of death or serious bodily injury, and
violating CERCLA Sec 103(b) [42 USC §9603(b)] by failing to notify of release of
hazardous substance
Baytank (Houston), Inc
(cont.)
Bjorn Wikum
Kjell Eriksen
Harald Jensen
Johan Seale
Ulf Aune
CR-H-87-220
(S D TK)
EPA Region VII
Facts Contents of tank containing pentachlorophenol dumped into catch basin at
steel mill facility in Steelville
04/21/86 Information filed charging Company with one count failure to notify of
release of hazardous substance in violation of CERCLA, Sec 103(b) [42 USC
§9603(b)]
04/29/86 Company pled guilty and sentenced to $7,500 fine ($3,500 stayed) plus $25
special assessment and 2 years probation
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 USC §§2614
and 2615] and one count of violating RCRA [42 U.S.C. §6928(d)]
EPA Region VIII
Facts Storage and disposal of hazardous waste without permit, and transportation of
hazardous waste via interstate highway 1-70 through Eisenhower Tunnel without mani-
fests Oils and other liquid refuse matter channeled via earth trench into Ralston
Creek without permit Hines was Company manager
05/23/85 11-count indictment filed charging Company with three counts disposal of
hazardous waste without permit and four counts storage of hazardous waste without
permit, all in violation of RCRA, Sec 3008(d)(2) [42 USC §6928(d)(2)], one count
false statements [18 USC §1001], one count violation of the Refuse Act [33 USC
§407], and one count violation of the Hazardous Materials Transportation Act (HMTA)
[49 USC §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 dismissed
10/24/85 Company sentenced to $10,000 fine on HMTA count and $2,000 fine for Refuse
Act violation
Facts Nickel-cadmium battery manufacturer's environmental engineer (Brown) ordered
burial of five drums of toxic wastes without permit During removal of drums, con-
taminated sand spilled onto soil and remained unreported
12/11/85 Company pled guilty to one-count information filed same date charging
failure to notify of release of hazardous substance in violation of CERCLA, Sec
103(b) [42 U S C §9603(b)]
Arneson Timber Company, Inc
86-00097
(ED Mo )
Merlyn Pollock
87-00148-1-CR-W-8
(W0 Mo )
Layton Brothers Drum Company, Inc
Willie Frank Hines
85-00174
(D Colo )
Eagle Picher Industries, Inc
85-343
Richard Brown
86-005
(D Colo )
-------
10/15/87 - 15
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Eagle Picher Industries, Inc
(cont )
Facts and Status
EPA Region VIII (cont )
01/09/86. Two-count indictment filed charging Brown with one count disposal of haz-
ardous waste without permit under RCRA, Sec 3008(d)(2)(A) [42 U S C §6928(d)(2)(A),
and one count making false statements to EPA [18 U S.C §1001]
01/29/86 Company sentenced to $3,500 fine
03/31/86 Court dismissed false statements count against Brown and placed him in
pretrial diversion program.
Jay Hamburg
(Metro Shop Supplies)
86-174
(D Colo )
Neil Moser
86-199
(0 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 and Moser is vice president
06/17/86 Five-count indictment returned charging one count treating hazardous wastes
without permit in violation of RCRA, Sec 3008(d)(2)(A) [42 U S C §6928(d)(2)(A)],
two counts storing hazardous wastes without permit in violation of RCRA, Sec
3008(d)(2)(A), one count disposing hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2)(A) and one count making false statements to EPA [18 U S C
§1001]
07/22/86 Information filed charging Moser with one count failure to report release
of hazardous substances under CERCLA, Sec 103(b) [42 U S C §9603(b)]
07/31/86 Moser pled guilty to information
09/10/86 Moser sentenced to a $500 fine, 2 years of probation, a $25 assessment for
the Crime Victims fund and ordered to perform 200 hours of community service
10/30/86 Hamburg pled guilty to the two-count information charging him with viola-
tion of CERCLA reporting requirements [42 U S C §9603(b)(3)] which had been filed
the previous day
12/12/86 Hamburg sentenced to $2,000 fine, 2 years of probation and 120 hours of
community service He must also attend a course on hazardous waste
Frankel Manufacturing Company Facts. Storage of hazardous waste without permit in excess of 1,000 kilograms
85-224
(0 Colo ) 07/17/85 Company waived indictment and entered plea of guilty to information filed
on same date charging one count violation of RCRA, Sec 3008(d)(2) [42 U S C
§6928(d)(2)]
08/30/85 Company sentenced to $200,000 fine and 3 years probation First $100,000
payable in two annual installments beginning 08/30/86 Remaining $100,000 suspended
if terms of probation, including cleanup and $200 assessment to Crime Victims Fund
are met
Facts Methylene chloride and tetrachloroethene 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 6 months probation
during which time cleanup is required, plus $100 to Crime Victims Fund State of
Colorado collected $22,500 civil penalty and issued administrative order for cleanup
John Michael Nelson Facts Abandonment of spent solvents and paint sludges at self-storage facility in
86-122 Broomfield, Colorado
(D Colo )
04/25/86 Indictment filed charging defendant with 2 counts knowing storage and dis-
posal of hazardous waste without permit in violation of RCRA, Sec 3008(d)(2)A) [42
U S C 56928(d)(2)(A)]
09/29/86 Jury trial begun
Keebler Corporation
86-104
(D Colo )
-------
10/15/87 - 16
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Facts and Status
EPA Reqion VIII (cont )
John Michael Nelson
09/29/86
Jury trial begun
(cont )
10/02/86
After 4 days of trial, defendant acquitted of both counts
Denver Sanitary Co
Frank R Giardino
Donald C Hughes
Andrew Fedorowicz
87-CR-117
(D Colo )
Leigh Industries
Leigh-Denver Industries
Gabriel Demshar, Jr
87-CR-116
(0 Colo )
Protex Industries, Inc
Donald James Wilson
Charles Verta Hyatt
87-CR-115
(D Colo )
Facts Denver Sanitary 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 [42 U S.C §6928(d)(l)] The additional
charges are as follows
False statements [18 U S C §1001] - the Company two counts, Giardino one count,
Discharge of pollutants in violation of the Clean Water Act [33 U S C §§1317(b)
and (d) and 1319(c)(1)] - the Company and Giardino four counts each,
Unpermitted disposal of hazardous waste in violation of RCRA [42 U S C
§6928(d)(2)(A)] - the Company, Giardino and Hughes six counts each, Federowicz
two counts,
Making a false statement in violation of RCRA [42 U S C
pany and Hughes five counts each
§6928(d)(3)] - the Com-
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.
