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         Environmental Crimes Case Bulletin
                    U.S. Environmental Protection Agency
            Office of Criminal Enforcement, Forensics and Training
                       Case Bulletin June 2012
This bulletin summarizes publicized investigative activity and adjudicated cases conducted
by OCEFT Criminal Investigation Division special agents, forensic specialists, and legal sup-
port staff.
Defendants in this edition:
• Boris A. Tomicic — Region I
• Cephus R. Murrell — Region 3
• Rodney R. Hailey— Region 3
• Michael J. McKenna, Blue Marsh Laboratories — Region 3
• Carlos A. Garcia — Region 4
• Spectro Alloys Corporation — Region 5
• The Ohio Valley Coal Company — Region 5
• Kent Phillips — Region 6
• Cody Tuma — Region 6
• Sedrix Blumingburg — Region 7
• Ronald  Monsen — Region 10
                                                             EPA Bulletin June 2012  1

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                           DEFENDANT SUMMARY:
           REGION
         DEFENDANTS
     CASE TYPE/STATUTES
Region 1
Boris A. Tomicic
          Wire Fraud
Region 3
Rodney R. Hailey
CAA/Wire fraud and money laun-
            dering
Region 3
Cephus R. Murrell
 TSCA/Improper lead paint abate-
 ment procedures & failure to dis-
     close lead paint hazards
Region 3
Michael J. McKenna, Blue Marsh
Laboratories
CWA/Falsifying test records, mak-
       ing false statements
Region 4
Carlos A. Garcia
 CAA/Illegal purchase and sale of
  ozone depleting refrigerant gas
Region 5
The Ohio Valley Coal Company
 CW A/Negligent discharge of un-
  treated slurry waste water into
            stream
                                                                              EPA Bulletin June 2012  2

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                              DEFENDANT SUMMARY:
           REGION
         DEFENDANTS
      CASE TYPE/STATUTES
Region 5
Spectro Alloys Corporation
 CAA/Failure to disclose excessive
     hazardous air pollutants
Region 6
                               Kent Phillips
                                CWA/Negligent discharge without a
                                             permit
Region 6
Cody Tuma
CWA/Negligent discharge of waste-
      water into city POTW
Region 7
Sedrix Blumingburg
                                                               Mail fraud/Falsifying safety and auto
         emissions tests
Region 10
Ronald Monsen
 CWA/Unpemitted discharge into
          U.S. waters
                                                                              EPA Bulletin June 2012 3

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  Quick Links:
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p. 4-7
p. 8
p. 9- 12
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Baltimore City Landlord Sentenced to Prison for Lead Paint Violations  — On June 6, 2012, CEPHUS
R. MURRELL was sentenced to a year and a day  in prison, followed by six months of home detention as
part of one year supervised release, for improper lead paint abatement at rental properties owned and man-
aged by Murrell, as well as failure to disclose to tenants the presence of documented lead-based paint haz-
ards. Murrell is the president and owner of C. MURRELL BUSINESS CONSULTANTS, INC., through
which Murrell owns and manages approximately 68 rental properties with 175 rental housing units through-
out Baltimore. All of these properties were built before 1978 and are subject to federal, state and local laws
and regulations pertaining to the risks associated with lead-paint exposure. The Maryland Department of the
Environment (MDE) or its  predecessor agencies have conducted environmental lead inspections for many
years at properties owned by Murrell after discovering that children with  elevated lead blood levels were liv-
ing there.  These inspections identified numerous lead hazards in tenants' homes. The state of Maryland and
the city of Baltimore have issued more than 20 Notices of Violation and compliance orders against Murrell
and/or his company, C. Murrell Business Consultants, for lead-based paint violations, including situations in
which a child with an elevated blood lead level was documented as living in a rental property leased by
Murrell. Additionally, Murrell entered into a number of Consent Decrees with the State and City of Balti-
more designed to achieve compliance with applicable lead requirements.  On July 19, 2011, Murrell pleaded
guilty to three misdemeanor counts of violating  the Toxic Substances Control Act. According to his guilty
plea, Murrell had workers conduct lead-paint abatement work at one of his apartments while the tenants and
their children were present on site, in violation of the lead-paint abatement regulations. In addition, Murrell
admits that there were several instances in which he falsely certified to MDE that workers would be con-
ducting lead abatement work and that a particular supervisor would be on site to supervise the work, when in
fact, no supervisor was on site, also in violation of the lead-paint abatement regulations. Finally, Murrell  ad-
mits that he and his company failed to disclose to tenants the presence of documented lead-based paint haz-
ards when they rented units he owned and managed. Many of these units had a history of lead-based paint
problems that had been documented by MDE. This case was investigated by EPA's Criminal Investigation
Division, MDE, and the Maryland Attorney General's Office.  It was prosecuted by the U.S. Attorney's Of-
fice for the District of Maryland.