09/04/87 The Company was fined $85,000, 40,000 suspended if the Company complies
with all environmental laws during 3 year probationary period and ordered to perform
community service The trial for the remaining three defendants has not been
scheduled
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 [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 D S C
§9603(b)] Demshar pled guilty to both counts the same day ,
07/17/87 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)]
08/14/87 The Company was fined $1 00 and $200 special assessment Defendant
Demshar was sentenced to pay a $10,000 fine, 2 years probation, $25 penalty assess-
ment to the Victim/Witness Fund, and is required to give three lectures to three
different professional organizations on the "Perils of Environmental Crime"
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 [33 U S.C §§1311(a) and 1319(c)(1)] and nine counts of storage and
disposal of hazardous wastes in violation of RCRA [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
-------
10/15/87 - 17
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION ANO RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendants)/Docket No /Court Facts and Status
EPA Region VIII (cont )
transportation of hazardous waste in violation of the Hazardous Materials Transpor-
tation Act [49 USC §§1804 and 1809(b)] and three counts of knowingly endangering
its employees by directing them to handle hazardous wastes in a manner that repre-
sented an imminent danger to them of death or serious bodily injury, a violation of
RCRA [42 U S C §6928(e)]
EPA Region IX
Facts Chemical company generated hazardous wastes during manufacture of chlorinated
paraffins Indictment charges Company with burial of spent orthodichlorobenzene
(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 USC
16928(d)(2)(A)]
09/30/86 One week trial to the court began
10/07/86 Defendant found guilty as charged
11/24/86 Defendant sentenced to pay $50,000 fine ($10,000 supsended if paid by
January 15, 1987) and placed on probation for 3 years
Facts Rinsates from holding tanks and chemical applicators dumped into unlined pits
by agricultural chemical distributor (B&R), its successor company (Frontier) and man-
ager of both operations (Kidwell)
11/14/85 Indictment lodged with clerk of the court
03/19/86 Upon waiver of indictment, defendants pled guilty to five-count informa-
tion filed on same date charging B&R with two counts storage and disposal of hazard-
ous wastes at unpermitted facility in violation of RCRA, Sec 3008(d)(2)(A) [42
USC §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 with one
count of same charge Two companies each sentenced to $75,000 fine plus cleanup of
site
06/11/86 Kidwell sentenced to 2 years imprisonment (all but 180 days suspended),
5 years probation and $10,000 fine to be paid from personal funds
Facts Hazardous waste disposal corporation in Beiate, California (U S Technology)
designated as exclusive 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 Marin-Sagristo was manager of Tratamientos
04/18/86 Each defendant charged by indictment (unsealed 04/22/86) with one count
conspiracy [18 USC §371], seven counts mail fraud [18 USC. §1341] and 33 counts
utilizing false documents [18 USC §1001] resulting from export of hazardous waste
for disposal in Mexico
08/14/86 Guillermo Mann-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 of making false statements
and Faulks pled guilty to one count of making false statements
03/87 Shearer was sentenced to pay a $24,000 fine, serve 120 days of a 4-year term
of imprisonment and provide 400 hours of community service and placed on probation
for 5 years. Duisen was sentenced to pay a $24,000 fine, serve 120 days of a 3-year
Protex Industries, Inc
(cont )
Neville Chemical Company
86-88
(C D Cal )
Frontier Fertilizer Company
B&R Company of Davis
Dennis Kidwell
86-057
(E D Cal )
Darrel A Duisen
George W Shearer
Glen D Faulks
RogelioA Marin-Sagristo
U S Technology and Disposal
Service, Inc
Tratamientos Petroquimilos
Mexicanos, S A de C V
Guillermo Mann-Orosco
86-0401
(S D Cal )
-------
10/15/87 - 18
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No./Court Facts and Status
EPA Region IX (cont )
term of imprisonment and provide 400 hours of community service and placed on proba-
tion for 5 years Faulks was sentenced to pay a $12,000 fine and placed on proba-
tion for 5 years Marin-Sagristo was sentenced to pay a $5,000 fine and placed on
probation for 5 years
EPA Region X
Facts Hundreds of PCB capacitors and PCB liquids from transformers dumped into pit
adjacent to defendants' scrap metal salvaging facility in Pocatello William Kmck
manages this facility
10/12/83 Five-count indictment returned (unsealed on 10/17/83) against Company and
two corporate employees, charging Company and Kmck with one count improper disposal
of PCB capacitors, one count improper disposal of PCBs, one count failure to properly
mark PCB containers, and one count of failure to maintain required records concerning
PCB items, all in violation of TSCA [15 U S.C §§2614 and 2615(b)], and one count
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 counts in which Graham was charged
05/04/84 Guilty verdicts returned against both Company and Kmck on three remaining
TSCA counts
06/29/84 Company sentenced to $24,000 fine ($8,000 on each of three counts) Kmck
sentenced to $3,000 fine ($1,000 on each count)
03/07/85 Appeal argued in Ninth Circuit
08/15/85 Ninth Circuit reversed convictions of both defendants on ground that jury
instruction on deliberate avoidance given under United States v Jewell was improper
12/26/85 Ninth Circuit denied government's petition for rehearing
Facts False statements made to state of Oregon inspector concerning accumulation of
hazardous wastes Egan was plant manager and Taggert was plant superintendant
04/24/85 One-count information charging both defendants with one count false
statements under RCRA, Sec 3008(d)(3) [42 U S C §6928(d)(3)]
04/30/85 Egan pled guilty to aiding and abetting making false statements under
RCRA
05/07/85 Taggert pled guilty to making false statements under RCRA.
06/04/85 Egan and Taggert each sentenced to $2,500 fine
Facts Manufacturer of industrial cleaning products in Seattle discharged pollutants
including soaps, detergents, caustic alkali, acids, waxes, dyes and solvent materials
(including alcohol, butyl carbitol, also known as diethylene glycol monobutyl ether,
xylene and mineral spirits) for 10 days from manufacturing operations into hidden
pipe connected to storm sewer leading into Duwamish River Hedegard was Company
president and Myers was vice president
12/09/85 Two-count information filed charging Company with one count discharge of
pollutants without permit in violation of Clean Water Act, Sees 301 and 309(c)(1)
[33 U S.C §§1311 and 1319(c)(1)]
Hedegard and Meyers each charged with one count violation of Clean Water Act,
Sees 301 and 309(c)(1) and one misdemeanor count conspiracy to violate Clean
Water Act [18 U S C §371]
Darrel A Duisen, etc
(cont )
Pacific Hide & Fur Depot, Inc
William Kmck
Jerry Graham
83-40028
(D Ida )
Richard A1len Taggert
Keith Egan
(Evans Transportation Company)
85-60016
(0 Or )
Peter Hedegard
Eric Myers
JANCO United, Inc
85-00342
(W 0 Wash )
12/11/85 All defendants pled guilty to all charges
-------
10/15/87 - 19
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region X (cont )
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 Meyers each sentenced to 1 year imprisonment (all but 5 days suspended), 3 years
probation, $25,000 fine (all but $5,000 suspended) and 300 hours community service
Facts Former city public works director buried 14 drums of old road striping paint
at City's sewage treatment plant adjacent to National Wildlife Refuge in sandy soil
next to ocean, and dumped 3,500 gallons of raw sewage into sandy depression, also
next to ocean
10/10/85 Three-court indictment filed charging defendant with one count conspiracy
to violate RCRA [18 U S C §371], one count disposal of hazardous waste without per-
mit under RCRA, Sec 3008(d)(2) [42 U S C §6928(d)(2)], and one count burial of raw
sewage in violation of sewage treatment plant permit under Clean Water Act, Sees
301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)]
02/24/86 After 5 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 2 years probation and 200 hours community service
Facts Operator of auto repair facility in Federal Way (Blackstone) and independent
scrap metal dealer (Johnson) disposed of eight barrels containing paint waste and
lacquer thinner on vacant lot in Puyallup
02/12/86 Five-count indictment filed charging Blackstone with one count conspiracy
to violate RCRA [18 U S C §371], two counts knowing transportation of hazardous
waste without manifest in violation of RCRA, Sec 3008(d)(5) [42 U S C. §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 charg-
ing Johnson with same counts
04/04/86 Johnson pled guilty to one count disposal without permit under RCRA,
Sec 3008(d)(2)(A)
04/25/86 Blackstone pled guilty to one count disposal without permit under RCRA,
Sec 3008(d)(2)(A)
05/16/86 Johnson sentenced to 3 years imprisonment (all but 6 months suspended),
$500 fine, 3 years probation including condition that he participate in alcohol
treatment program and $50 mandatory penalty assessment to Crime Victims Fund
06/05/86 Blackstone sentenced to imprisonment for term of 1 year and 1 day, $5,000
fine and $7,100 restitution to Washington State Department of Ecology plus $50 manda-
tory penalty assessment to Crime Victims Fund
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
11/17/86 Eight-count indictment filed charging defendant with six counts disposal
of hazardous waste without a permit in violation of RCRA, Sec 3008 [42 U S C
§6928(d)(2)(A)], one count knowing endangerment by disposing of hazardous wastes 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(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
Peter Hedegard
(cont )
Douglas G Hof1 in
(City of Ocean Shores)
85-82
(W D Wash )
Robert K Blackstone
86-00012
Wendall Wayne Johnson
86-00013
(W D Wash )
Daniel Lee Turner
86-332-1
(E D Wash )
-------
10/15/87 - 20
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AUTHORITY (cont )
Defendant(s)/Oocket No /Court
Jack E White
Brownie C McBride
Jerry L Findley
Henry R White
86-20015
(W 0 Ark )
Facts and Status