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                                                                                           	I
 Photographs taken from an environmental lead inspection conducted on January 18, 2012 at some of the properties owned
                          by Murrell. Inspectors identified numerous lead hazards.
                                                                                  EPA Bulletin June 2012  4

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Connecticut Man Gets Federal Prison Term for Role in Fraud Scheme— On June 18, 2012, BORIS
A. TOMICIC, of West Hartford,  Connecticut, was sentenced in federal district court for the District of
Connecticut to 18 months in prison followed by three years of supervised release for his participation in a
scheme to defraud the developer of a New York shopping mall and the liability insurer of the development
site.  In September 2004, Plaza Construction Company, the general contractor for the shopping mall con-
struction, entered into a subcontract with Earth Technology, Inc., a Connecticut-based environmental con-
tractor, to provide site preparation services, including soil excavation.  TOMICIC served as Earth Technol-
ogy's project manager on the project. He also had an ownership interest in Recycle Technology, LLC, a
contaminated fuel, soil disposal, and recycling company located in Charlton, Massachusetts. During the site
preparation work, a portion of the soil was found to contain high levels of lead.  The contaminated soil was
transported to and disposed of at a facility in New Jersey at  a price  of $127.50  per ton.  Using Recycle
Technology as a so-called "broker," TOMICIC directed Williams McCambridge, who served as the nomi-
nal owner of Recycle Technology, to receive the invoices for $127.50 per ton and then re-invoice Earth
Technology at a price of $218 per ton. TOMICIC then took Recycle Technology invoices provided to Earth
Technology, marked them up another 15  percent, and fraudulently passed the resulting $250.70 per ton
price to Plaza Construction Company and Atlas Park, LLC, the shopping mall developer.  When  asked for
competitive bids related to the disposal costs after Chubb Insurance, the site liability insurer, had requested
them, TOMICIC fabricated two bids to give the false  appearance that the $218 per ton price purportedly
proposed by Recycle Technology was the low bid among three competitive bids. The trial evidence showed
the fabricated bids caused the insurance company to pay more on the claim than it would otherwise have
paid.  TOMICIC was ordered to pay restitution  of $90,000 to Chubb Insurance.  McCambridge pleaded
guilty to conspiracy to commit wire fraud on July 7, 2009, and awaits sentencing.
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Louisiana Wastewater Manager Sentenced for Illegally Discharging Pollutants into the Red River —
On June 20, 2012, CODY TUMA, of Shreveport, Louisiana, was
sentenced in federal district court for the Western District of Lou-
isiana to five years of supervised probation after having pled guilty
to one misdemeanor count of discharges to the Red River, in viola-
tion of the CWA.  Tuma faced up to a year in prison and/or a fine
of up to $100,000.00, however, the government filed a motion
seeking a downward departure from the sentencing guidelines for I
Tuma's cooperation. Tuma was plant operator in 2005 and night
shift supervisor in 2006 at Arkla Disposal Services, Inc. (Arkla).