EPA-NEIC Nationally Managed Investigation
Facts The Food and Drug Administration discovered contamination of dairy products
with heptachlor, a carcinogenic pesticide JEW, Inc succeeded White Flame Fuels,
Inc in manufacturing fuel grade alcohol and producing 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., JEW, 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 grain contaminated with aflatoxin to manu-
facture alcohol and then mixing the adulterated or contaminated mash with animal feed
that was sold to dairy farmers
Specific charges are as follows
J White and McBride - one count conspiracy [18 U S C §371], eight counts mail
fraud [18 U S C §1341], 13 counts wire fraud [18 U S C §1343], one count rack-
eteering [18 U.S C §1962(c)], five counts interstate transportation of money
taken by fraud [18 U S C §2314], six counts adulterating food [21 U S C
§§331(d) and 333(b)], 11 counts interstate sales of adulterated food [12 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)(1)] 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
H White - Seven counts mail fraud, 10 counts wire fraud, one count racketeer-
ing, four counts interstate transportation of money taken by fraud, six counts
adulterating food and 11 counts interstate sales of adulterated food
05/11/87 Trial began
05/21/87 Findley entered a plea of guilty to one count of conspiracy and one count
of 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 discharg-
ing 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 3 years imprisonment
Brownie McBride was fined $7,500 and sentenced to 1 year and 1 day imprisonment
Jerry Findley was fined $5,000 and 3 months probation Henry White was sen-
tenced to 1 year and 1 day imprisonment
-------
SECTION II
Clean Air Act (CAA)
Clean Air Act (CAA) 42 USC §§ 7401 -7642
PL 91-604
PL 93-319
PL 95-95
PL 95-190
-------
10/15/87 - 1
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY
Defendants)/Docket No /Court Facts and Status
EPA Region I
Facts Building demolition at Old Pin Shop in Oakville without notice to EPA, with-
out removing asbestos prior to demolition and without wetting asbestos material
exposed during operation Vileisis is president of Company and Fabiani 15 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 113(c)(1)(C),
112(c)(1)(B) and 112(e)(5) [42 U S C §§7413(c)(l)(C), 7412(c)(1)(B) and 7412(e)(5)]
and of 40 CFR 61 146, and Fabiani with two counts of same Clean Air Act violations
11/04/85 Vileisis pled guilty to one count superseding information filed same date
charging failure to remove asbestos prior to commencement of demolition in violation
of Clean Air Act, Sees. 113(c)(1)(C), 112 (c)(1)(B) and 112(e)(5) and 40 CFR §61 147
11/05/85 Fabiani pled guilty to same charge in one-count superseding information
filed this date
12/19/85 Vileisis sentenced to 1 year suspended sentence, 5 years probation,
$25,000 fine plus $25 penalty assessment, 1,000 hours community service and must
attend, at own expense, seminars on disposal of asbestos Fabiani sentenced to 1
year imprisonment (all but 30 days suspended), 5 years probation, $25,000 fine plus
$25 penalty assessment and 1,000 hours community service
12/23/85 Charges dismissed against Company
05/05/86 Old Pin Shop and Waterbury House Wrecking each placed on EPA1s List of
Violating Facilities under 40 CFR Part 15 resulting in ineligibility for EPA con-
tracts, grants and loans
EPA Region II
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)(n) [42 U S C §7413(c)(l)(a)(n)]
07/07/86 Company pled guilty to one count operating air contamination equipment
without valid certification
09/10/86 Corporation sentenced to a $10,000 fine
Peter J Vileisis, Jr
Maurice Fabiani
Waterbury House Wrecking Co , Inc
N-85-46
(D Conn )
Hope Resource Recovery, Inc
86-00458
(ED NY)
Alan M Franko
(AMF Insulation Co )
85-1146-M
(ED Va )
EPA Region III
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 dis-
posal of asbestos pipe insulation at Naval Observatory in Washington, 0 C Defendant
is former vice president and project manager
10/31/85 Defendant pled guilty to one count information filed same date charging
failure to report release of hazardous substance (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 6 months probation
and $150 fine
Irwin Pearlman
Salvatore C Williams
86-246
(W.D Pa )
Facts Williams, owner of former school building in residential area of Pittsburgh
and Pearlman, contractor who removed boiler and heating system, failed to comply with
NESHAPS work practice standards for asbestos Violations include failure to give
notice of intentions 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
-------
10/15/87 - 2
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region III (cont )
Irwin Pearlman 10/31/86 Indictment filed charging each defendant with two counts failure to com-
(cont ) ply with NESHAPS standards in violation of Clean Air Act, Sees 112(c) and
113(c)(1)(C) [42 U S C §§7412(c) and 7413(c)(1)(C)] and one count failure to comply
with EPA administrative order in violation of Clean Air Act, Sec 113(c)(1)(B)
[42 U S C 7413(c)(1)(B)]
12/30/86 Defendants pled guilty to two counts of violating NESHAPS standards and
each sentenced to $1,000 fine
Norbert Emel Gall
Dennis Ray Alston
Phillip Anthony Williams
Brigitte Gertrud Laurus
(Fred Fincher Motors, Inc )
85-236
(S D Tex )
Norbert Emel Gall
Freddie Lee Fincher, Sr
Donald Lee Fincher
Brigitte Gertrud Laurus
85-00278
EPA Region VI
Facts Automobile broker and associates imported cars from Germany and deceived EPA
into granting "5-year old exemption" of nonconforming vehicles from Clean Air Act
reguirements Freddie Fincher was principal stockholder and Company president Don-
ald Fincher was general manager and executive vice president Alston was owner of
D R A Construction Company and Williams was Alston's employee
10/04/85 31-count indictment filed charging Gall, Alston and Williams each with one
count conspiracy [18 U S C §371], 10 counts entering goods into country by means of
false statements [18 U S C §542], 10 counts smuggling [18 U S C §545], and 10
counts false statements to EPA and Customs Service [18 U S C §1001] Laurus charged
with one count conspiracy
11/26/85 47-count indictment filed charging Freddie Fincher and Donald Fincher each
with one count conspiracy [18 D S C §371], 17 counts entering goods into country by
means of flase statements [18 U S C §542], 12 counts smuggling [18 U S C §545] and
17 counts false statements to EPA and Customs Service [18 U S C §1001] Laurus
charged with one count conspiracy, one count false statements and two counts
smuggling
12/04/85 Williams pled guilty to one count conspiracy [18 U S C §371] and three
counts smuggling [18 U S C §545]
Brigitte Gertrud Laurus
Edward F Wiatl
H86-278
(S D Tex )
01/28/86 Superseding information filed charging Laurus with one count false state-
ments under the Clean Air Act, Sec 113(c)(2) [42 U S C §7413(c)(2)]
02/06/86 Gall entered guilty plea under first indictment to one count conspiracy
[18 U S C §371] and six counts entry of goods by way of false statements [18 U S C
§542]
02/14/86 Gall entered guilty plea under second indictment to one count conspiracy,
four counts entering goods by means of false statements and five counts smuggling
03/25/86 Laurus pled guilty to one count under Clean Air Act, Sec 113(c)(2)
04/17/86 Freddie Fincher and Oonald Fincher each pled guilty to one count entry of
goods into country by false statements [18 U S C §545]
05/27/86 Freddie Fincher and Donald Fincher each fined $10,000
07/10/86 Laurus sentenced to 1 year probation
Facts Co-owner of Grand Prix Motors imported foreign automobiles under a "5-year-
old exemption" obtained from EPA
10/10/86 Information filed charging Wiatt with 10 counts of submitting fraudulent
documents to EPA in violation of Clean Air Act, Sec 113(c)(2) [42 U S C
§7413(c)(2)]
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 Sec 113(c)(2) of the Clean
Air Act [42 USC §7413(c)(2)]
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10/15/87 - 3
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region VI (cont )
12/01/86 Alston sentenced to $24,000 fine, including restitution payments of
approximately $3,800 and 6 months probation Williams sentenced to 3 years probation
and 80 hours of community service
12/17/86 Wiatt sentenced to $1,500 fine and 150 hours of community service
EPA Region VII
Facts Meyer imported foreign automobiles for sale in the United States A 5-year
exemption was claimed for two Mercedes Benz that were subseguently resold
04/23/87 Meyer pled guilty to an information charging two counts of violating the
Clean Air Act [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 2 years of probation and ordered to
pay $2,600 in restitution to Missouri
EPA Region IX
Facts Submission of testing results and supporting documentation to EPA by auto-
mobile emissions testing ("gray market") laboratory in Garden Grove stating that
certain nonconforming vehicles were tested under reguired Federal testing procedures
and met applicable emission standards Closson is president, Scoggins is manager and
Sidwell works as technical director
06/10/86 36-count indictment returned charging each defendant as follows
Company and Closson - 18 counts mail fraud [18 U S C. §1341] and 15 counts making
false statements [18 U S C §1001] for alleged submission of false testing
results
Scoggins - 18 counts mail fraud and 11 counts false statements
Sidwell - Four counts mail fraud and four counts false statements, plus three
counts perjury [18 U S C §1623] for making false declarations to the grand
jury
12/10/86- Custom Engineering and Closson each pled guilty to five counts of making
false statements to the Federal government and four counts of mail fraud Scoggins
pled guilty to two counts of mail fraud and Sidwell pled guilty to two false state-
ment counts
03/31/87 Scoggins and Sidwell each placed on 5 years probation
05/04/87 Custom Engineering was placed on 5 years probation and Closson was sen-
tenced to 6 months imprisonment and 5 years probation
EPA Region X
Facts Ashpalt 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)(1) [42 U S C §7413(c)(l)]
03/11/85 Court dismissed all charges against defendants
04/16/85 Information refiled charging same defendants with same four counts of
violating opacity standards
09/10/85 Office of United States Attorney agreed to defense motion to dismiss all
charges on ground that state inspector making opacity recordings had not been certi
fied by EPA within 6 months preceding violation
Edward F Wiatt
(cont )
John Meyer
87-10060M
(ED Mo )
Custom Engineering, Inc
Bi1ly Closson
Roger Scoggins
John Sidwell
86-00513
(C D Cal )
Mario A Segale
M A Segale, Inc
Wi11iam Bartholomew
85-267
(W D Wash )
-------
10/15/87 - 4
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Facts and Status
Euro-Auto Ltd , Inc
James S Strecker, Jr
Barbara A Strecker
86-95TB
(W 0 Wash)
Facts
Ltd ,
EPA Region X (cont )
Strecker, an automobile dealer in Auburn, his wife, Barbara and Euro-Auto
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 state-
ments Specific charges are as follows
J Strecker and Company - 14 felony counts for the roll-back of odometer mileage
settings [15 II S C §1990(c)], two counts conspiracy (one for odometer fraud)
[18 USC §371], 40 counts making false statements to three Federal agencies
[18 USC §1001], and 18 counts smuggling [18 USC §545]
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
05/18/87 Trial begins for James Strecker and Euro Auto
tried separately following her motion for severance
Barbara Strecker to be
06/05/87 Jury returned a guilty verdict against Strecker on 14 counts of odometer
fraud and 19 counts on false statements and against Euro Auto on 10 counts of odom-
eter 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
Victims Fund James Strecker, Jr was fined $15,000, 5 years imprisonment with
execution of all but 3 months suspended, 5 years probation and ordered to pay $1,075
to the Crime Victims Fund
09/02/87 Barbara Strecker pled guilty to a two-count superceding information charg-
ing her with submitting false documents to the Customs Service in violation of 26
USC §7207 She was sentenced on the same day to 1 year probation and ordered to
pay $50 to the Crime Victims 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 owner-
ship 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
Albert Mardikian
Garo Mardikian
85-00509
(C D Cal )
EPA-NEIC Nationally Managed Investigation
Facts Automobile import and emission testing facility in Orange County used mail
fraud scheme to defraud EPA and Customs Service regarding importation of motor
vehicles not conforming to Clean Air Act emissions standards and submittal of false
test data to EPA from mid-1981 until 1984 Albert Mardikian was chief operation
officer and Garo is Albert's nephew and plant manager Agob was an employee of
Albert Mardikian Engineering, Inc
05/22/85 35-count felony indictment charging Albert Mardikian with 17 counts mail
fraud [18 USC §1341] and 18 counts false statements [18 USC §1001] Garo
Mardikian charged with 10 counts of mail fraud
08/07/85 Trial began
08/08/85 During presentation of government's case, Albert 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
Sembat Agob
85-00782
(C D Cal )
08/12/85 One-count information filed charging Agob with one count false statements
[18 U S C §1001]
-------
10/15/87 - 5
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN AIR ACT (CAA) AUTHORITY (eont )
Defendant(s)/Docket No /Court
Albert Mardikian
Garo March ki an
Sembat Agob
(cont )
Facts and Status
EPA-NEIC Nationally Managed Investigation (cont )
OS/13/85 Agob waived indictment and pled guilty
11/04/85 Agob sentenced to 5 years imprisonment (all but 20 days suspended and
served on weekends), 5 years probation plus 2,500 hours community service
11/25/85. Albert Mardikian sentenced to 5 years imprisonment {all but 6 months sus-
pended), 5 years probation plus 2080 hours community service consisting of at least
8 hours per week over 5 year period teaching under-privileged individuals how to
improve job seeking skills, Albert also required to place no fewer than 20 indi-
viduals each year into jobs plus restitution to injured parties Garo Mardikian
sentenced to 5 years imprisorwient (all but 30 days suspended and served on weekends),
5 years probation plus community service over 5-year period
Ceorge Timothy Mercier
Timothy Scott McLead
(Gulf States Oil and Refining
Company)
66-00111
(S D Tex )
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 1 year probation
07/21/87 Five-count superceding information filed charging Mercier with one count
conspriacy [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 35 days imprisonment on five
counts to run concurrently on each count
Facts Amount of lead used by Company understated in 1984 quarterly reports required
by "lead phasedowiV1 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 IJ S C §371] and four counts submitting false statements to
Federal agency [18 U S C §1001]
-------
SECTION III
Clean Water Act (CWA)
Clean Water Act (CWA) 33 USC §§ 1251-1373
PL 92-500
PL 95-217
PL 100-4
Marine Protection, Research
and Sanctuaries Act (MPRSA) 33 USC §§ 1401-1445
PL 92-532
Rivers and Harbors Appropriations
Act of 1899 (Refuse Act of 1899) 33 USC §§ 403, 407,
409, 411
PL 55-425
Safe Drinking Water Act (SEWA) 42 USC §§ 300f-300j
PL 95-190
PL 99-339
-------
10/15/87 - 1
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY
Defendant(s)/Docket No /Court Facts and Status
EPA Region I
Facts Dumping of hazardous waste, including cyanide, barium, potassium nitrate and
sodium hydroxide, into ditch emptying into Cocheco River and into ground for percola-
tion Casting wax containing PCBs improperly stored and no records maintained Com-
pany is metal casting and firearms manufacturer in Rochester Gustafson is president
and Ronayne and Behre were vice presidents
03/18/85 50-count indictment filed charging
Company and Ronayne - 41 counts discharge of pollutants without permit in viola-
tion of Clean Water Act, Sees 301 and 309(c)(1) [33 11 S C §§1311 and
1319(c)(1)], three counts violating storage, marking and recordkeeping standards
relating to PCBs under TSCA [15 U S C §2614], one count treatment, storage and
disposal of hazardous waste without permit under RCRA, Sec 3008(d)(2) [42
USC §6928(d)(2)], one count failure to notify of release of hazardous sub-
stance in violation of CERCLA, Sec 103(b) [42 U S C §9603(b)], one count
failure to notify of existence of hazardous waste disposal facility in violation
of CERCLA, Sec 103(c) [42 USC §9603(c)], one count false statements in
response to industrial waste questionnaire [18 USC §1001] and two counts con-
spiracy to violate Clean Water Act (misdemeanor) and RCRA (felony)
Behre - Charged on all same counts except false statements
Gustafson - 41 counts violation of Clean Water Act, Sees. 301 and 309(c)(1), and
three counts violation of TSCA standards
06/24/85 Jury viewing of site conducted by Court
06/25/85 Trial began
07/01/85 Company entered guilty plea to 15 counts in violation of Clean Water Act,
Sees 301 and 309(c)(1), 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
Facts J C Rhodes Division of corporation failed to submit reports on wastes dis-
charged to local P0TW from electroplating operations of its New Bedford plant for the
production of shoe components
11/10/86 41-count indictment filed charging Company with 32 counts failure to com-
ply with pretreatment standards in violation of Clean Water Act, Sees 307 and 309(c)
[33 USC §§1317 and 1319(c)], five counts discharge of wastewater into P0TW in vio-
lation of Clean Water Act, Sees 307 and 309(c), and four counts failure to submit
required reports in violation of Clean Water Act, Sees 307, 308 and 309(1) [42
USC §§1317, 1318 and 1319(c)]
12/30/86 Company pled guilty to all 41 counts and sentenced to fine of $1,025,000
with $225,000 suspended if Company completes construction of wastewater treatment
system by 10/03/87
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
K W Thompson Tool Company, Inc
(aka Thompson Center Arms)
Robert Gustafson
Joseph Behre
Emmett Ronayne
85-08
(D N H )
USM Corporation
86-365F
(D Mass )
Marathon Development Corp
Terrence Geoghegan
87-129MC
(D Ma )
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 Octo-
ber 16, 1986, in violation of the Clean Water Act [33 USC §§1311 and 1319]
-------
10/15/87 - 2
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Nathan Frenkel
Environmental Consulting and
Testing Service, Inc
83-00047
(D N J )
Coastal Steel Corporation
(Republic Wire Corporation)
82-0147B
(0 N J )
Facts and Status
EPA Region II
Facts Frenkel, owner of ECTS, hired as consultant to study disposal alternatives
for sewage treatment systems in Salem County Project funded under Clean Water Act,
Sec 201
03/02/83 Four-count indictment returned charging each defendant with three counts
false statements [18 U S C §1001] for misrepresentations of number of hours 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
Facts Refuse matter, including sanitary waste and waste rinsewater containing sul-
furic acid, discharged into Woodbridge Creek
11/17/82 Information filed charging 10 counts discharge of refuse in violation of
Sec 13 of Rivers and Harbors Appropriation Act of 1899 (Refuse Act) [33 U S C
§§407 and 411]
11/18/82 Company pled guilty to all 10 counts
01/13/83 Company sentenced to $20,000 fine ($15,000 suspended), community service
equal to $15,000 amount of suspended fine, and 3 years probation If community
service not performed, monetary equivalent of amount of service to be paid as addi-
tional fine
EPA Region III
Facts In performing contract work for 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, 6 months probation on each count, with
sentences to run concurrently, and 100 hours community service
Environmental Systems Services 11/14/83 Company pled guilty to information filed same date charging two counts
83-00246 violation of Clean Water Act, Sec 309(c)(2) [33 U S C §1319(c)(2)] and sentenced to
(ED Va ) $5,000 fine
Robert Thomas Barnes
83-00214
(ED Va )
Willi am Garry Byles
85-00075
James C Kostelm
85-00076
Daniel LaVietes
85-00077
Georgia Bonded Fibers, Inc
85-00078
(WD Va )
Facts Joint investigation by EPA, Defense Criminal Investigation Service and
Virginia Water Control Board Repeated instances of bypassing wastewater treatment
plant and discharging into Maury River, reporting fictitious laboratory results in
Discharge Monitoring Reports (OMRs) and filing false statements pertaining to D0D
contract specifications concerning military baseball-type cap visors made using Com-
pany's Bondex fiber board Kostelm was president, LaVietes was former vice presi-
dent for research and development and Byles was chief chemist.