The Arkla facility, located in Shreveport, was a centralized waste-'
water treatment  facility that received  wastewater from industrial  This pipe tithe first underwater extension of
                                                              Arkla s river outfall. The underwater piping
processes and oilfield exploration and production facilities.  Arkla  prevented the detection of the illegal river dis-
contracted to treat the wastewater through a multi-step treatment                charges.
process and then discharge the treated wastewater to either the city of Shreveport's publicly owned treat-
ment works or to the Red River.  Between January 2005 and August 2005, Tuma negligently discharged
and caused to be discharged pollutants into the Red River  without a permit.  His father, John Tuma, was
convicted by a jury on all five counts in an indictment against him which included violations of the Clean
Water Act, conspiracy, and obstruction of justice related to illegal  discharges coming from the Arkla Dis-
posal Services, Inc. John Tuma is scheduled  to be sentenced on July 25, 2012. This case was investigated
by EPA's Criminal Investigation Division and is being prosecuted by the U.S. Attorney's Office for the
Western District of Louisiana and the Environmental Crimes Section of the Department of Justice.
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                                                                                 EPA Bulletin June 2012  5

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The tug 'Pathfinder' moored in Valdez after grounding.
          Photograph: US Coast Guard
Tugboat Captain Sentenced for Hitting Reef in Alaska — On June 15, 2012, RONALD MONSEN, of
                                                      Anchorage,  Alaska,  was  sentenced  to  36
                                                      months of probation with the first six months to
                                                      be spent  on home  confinement.  He was also
                                                      fined $15,000 and ordered to provide 50 hours
                                                      of community service. Monsen's sentence was
                                                      the result of his guilty plea and conviction for
                                                      violating the federal Clean Water Act.  Monsen
                                                      was a captain in  command of the  Pathfinder
                                                      Tug operated by Crowley  Maritime Corpora-
                                                      tion. On December 23, 2009, the Pathfinder was
                                                      conducting  ice scouting operations in  the area
                                                      of Bligh Reef in Prince William Sound, Alaska.
After scouting for ice, Captain Monsen kept the Pathfinder in Prince William  Sound until it was time to
communicate his ice report at 6 PM, expecting that he would then be released from scout duty and allowed
to return to Valdez harbor. While waiting until  6  PM, Monsen altered the auto-pilot course back to Valdez
by manually  by-passing or skipping two way  points on  the pre-programmed Global Positioning System
course that would safely guide the Pathfinder's travel out of Prince William Sound and back to Valdez har-
bor. By  skipping these two way points, Monsen set a course that, once it was engaged, would steer the Path-
finder directly to Rocky Point way point.  After Monsen by-passed these two way points, but before  it was
time to engage this course and return to Valdez, the Pathfinder continued to travel slowly to the southeast,
putting the vessel due south of Bligh Reef. As the vessel traveled, Bligh Reef was soon directly in the path
between the Pathfinder and the Rocky Point way point. At 6 PM, the second mate called in the ice report and
the tug was released from ice duty. Monsen then placed both engines full speed ahead, and engaged the auto-
pilot to steer the vessel directly to the Rocky Point way point. He did not chart his position or attempt to de-
termine  his exact location via GPS or any other method. As a result, when Monsen engaged this course, he
did not know the location of the  Pathfinder, was  unaware that the vessel was 1.5 miles due south  of Bligh
Reef, and did not recognize that he had set a course that was taking the Pathfinder directly into the reef. Af-
ter making the course change, Monsen instructed the second  mate to make an entry in the logbook, but he
did not observe that the vessel was headed directly toward the reef, Monsen did not check the vessel's loca-
tion or the location of the reef in relation to his course. The vessel was left on autopilot with no one at the
controls. Had Monsen not deleted the two way  points earlier in the evening, the Pathfinder would have
steered northwest, back to these points, and clear I
of Bligh Reef. Instead the Pathfinder headed due
north and ran aground on Bligh Reef at approxi-
mately 6:14 PM on December 23. As a result of I
the  grounding, the Pathfinder's  keel and tanks
were  breached and the vessel  discharged ap-
proximately 6,410 gallons of fuel, causing a visi-1
ble sheen on the water  of Prince William Sound.
The judge in the case  called  Monsen's conduct I
grossly negligent. In determining an appropriate
sentence, the judge took into account that as a
result Of his  conduct  Monsen no  longer had a  Oti spill containment booms surround'Pathfinder'following itspre
pilot's license and was no  longer employed as a       -Christmasgrounding. Photograph:MercatorMedia
captain.
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                                                                                 EPA Bulletin June 2012  6

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International Product Support Company Senior Vice President Sentenced  for the Illegal Purchase
and Sale of Smuggled Ozone-Depleting Refrigerant Gas - On June 26, 2012, CARLOS A. GARCIA
                                             was sentenced in federal district court for the Southern Dis-
                                             trict of Florida to  13 months  in prison, followed by two
                                             years of supervised release, including four months of home
                                             confinement under electronic monitoring for his role in the
                                             illegal receipt, purchase, and sale of ozone-depleting refrig-
                                             erant gas that had been smuggled into the United States in
                                             violation of the Clean Air Act.
                                                Garcia pled guilty in April, 2012 to a charge of know-
                                             ingly receiving, buying, selling and facilitating the trans-
                                             portation, concealment,  and sale of approximately  13,600
                                             kilograms  of the ozone-depleting  substance  hydrochloro-
                                              fluorocarbon-22 (HCFC-22), a widely used refrigerant for
                                              residential heat pump and air-conditioning systems.  Gar-
                                              cia's employer, Mar-Cone Appliance Parts  Co. (Marcone),
                                              was previously convicted and  sentenced for its role in the
                                              illicit  con-
Container shipped by Kroy Corporation (a convicted
  defendant in a separate investigation) where the
smuggled refrigerant was hidden behind some legal
refrigerant. It was subsequently shipped to Marcone
during a monitored delivery as part of a undercover
      operation initially targeted at Kroy.
duct and ordered to pay a $500,000 criminal fine, a $400,000
community  service payment,  and was  ordered to forfeit to
the United States $190,534.70 in illegal  proceeds.
   Garcia was senior  vice-president of Marcone's  Heating
and  Cooling Division,  responsible for  executing legal pur-
chases and sales of refrigerant gas.  Instead, Garcia  engaged
in a pattern  of conduct to  purchase and sell  black market
HCFC-22. The investigation revealed  that Garcia routinely
arranged the purchase  of HCFC-22 from importers  who did
not hold the required unexpended  consumption allowances,
totaling approximately 55,488 kilograms of restricted HCFC
-22,  with a fair market value of  approximately $639,458.
The  refrigerant gas was routinely  distributed by Marcone
                                               throughout
                                                          EPA Special Agents tunneled down the left side of
                                                          the container and discovered the smuggled refrig-
                                                           erant while still at the Port. Garcia claimed he
                                                          never purchased imported refrigerant and this was
                                                          an essential part of the evidence to show the refrig-
                                                              erant they received was indeed Chinese.
 Entire contents of one of the three containers that Kroy
 had imported and had promised the smuggled portion
  to Marcone. EPA Special Agents did not allow the
  third container to be delivered and seized it instead.
                                               the  United
                                               States.
                                                 This matter and others involving the  smuggling and
                                               distribution of ozone-depleting substances are being in-
                                               vestigated through a multi-agency initiative that includes
                                               EPA's Criminal Investigation Division, known as Opera-
                                               tion Catch-22.  Operation Catch-22 has, to date, resulted
                                               in the successful conviction of nearly a dozen individuals
                                               and corporations at every level of the  refrigerant gas
                                               smuggling and distribution chain.