10/17/85 Defendants pled guilty to following charges in four separate informations
filed on this date
Byles - Pled guilty to one count information charging false statements in 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
Kostelm - 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)(1) [33 U S C §§1311 and 1319(c)(1)], and one count conversion of Govern-
ment property under D0D contract [18 U S C §641] Kostelni sentenced on same
date to fines of $10,000, $10,000 and $500 on each count for total of $20,500
(all but $5,000 suspended)
-------
10/15/87 - 3
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Wi11iam Garry Byles
(cont )
Francis Susan Moose
(Jarrett's Water & Waste
Water Service)
87-101
(W 0 VA)
Columbia Marine Services, Inc
Wi11iam Kinzeler, Jr
John L Kinzeler
82-36
(ED Ky )
Facts and Status
EPA Region III (cont )
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)(1), one count false statements in DMRs
in violation of Clean Water Act, Sec 309(c)(2) and one count false statements
in certification under 000 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 2 years
Facts Francis Susan Moose was Jarrett's Water & Waste Water Services' 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 Serv-
ices to its municipal clients She then pled guilty to a 10-count information charg-
ing her with violating the Clean Water Act [33 U S C §§1318(a) and 1319(c)(1)] She
was sentenced to 1 year probation and a $500 fine on the information counts, $200
restitution to the Old Dominion Job Corps and $250 assessment to the Victims Fund
[18 U S C 3013]
EPA Region IV
Facts On four occasions, oil discharged near Ludlow into Ohio River from vessel
owned and operated by Company
10/13/82 Four-count indictment filed charging
Company - Four counts failure to report discharge of oil in violation of Clean
Water Act, Sec 311(b)(5) [33 U S C §1321(b)(5)]
William Kinzeler and John Kinzeler - One count failure to report oil discharge
in violation of Sec 311(b)(5)
10/25/82 Company entered plea of guilty to two counts
10/26/82 Company sentenced to $10,000 fine with credit given for $3,000 previously
paid to Coast Guard Charges against both Kinzelers dismissed
James Holland Facts Owner of Middle Keys Construction Company dredged and filled 12 sites in
83-891 lower and middle Florida Keys between May 1980 and August 1983 and, for one site,
(S D Fla ) fraudently represented to landowners that all permits would be obtained
11/02/83 22-count indictment returned charging 11 counts violation of Sec 10 of
Rivers and Harbors Appropriation Act of 1899 [33 U S C §403], eight counts violation
of Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)], 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
06/07/85 Defendant sentenced to 5 years probation and 400 hours community service
Also required to perform restoration at four sites
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
-------
10/15/87 - 4
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Oefendant(s)/Docket No /Court Facts and Status
EPA Region IV (cont )
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)(1) and 402
[33 USC §§1311(a), 1319(c)(1) 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)(1) [33 U S C §§1311(a), 1317(d) and 1319(c)(1)]
11/16/82 Company pled guilty to both counts
11/16/82 Company sentenced to $19,000 fine on each count for total of $38,000
Facts Discharge of raw sewage and sewage effluent from December 15, 1982 to Novem-
ber 10, 1983 into the Atlantic Ocean by means of diverting valves or bypass lines
installed in club's permitted sewage collection and treatment plant, also, falsifi-
cation of Discharge Monitoring Reports to EPA Post is Company president and 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
Louisville and Nashville Railraod
(cont )
Ocean Reef Club, Inc
Russell A Post
Claude H Gehman
Mark Malka
85-909
(S D Fla )
Company, Gehman and Malka - One misdemeanor count conspiracy to violate Clean
Water Act [18 U.S C. §371], one felony count conspiracy to file false statements
with and conceal material facts from EPA [18 U S C §371], 12 felony counts
making false statements [18 U S C §1001], and 332 misdemeanor counts discharg-
ing pollutants without NPDES permit and violation of permit conditions in vio-
lation of Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and
1319(c)(1)],
Post - One count conspiracy to violate Clean Water Act and 332 counts discharg-
ing in violation of Clean Water Act, Sees 301 and 309(c)(1)
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
Raymond Borowski
83-151
(N D 111 )
EPA Region V
Facts Defendant operated several municipal sewage treatment plants in Dupage
County, Illinois, where, during period between October 1977 to July 1978, defendant
understated pollutant amounts by half for three of the plants when filing Discharge
Monitoring Reports required under Clean Water Act
02/23/83 13-count indictment returned charging submittal of false information
[18 U S C §1001]
04/22/83 Defendent pled guilty to two-count superseding information filed on same
date charging submittal of false information under Clean Water Act, Sec 309(c)(2)
[33 U S C §1319(c)(2)]
06/01/83 Defendant sentenced to 3 years probation and 200 hours community service
Venus Laboratories,
85-00238
(N 0 , 111 )
Inc
Facts Liquid chemical wastes, including cleansers, drain cleaners and other clean-
ing agents discharged into tributary of Des Plains 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)(1) [33 U S C §1311 and 1319(c)(1)]
-------
10/15/87 - 5
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Facts and Status
EPA Region V (cont )
Venus Laboratories, Inc
(cont )
08/01/85
09/17/85
Company entered guilty plea to four counts violation of Clean Water Act
Company sentenced to $2,500 fine on each count for $10,000 total
Jay Woods Oi1, Inc
Edmond 0 Woods
87-20012
(E D Mich )
Facts Jay Woods Oil, Inc , operated a number of underground injection wells in con-
junction with its oil recovery operation EPA discovered plugs installed on four
wells during a mechanical integrity test
02/13/87 A Federal grand jury indicted Jay Woods Oil, Inc and Edmond Woods on four
felony counts of concealing a material fact from EPA by trick, scheme or device in
violation of 18 U S C §1001 In addition, Woods was charged with having committed
perjury before a grand jury, in violation of 18 U S C §1623, a felony The Company
and Woods were charged with deceiving EPA by placing plugs into four underground
injection wells so it would appear that they met the mechanical integrity test
requested by EPA Region V under 40 CFR Part 144 promulgated pursuant to the Safe
Drinking Water Act [42 U S C §§300(f) and 300(g)]
04/20/87 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 Woods was assessed $50 on each count and sentenced to 9 months
incarceration on each count to be served concurrently He will be considered for
release upon serving 3 months
Facts Lynch, a former employee of Woods Contracting, was present when Woods
installed the plugged nipple 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 pl.ed guilty to one count of a superceding 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 6 months imprisonment, imprisonment suspended, 2
years probation for violation of 18 U S C § 401(3)
Samar Chatterjee Facts Chatterjee is a consultant on environmental matters He submitted testing
CR-87-656 data relative to sanitary sewer connections, flow gauging, manhole inspections and
(N D 111 ) 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
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 CWA [18 U S C §371], 11
counts of submitting false CWA documents [18 U S C §1001] and 20 counts of mail
fraud involving CWA [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
Frank Lynch
87-CR-200178C
(E D Mich )
Maritz, Inc
84-00026
Wi11 lam E Pieber
84-00027
(ED Mo )
EPA Region VII
Facts False statements contained in Discharge Monitoring Reports and 80D limits
in NPDES permits exceeded by wastewater treatment plant in Fenton Pieber is man-
ager of Company's wastewater treatment facility
02/13/84 Five-count information filed against Company charging four counts viola-
tion of Clean Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a)] and
1319(c)(1)] and one count false statements [18 U S C §1001] Two-count information
filed on same date charging Pieber with two counts in violation of Clean Water Act,
Sees 301(a) and 309(c)(1)
02/15/84 Pieber pled guilty to all charges
02/17/84 Company pled guilty to all charges
-------
10/15/87 - 6
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont.)
Defendant(s)/Docket No /Court Facts and Status
EPA Region VII (cont )
03/09/84 Peiber sentenced to 30 months probation, 150 hours community service and
$2,500 fine
03/23/84 Company sentenced to 5 years probation, $10,000 fine on false statement
count and $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 work plan 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
Facts Five cities paid chemical laboratory in Festus 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 Labora-
tories, Inc ) with three counts false statements [18 U S C §1001], two counts
mail fraud [18 U S C §1341] and five misdemeanor counts of false statements under
Clean Water Act, Sec 309(c)(2) [33 U S C §1319(c)(2)]
08/01/85 Roth pled guilty to one felony count of false statements and two misde-
meanor counts of false statements
09/06/85 Roth sentenced to 4 months imprisonment on each Clean Water Act count
(terms to run concurrently) Sentencing on felony count suspended pending completion
of 5 years probation and 200 hours community service
Facts Routine EPA inspection discovered facility lacked technical capability to
analyze samples for fecal coliform (FC) parameters Discharge Monitoring Reports
stated "0" FC discharge, lab denied testing Knoedler is sewage treatment techni-
cian, Newman is controller, and Swenson is plant manager
11/19/84 Five-count information filed charging Knoedler and Newman with four counts
submitting false statements under Clean Water Act, Sec 309(c)(2) [33 U S C
§1319(c)(2)] Swenson charged with one count violation of permit conditions under
Clean Water Act, Sees 301 and 309(c)(1) [33 U S C §§1311 and 1319(c)(1)]
12/04/84 Knoedler pled guilty to two counts violation of Clean Water Act, Sec
309(c)(2) and sentenced to 1 year probation and $300 fine on each count plus court
costs
03/26/85 Five-count superseding information filed against Newman and Swenson charg-
ing 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)(1)
06/03/85 On scheduled trial date, all charges against Swenson and Newman dismissed
on motion by Office of United States Attorney
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 3 years and 6 months imprisonment (all but 6 months
suspended), $10,000 fine on conspiracy charge with additional 6 months of imprison-
ment, $10,000 fine on false reports charge, sentences to run consecutively, plus 5
years probation, 200 hours community service and $21,075 restitution to TWA
Maritz, Inc
(cont )
Eric Donald Rotn Sr
85-00119
(E 0 Mo )
Dale L Knoedler
Jim D Newman
Roger Swenson
(Dugdale of Nebraska, Inc )
84-00059
(D Neb )
Arnold N Graham
(TWA)
86-00137
(WD Mo )
-------
10/15/87 - 7
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region VII (cont )
Facts Reidy Terminal, Inc is 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 [33 U S C §§1311(a) and
1319(c)(1)] The Company pled guilty to the five-count charge on the same day
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)(1)
[33 U S C §§1311 and 1319(c)(1)], 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 Sec 13 of Rivers and Harbors Appropriation Act of 1899 (Refuse Act)
[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)(1)] and one count unpermitted discharge
of waste [33 U S C §§407 and 411]; one count of failure to report discharge was dis-
missed 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)(1) [33 U S C
§§1311 and 1319(c)(1)] Johnson pled guilty to one count information on 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 3 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 3 years probation, 100 hours of community service and
$25 special assessment
EPA Region VIII
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)(1) [33 U S C §§1311 and 1319(c)(1)]
02/13/86 Company sentenced to $10,000 fine plus $100 assessment to Crime Victims
Fund
05/05/86 Company listed on EPA's List of Violating Facilities as a result of Clean
Water Act violation Pursuant to 40 CFR Part 15, facility may not be used in any
new, renewed or extended Federal contract, subcontract, grant, loan, subgrant or
subloan
EPA Region IX
Facts Raw sewage discharged into Colorado River through P0TV 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 Sees 301(a) and 309(c)(1) of
the Clean Water Act [33 U S C §§1311(a) and 1319(c)(1)]
Reidy Terminal, Inc
87-00178 CR (4)
(ED Mo )
Wisconsin Barge Line, Inc
87-I80CR (M2)
(ED Mo )
Anthony OeJohn
87-00181CR (M4)
James Johnson
87-00
(ED Mo )
Rocky Mountain Materials and
Excavating, Inc
85-350
(0 Colo )
Ralph Burgholier
Lavell Mclntire
86-00261
(D Ariz )
-------
10/15/87 - 8
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Defendant(s)/Docket No /Court Facts and Status
EPA Region IX (cont )
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)(1) [33 U S.C §1319(c)(l)]
08/31/87 Burgholzer was fined $7,500 and a $75 special assessment Mclntyre was
fined $7,500 and must resign from post as chairman of Joint Venture Sewer System
EPA Region X
Facts Company engaged in pressure-treating wood products with preservatives con-
taining 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)(1) [33 U S C
§§1311 and 1319(c)(1)], one count storage and disposal of hazardous wastes without
permit in violation of RCRA, Sec 3008 (d)(2) [42 DSC §6928(d)(2)], two counts
conspiracy [18 U S C §371] and two counts false statements [18 U S C §1001] Com-
pany charged with seven counts violation of Clean Water Act, Sees 301 and 309(c)(1),
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
Ralph Burgholzer
(cont )
Wi 11 lam C Cairr.s
David G Chevalier
Charles D Hudson
Donald D Johnson
The Wyckoff Company, Inc
84-00167
(W D Wash )
03/11/85 On scheduled trial date, all same 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)(1) and one count conspiracy
to violate Clean Water Act
Cairns - One count storage of hazardous waste without permit in violation of
RCRA, Sec 3008(d)(2)(A)
Chevalier, Hudson and Johnson - One misdemeanor count each of conspiracy to
violate Clean Water Act [18 U S C §371]
04/19/85 Defendants sentenced as follows
Company - As per plea agreement, fined $1,000,000 (all but $150,000 suspended),
5 years probation on condition it obey all laws, expeditiously clean up facility
and pay $850,000 into trust account administered by Region X for study and
cleanup of site
Cairns - 1 year imprisonment (all but 60 days suspended), 2 years probation,
$25,000 fine
Chevalier - 2 years probation plus 200 hours community service, $10,000 fine
Hudson - 2 years probation plus 150 hours community service, $5,000 fine
Johnson - 2 years probation plus 100 hours community service, $2,500 fine
All individual fines to be paid from personal funds
-------
10/15/87 - 9
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
Oefendant(s)/Docket No /Court Facts and Status
EPA Region X (cont )
Facts Discharge of sand blast waste laden with toxic heavy metals including lead,
arsenic and copper into Lake Union and Duwamish River Company involved in ship
building operations R Woeck is president, P Woeck is vice president and superin-
tendent of new construction, Anderson is vice president and Brady is ship repair
superintendent
05/08/86 115-count indictment returned charging
R Woeck - One count conspiracy [18 U S C §371], 113 counts discharging pollu-
tants without permit in violation of Clean Water Act, Sees 301(a) and 309(c)(1)
[33 U S C §§1311(a) and 1319(c)(1)] and one count obstructing navigable water-
way in violation of Section 10 of Rivers and Harbors Appropriations Act of 1899
[33 U S C §§403 and 406]
P Woeck and Anderson - One count conspiracy and 113 counts discharging pollu-
tants without permit
Brady - One count conspiracy and 81 counts discharging pollutants without
permit
Company - 113 counts discharging pollutants without permit and one count
obstructing navigable waterway
12/01/86 Corporation, Peter and Richard Woeck and Anderson each pled guilty to two-
count information filed that date charging negligent discharge of pollutants in vio-
lation of Clean Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a) and
1319(c)(1)] Charges against Brady dismissed
04/10/87 Marine Power was sentenced to pay a $200,000 fine and placed on probation
for 3 years Richard Woeck was sentenced to pay a $4,000 fine, serve 5 days of a
1-year term of imprisonment and provide 300 hours of community service Peter Woeck
was sentenced to pay a $3,000 fine, serve 5 days of a 1-year term of imprisonment and
provide 300 hours of community service and placed on probation for 3 years Anderson
was sentenced to pay a $1,000 fine and placed on probation for 3 years
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)(1) [33 U S C §§1311(a) and 1319(c)(1)]
08/14/86 Jury returned guilty verdicts on three counts against each
defendant
10/06/86 Corporation sentenced to a $60,000 fine (all but $30,000 suspended) and
5 years probation plus $300 penalty assessment to Crime Victims Fund Schwitters
sentenced to $15,000 fine (all but $5,000 suspended) and placed on probation for