                                               Back to Top
                                                                                   EPA Bulletin June 2012  7

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                                    Trials (Back to Quick Links)
'Clean Green Fuel' Owner Convicted of Scheme to Violated EPA Regulations and Sell Fraudulent
Renewable Fuel Credits - On June 26, 2012, RODNEY R. HAILEY, of Perry Hall, Maryland, was con-
victed in federal district court in Maryland of wire fraud, money laundering and a violation of the Clean Air
Act, in connection with a scheme in which he sold $9 million in renewable fuel credits he falsely claimed
were produced by his company,  Clean Green Fuel, LLC.  According to evidence, Hailey owned Clean
Green Fuel, LLC, located in the Baltimore area.  Hailey registered Clean Green Fuel with the EPA as a pro-
ducer of bio-diesel fuel,  a motor vehicle fuel derived from renewable resources that can be used  like any
other motor vehicle fuel.  In order to encourage the production of renewable fuel and lessen the nation's de-
pendence on foreign oil, all oil companies that market petroleum in the U.S. are required to produce a given
quantity of renewable fuel or to purchase credits, called renewable identification numbers (RINs) from pro-
ducers of renewable fuels to satisfy their renewable fuel requirements. Between March 2009 and December
2010, Hailey sold over 35 million RINs (representing 23 million gallons of bio-diesel fuel) to brokers and
oil companies for at least $9 million, when in fact Clean Green Fuel had produced no fuel at all and Hailey
did not have a facility capable of producing bio-diesel fuel.
    Two civil inspectors  from EPA's Air Enforcement Division visited Clean Green's headquarters on July
22, 2010, to inspect Hailey's bio-diesel production facility, in response to a complaint alleging that Clean
Green had been selling false RINs. Hailey was not able to provide an exact location for the bio-diesel fuel
production facility, nor  any records to support claims that Clean Green Fuel had  produced bio-diesel
fuel.  When asked to explain his  method of production, Hailey falsely stated that he paid employees and
contractors to recover waste vegetable oil from 2,700 restaurants in the "Delmarva" area and bring it to his
production facility where he converted it to bio-diesel fuel. Hailey claimed that only the drivers who picked
up the oil knew the names of the restaurants, and Hailey could not provide the names of the drivers. Federal
law  enforcement agents  investigated the scheme after a Baltimore County police  detective working with
Maryland's federal financial crimes  task force received a report about the  large number  of luxury cars
parked in front of Hailey's house. The financial crimes task force contacted the EPA's Criminal Investiga-
tion Division and initiated a criminal investigation.
   Hailey used the proceeds of the wire fraud scheme to purchase luxury vehicles as well as real estate and
jewelry.  In all  of these transactions, Hailey generally used cash or checks drawn on accounts he controlled
to make the purchase, including a check for $645,330.15 to buy his home in Perry Hall.  The government
seeks forfeiture of the cars, jewelry, property and bank accounts already seized by  the government, as well
as any other proceeds traceable
to the offense,  in order to  sat-
isfy  a monetary judgment of $9
million. Hailey faces a  maxi-
mum sentence  of 20  years in
prison for each of eight counts
of  wire  fraud;  10   years  in
prison for each of 32  counts of
money  laundering  and  two
years in prison for each of two
counts of violating the  Clean
Air Act.   Sentencing is sched-
uled for October 11, 2012.
Back to Ton                    Items purchased by Hailey from the proceeds of the wire fraud scheme which were
                                                      seized by the government.