1 year plus $75 penalty assessment to Crime Victims Fund
Bruce Norman Barker Facts Dredged spoils discharged into Lake Washington Ship Canal, and Army Corps of
Washington Boat Center, Inc Engineers investigator falsely informed that large dredging pump was used not to
86-00127 dredge but for removal of silt cloud Barker is chief operation officer
(W D Wash )
05/08/86 57-count indictment filed charging Barker and Company each with one count
false statements [18 U S C §1001] and 56 counts willfully and negligently discharg-
ing pollutants without permit in violation of Clean Water Act, Sees 301(a),
309(c)(1) and 404 [33 U S C §§1311(a), 1319(c)(1) and 1344]
08/01/86 Defendant's motion to dismiss false statement count granted based on
"Exculpatory No" doctrine
Richard C Woeck
Peter F Woeck II
Lloyd Anderson
Frank Brady
Marine Power and Equipment, Inc
86-128
(W D Wash )
Paul D Schwitters
Sea Gleaner Marine, Inc
86-00129
(W 0 Wash )
08/04/86 Trial begins
-------
10/15/87 - 10
ENVIRONMENTAL INVESTIGATION INITIATED WITH
CLEAN WATER ACT (CWA) AUTHORITY (cont )
0efendant(s)/Docket No /Court
Facts and Status
EPA Reqion X (cont )
Bruce Norman Barker
08/07/86 After 4 days of trial
, court ordered judgment of acquittal of all remain-
(cont )
ing counts for each defendant
Sam Jenkins, Jr Facts Liquid waste from bark processing discharged into Hylebas Waterway Jenkins
Sea Port Bark Supply, Inc is owner of Company
86-31
(W 0 Wash ) 04/15/86 Information filed charging Company and Jenkins each with three counts dis-
charging pollutants into navigable water without NPDES permit in violation of Clean
Water Act, Sees 301(a) and 309(c)(1) [33 U S C §§1311(a) and 1319(c)(1)]
06/11/86 Company and Jenkins each entered guilty pleas to one Clean Water Act
count
Wi1 lard L Kaser
86-00040
Nabisco Brands, Inc
86-00041
William Parks
86-00042
(W 0 Wash )
08/29/86 Company sentenced to $2,500 fine ($1,500 suspended) which includes $100
mandatory penalty assessment to Crime Victims Fund and one year probation Jenkins
sentenced to $2,500 fine ($2,250 suspended) which included $25 mandatory penalty
assessment to Crime Victims Fund, plus 1 year probation
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 negli-
gently discharging pollutants without permit in violation of Clean Water Act, Sees
301(a) and 309(c)(1) [33 U S C §§1311(a) and 1319(c)(1)] One-count information
filed charging Parks with conspiracy to discharge pollutants without permit [18
USC §371] Indictment returned charging Kaser with one count conspiracy, seven
counts mail fraud [18 USC §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)(1)
05/14/86 Company and Parks entered guilty pleas to all counts charged
06/25/86 Kaser entered guilty plea 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 Victims Fund and 3 years probation
07/18/86 Parks sentenced to $2,500 fine and 3 years probation plus 250 hours com-
munity service
09/12/86 Kaser sentenced to $5,000 fine and 1-year and 1-day term of imprisonment
of which he must serve at least 9 months and 18 days plus $75 assessment to Crime
Victims Fund
12/86 Fleischman's Yeast, Inc added to the "Consolidated List of Debarred, Sus-
pended and Ineligible Contractors" for an indefinite period
-------
SECTION IV
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA) 7 USC § 136
PL 92-516
PL 95-396
-------
07/17/87 - 1
ENVIRONMENTAL INVESTIGATION INITIATED WITH
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA) AUTHORITY
Defendant(s)/Docket No /Court
Bryce Anderson
Randy Zimmerman
83-00038
(D Neb )
John Martin Anderson
(A C Supply, Inc )
84-00056
(D Wyo )
Facts and Status
EPA Region VII
Facts Ortho Paraquat CL, a registered pesticide for restricted use, applied without
EPA certification Anderson, once a certified applicator, had let certification
lapse.
06/13/83 One count information filed charging each defendant with violation of
FIFRA [7 U S C §136j]
07/26/83 Anderson pled guilty to one FIFRA count and sentenced to $100 fine (he had
been recertified by EPA prior to sentencing) Charges against Zimmerman dismissed
EPA Region VIII
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 NP0ES permit
06/22/84 Six-count indictment filed charging four counts violation of FIFRA [7
USC §136j(a)], one count violation of Clean Water Act, Sees. 301 and 309(c)(1)
[33 U S C §§1311 and 1319(c)(1)], and one count false statements [18 U.S C. §1001]
09/18/84 Defendant pled guilty to three FIFRA counts and one count violation of
Clean Water Act
11/20/84 Defendant sentenced to 3 years probation plus compliance with all environ-
mental laws for 18 months and $5,000 contribution to Big Horn County Agricultural
Extension Service or, in the alternative, fine of $6,150
Ross L Talbott Facts Azinphos methyl SOW, a restricted use pesticide, applied inconsistent with
Ross M Talbott labeling to apple orchard and trailer park m New Castle Failure to notify tenants
(Talbott Enterprises, Inc ) and prevent re-entry for 48 hours, as required Defendants were corporate
85-00012 principals
(0 Colo )
01/11/85 One-count information filed charging both defendants with violation of
FIFRA, Sees 12 and 14 [7 U S C §§1361(b)(2) and 136j(a)]
02/25/85 Both defendants pled guilty to petty offense
03/25/85 Ross L Talbott sentenced to $100 fine and Ross M Talbott fined $50
EPA Region X
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
W B Sprague Company, Inc
Alfred H Treleven
Laurence R Treleven
84-36
(W 0 Wash )
06/06/84 Two-count indictment filed charging Company with one count violation of
FIFRA [7 U S C 136j(a)], Alfred Treleven and Laurence Treleven each with one count
violation of FIFRA and one count violation of Migratory Bird Treaty Act
06/29/84 Company pled guilty to information and sentenced to $20,500 fine Tre-
levens pled guilty to information and fined $5,500 each
-------
SECTION V
Toxic Substances Control Act (TSCA)
Toxic Substances Control Act (TSCA) 15 USC §§ 2601-2654
PL 94-469
PL 99-519
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10/15/87 - 1
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
TOXIC SUBSTANCES CONTROL ACT (TSCA) AUTHORITY
Defendants )/Docket No /Court
Facts and Status
Electro Sales Co
84-00148
(D Mass )
EPA Region I
Inc 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 inforamtion filed
on same date charging one count violation of TSCA [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
SCA Chemical Services (MA), Inc
84-00157
(0 Mass )
Freeman Krum
87-0071
(M D Pa )
0ms Lynwood Hoi ley
Holley Electric Corporation
83-00119
(M D Fla )
Onis Lynwood Holley
83-00169
(M D Fla )
Facts At least 10 pounds of PCBs released in Baintree, MA 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 I S C §9603(b)]
09/06/84 Company entered guilty plea and sentenced to $7,500 fine
EPA Region III
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
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 [15 U S C
§§2614, 2615(b) and 2605(e)] 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 con-
currently and costs of $25 on each count
EPA Region IV
Facts Full cleanup of PCBs falsely claimed under agreement with Air Force Dis-
posal of PCBs by transformer rupture, placement in underground diesel fuel tank,
improper landfilling of PCB capacitors and liquids Also failed to properly mark
drums Holley is Company president
08/10/83 10-count indictment returned against Company and Holley charging six
counts violation of TSCA [15 U S C §2614], one count false claim to government
[18 USC §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 USC §1001]
Company pled guilty to one count TSCA violation and one count false claim
12/02/83 Company sentenced to $35,000 fine and 2 years probation
to $25,000 fine and 2 years probation
Holley sentenced
American Electric Corporation
Maxwell S Cobb
0 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 com-
pany 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
fol lows
24 count indictment filed charging Company, Cobb, Hamm and Holloway as
Company and Cobb - 12 counts false statements [18 USC §1001], eight counts
mail fraud [18 USC §1341], one count false claims [18 USC §287] and three
counts violation of TSCA [15 USC §2614]
-------
10/15/87 - 2
ENVIRONMENTAL INVESTIGATION INITIATED WITH
TOXIC SUBSTANCES CONTROL ACT (TSCA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Facts and Status
American Electric Corporation
(cont )
EPA Region IV (cont )
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
EPA Region V
Herman Zeldenrust Facts Defendant (plant manager for Joslyn Manufacturing and Supply Co ) disposed of
83-442 55-gallon drum of 100% PCBs at or near McGmty Forest Preserve
(N D 111 )
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 1 year probation and
$3,000 fine to be paid from defendant's personal funds
Patrick W Paciesas Facts Patrick W Paciesas was president of Sea Bright Environmental Company, Inc
87-0059 Sea Bright was an Ohio corporation authorized to do business in Kentucky for the pur-
(S D Oh ) pose of removal, transportation and disposal of hazardous waste and decommissioning
of electrical transformers and capacitors Sea Bright contracted for the transporta-
tion 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 dishcarging PCB-
contaminated oil on the ground in violation of TSCA [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 PCBs contami-
nated oil in an unlawful manner, a misdemeanor
09/28/87 Paciesas sentenced to 2 years probation, 100 hours of community service
and mandatory enrollment in an alcohol treatment program
Transformer Services (Ohio), Inc
Gregory A Bootn
Robert W Rafferty
83-00252A
(N 0 Ohio)
09/29/83 Seven-count indictment returned charging
Company and Rafferty - One count violation of TSCA [15 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 §1343], 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, 2 years probation and 240 hours community service performed over 2-year
period Failure to perform community service would result in $50,000 fine for each
individual
Facts Transformer refurbisher and disposer, when cleaning up PCBs from own facility
under consent agreement with EPA, attempted to dispose of and conceal PCB soils in
Mogodore Auto Wrecking Yard Defendants claimed soil was stolen from facility
Booth was president and general manager and Rafferty was warehouse and operations
manager
-------
10/15/87 - 3
ENVIRONMENTAL INVESTIGATION INITIATED WITH
TOXIC SUBSTANCES CONTROL ACT (TSCA) AUTHORITY (cont )
Defendant(s)/Docket No /Court
Electric Service Company
Laddie F Snyder
Ernest J Mondron
Franklin D Baker
Wallace 0 Childers
85-0117
(S D Ohio)
Facts and Status
EPA Region V (cont )
Facts Refurbusher and disposer of PCB items, primarily transformers, signed admin-
istrative 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 Baker and Childers were each 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 concealment from Agency of unauthorized storage of PCB-contaminated
dirt [18 USC §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 acquited Childers Company and Mondron each convicted on one count illegal PCB
disposal, one count failure to mark PCB storage area [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 USC §1001] and one count conspiracy
[18 USC §371] Baker convicted of one count illegal PCB disposal [15 USC
§§2614 and 2615(b)] and one count conspiracy
04/14/85 Company sentenced to 1 year probation on condition that it perform com-
munity 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 5 years imprisonment (sentence suspended)
plus 1 year probation and 100 hours community service Snyder sentenced to 2 years
imprisonment (sentence suspended) plus 2 years probation and 100 hours community
service Baker received 1 year suspended sentence, 1 year probation and 100 hours
community service
Cambridge Mill Products, Inc Facts Inadvertent excavation of barrels at Keffler and Rose mine site revealed
Charles LeBeau, Jr truckloads of drummed wastes containing PCBs were dumped there LeBeau is president
86-5089L of Cambridge Mill Products, a corporation manufacturing high vacuum pump fluid and
(N D Ohio) reclaiming investment casting wax
09/03/86 Information filed charging each defendant with two counts disposal of PCBs
in violation of TSCA [15 U S C §§2614 and 2615(b)] Defendents 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
EPA Region VII
John Moran, Jr Facts A hooded witness testified before the U S House of Representatives Committee
87-00107-01-CR-2-8 on Government Operations' Subcommittee on the Environment, Energy and Natural
(WD Mo ) Resources that he had, in return for cash payments, dumped capacitors and drums con-
taining 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 state-
ments after he admitted fabrication of the entire PCB-dumping story [18 USC
§1001]
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10/15/87 - 4
ENVIRONMENTAL INVESTIGATION INITIATED WITH
TOXIC SUBSTANCES CONTROL ACT (TSCA) AUTHORITY (cont )
Defendants)/Docket No /Court Facts and Status
EPA Region VII (cont )
Patrick E Perrin Facts Perrin was plant manager for Martha C Rose Chemical Company in Holden,
87-00187-01-CR-W-9 Missouri The Company engaged in the business of transportation and disposal of
(WD Mo ) items such as electrical transformers, capacitors and oil containing polychlorinated
biphenyls (PCBs)
08/20/87 Ten-count indictment charging Perrin with one count of conspiracy in vio-
lation of [18 U S C §371], six counts of making false statements in violation of
[18 USC §1001] and three counts of violating TSCA PCB rule [15 U S C §§2614 and
2615(b)]
EPA Region IX
CSI Technologies, Inc Facts Importation and distribution of specialized high voltage, high frequency
85-0325 capacitors containing PCBs from partner in Columbia under technical assistance
(S D Cal ) contract
04/16/85. Sealed, four-count information filed charging two felony smuggling counts
[18 USC §545] and two misdemeanor counts under TSCA for illegal distribution in
commerce of capacitors containing PCBs [15 USC §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
Custom Food Machinery Facts Ronald McNiel is president and owner of Custom Food Machinery and Eugene
Ronald McNiel Welch is an employee
Eugene Welch
87-20002 01/29/87 Custom Food Machinery, McNiel and Welch each pled guilty to a one-count
(N D Call ) TSCA criminal information filed in San Francisco The count arose from the defend-
ants' illegal burial on the firm's property of a large transformer containing and
leaking PCBs in excess of 50 ppm in violation of TSCA Sections 14 and 15 [15 USC
§§2614 and 2615(b)] Custom Food was fined $15,000 and placed on 3 years probation,
while McNiel was fined $5,100 and given 2 years probation Welch was sentenced to
2 years probation
Gary Van Lom
Eugene F Tienken
Charles Tuttle
Drum Recovery, Inc
84-00005
(D Or )
EPA Region X
Facts Transportation and dumping of sodium hydroxide on street and improper label-
ing, 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 Von Lom - Eight counts violation of TSCA [15 U S C §2614], two
counts violation of CERCLA, Sec 103(b) [42 USC §9603(b)], six counts mail
fraud [18 USC §1341], one count conspiracy [18 USC §371], and 22 counts
violation of Hazardous Materials Transportation Act (HMTA) [49 USC §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 5 years probation with conditions that he (1) stay out
of hazardous waste business for period of probation, (2) pay 1/3 cleanup1costs ana
court costs, and (3) perform 100 hours community service
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10/15/87 - 5
ENVIRONMENTAL INVESTIGATION INITIATED WITH
TOXIC SUBSTANCES CONTROL ACT (TSCA) AUTHORITY (cont )
Defendant^s)/Docket No /Court Facts and Status
EPA Region X (cont )
05/17/84 Van Lom sentenced to one year imprisonment and 5 years probation with con-
ditions including that he (1) stay out of hazardous waste business for period of
probation and (2) pay 1/3 cleanup costs Tienken sentenced to 90 days imprisonment
and 5 years probation and a requirement to pay 1/3 cleanup costs
02/19/85 Charges dismissed against Company
EPA-NEIC Nationally Managed Investigation
Facts Oil and drums containing PCBs sold as ordinary waste oil and distributed in
interstate commerce between Emelle, Alabama and Albuquerque, New Mexico
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 [18 U 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 htm dismissed
on condition they would be reinstated should he fail to successfully complete 1 year
probation
Gary Van Lom, etc
(cont )
Vernon L Baseman
David R Faulkner
(Nuclear Engineering)
83-00081
(0 N M )
09/16/83 Baseman sentenced to $2,000 fine
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SECTION VI
Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) (Superfund)
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) 42 USC §§ 9601-9675
PL 96-510
PL 99-499
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07/17/87 - 1
ENVIRONMENTAL INVESTIGATIONS INITIATED WITH
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT
(CERCLA) AUTHORITY
Defendant(s)/Docket No /Court
Facts and Status
EPA Region I
W R Grace
Facts W R Grace Co submitted a letter to EPA Region I in response to a Request
87-27
for Information issued under Section 3007 of RCRA
(0 Mass )
01/28/87 A Federal grand jury in Boston indicted the W R Grace Co on two felony
counts of making false statements to EPA in violation of 18 U S C §1001 The Com-
pany was charged with making the allegedly false statements in 1982 in a letter
concerning the amounts of certain chemicals (tnchloroethylene and acetone) used at
or purchased for W R Grace's Cryovac Division plant in Woburn, and the types of
chlorinated solvents (such as tnchloroethylene, toluene, acetone and 1,1,1-tri-
chloroethane) 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
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