                                                                                  EPA Bulletin June 2012  8

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                            Plea Agreements (Back to Quick Links)
       Inside Blue Marsh Laboratories
Environmental Testing Lab Company Owner Pleads Guilty to Falsifying Test Results— On June 11,
                                      2012, MICHAEL J. McKENNA, president, laboratory direc-
                                      tor, and owner of BLUE MARSH LABORATORIES, INC.,
                                      pled guilty to conspiracy, making a false material statement in a
                                      report, record and document required to be filed under the Clean
                                      Water Act, and making a false statement in a matter within the
                                      jurisdiction of the Food and Drug Administration (FDA).  Sen-
                                      tencing has been set for September 10, 2012. Blue Marsh Labo-
                                      ratories, Inc., located in Douglassville,  Pennsylvania, and Mi-
                                      chael McKenna were engaged in the business of analytical test-
                                      ing of environmental samples, including water and wastewater
                                      samples, in  order to determine the amounts of pollutants and
levels of other chemicals present in the water.  From approximately September 2005 through October 2005,
the defendants prepared and mailed false and fraudulent test results for Hurricane Katrina flood water sam-
ples which were required by EPA to be tested for contamination by various pollutants, including, among
others, cyanide, and the herbicides MCPA and MCPP. From approximately June 2006 through December
2006, the  defendants prepared and mailed false  and fraudulent water test results  required by the United
States Army Corps of Engineers for four separate reservoirs which were required to be tested for contami-
nation by various pollutants. From approximately July 2007 through September 2007, the defendants pre-
pared and  sent false and fraudulent test results required by  the FDA for the testing of certain fruit, that is,
tangelos, which had been imported from South America, and which were required to be tested for contami-
nation by pesticides. At various times in 2006 and 2007, the defendants prepared and submitted  false and
fraudulent environmental test reports to the Upper Moreland/Hatboro Joint Sewer Authority, the Gloucester
County Utilities Authority and Upper Merion Township  Industrial Pre-Treatment Program permit holders
Elan Pharmaceutical Research Corp., Merck and  Company, and Hope's Country Fresh Cookies in connec-
tion with the analyses and testing of water samples for various types of pollutants, which these customers
were required by law to report to EPA.
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Former Oil Well Owner and Operator Pleads Guilty to Negligent Discharge into Creek — On June 21,
2012, KENT PHILLIPS, of Oklahoma City, Oklahoma, plead guilty in federal district court for the West-
ern District of Louisiana, to negligently discharging oil without a permit into Devil's Creek in violation of
the Clean Water Act. Phillips was a corporate officer and owner of Kepco Operating, Inc, an oil  production
company operating and leasing oil field sites near Jena, Louisiana, including the Hailey #2 well site.  Sen-
tencing has been  set for October 10, 2012.
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                                                                                      Vfc
                                                                                EPA Bulletin June 2012  9

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Scrap being loaded into one of the two scrap dryers at
               Spectra Alloys
Minnesota Secondary Aluminum Processing Company Pleads Guilty to False Statement Charges —
On June 7, 2012,  SPECTRO  ALLOYS  CORPORA-
TION,  a Minnesota company that operates a  secondary
aluminum processing facility  in Rosemount, Minnesota,
pleaded guilty in federal district court for the District of
Minnesota, to two  counts  of violating the federal  false
statements statute.  The crimes involved Spectre's failure
to disclose violations of limits placed on its  emissions of
hazardous air pollutants under the Clean Air Act.  An In-
formation charging  Spectro with the two counts was filed
on May 2, 2012.  According to the documents filed in this
case, Spectro processes large quantities of various types of
scrap metal, which  are melted in two large industrial fur-
naces before being  processed into aluminum alloys.  The
furnaces and other  equipment at the  Spectro facility are
typically found in secondary aluminum reprocessing facilities but can be sources of various hazardous air pol-
lutants.  As a result, the emissions from Spectre's equipment, including its furnaces, are regulated under the
federal Clean Air Act, and the company is required to operate subject to a permit that sets out the legal limits
for emissions of pollutants. The  permit also  requires the company to disclose to the EPA and the Minnesota
Pollution Control Agency ("MPCA")  all instances known where emissions exceed those limits. In its plea
agreement, Spectro  admitted that in May of  2007, it  submitted a semi-annual compliance report to both the
MPCA and the EPA that falsely indicated that its facility was in compliance with all pollution limits. The
company failed to disclose that its own testing had revealed excessive emissions of dioxin/furans, which are
hazardous air pollutants. In a letter sent to the EPA in March 2007, which was submitted in response to a vio-
lation notice issued  by the EPA,  Spectro further admitted that the company failed to disclose those excessive
dioxin/furans emissions. Following  its guilty plea, Spectro was sentenced to pay a criminal fine of $500,000,
and was placed on probation for two years.  Spectro also was  ordered to develop, implement, and maintain
procedures to ensure complete and accurate reporting in the future. In addition, Spectro must retain a full-time
environmental health and safety manager and report to both the MPCA and EPA the results of all emissions
testing, whether or not required by law.
   This criminal investigation has been conducted parallel to a civil investigation of alleged violations of the
Clean Air Act.  The United States recently reached a settlement with Spectro regarding civil claims filed by
the EPA for these alleged violations,  and this settlement was included in a consent decree lodged with the
District Court on March 6, 2012.  The consent decree, which is awaiting  court approval, resolves allegations
that in 2009, the company emitted dioxin/furans and hydrochloric acid in amounts exceeding federal emis-
sions limits; that the company failed to install, operate, and inspect an adequate system to capture and treat its
                                           emissions;  and that between 2004 and 2008, it violated various
                                           Clean Air Act regulations regarding monitoring, reporting, and
                                          temperature maintenance.  The consent decree also settles al-
                                          leged violations of federal law governing the storage of hazard-
                                           ous waste at the Spectro facility without a permit required un-
                                           der the Resource Conservation and Recovery Act. Under the
                                          proposed consent decree, Spectro will pay a civil penalty  of
                                           $600,000,  install more pollution control equipment,  conduct
                                           additional testing, and accurately comply with all reporting re-
                                           quirements.
                                          I Back to Top
                                                                                 EPA Bulletin June 2012   10

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Missouri Man Admits to Falsifying Documents for Vehicle Owners — On June 15, 2012, SEDRIX
                                             BLUMINGBURG pled guilty to one count of mail fraud
                                             for falsifying documentation for vehicle owners regarding
                                             titling of vehicles,  auto emissions tests,  and sales taxes,
                                             during his employment at Sure Start Battery & Tire Com-
                                             pany in  St.  Louis.  Another defendant, Michael Terry, is
                                             also expected to sign a  plea agreement in  the coming
                                             weeks.  The legitimate business of Sure Start was general
                                             vehicle repair,  including  safety and  auto emissions test-
                                             ing. Blumingburg  conducted false safety and auto emis-
                                             sions tests and provided false safety documentation to ve-
                                             hicle owners for compensation to bypass the Missouri
                                            ' state laws associated with vehicle safety and EPA regula-
tions. He also created false documents showing vehicle  insurance;  false bill of sale documents on motor
vehicles reducing the actual sales price to lower the amount of state  sales tax due;  and paid personal prop-
erty tax receipts for vehicle owners to register their vehicles, all of which  they personally delivered to the
Missouri Department of Revenue office. Blumingburg received illegal payments from the vehicle owners
for these services.  These documents were processed by fee/contract clerks as true and correct and sent to
the Missouri Department of Revenue, depriving Missouri of fees and taxes. This case was investigated by
the EPA/CID, the Missouri  Department of Revenue, Missouri  Highway Patrol,  Missouri Department of
Natural  Resources, Internal Revenue Service-Criminal Investigation and the St. Louis County Police De-
partment. It was prosecuted by the U.S. Attorney's Office for the Eastern District of Missouri.
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                                                                                EPA Bulletin June 2012  11

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Ohio Valley Coal Company Pleads Guilty to Clean Water Act Crimes - On June 28, 2012, THE OHIO
                              VALLEY COAL COMPANY (TOVCC) pleaded guilty in federal dis-
                              trict court for the Southern District of Ohio to criminal violations of the
                              Clean Water Act in connection with two coal slurry release incidents that
                              polluted Captina Creek, Belmont County, Ohio. The plea agreement docu-
                              ments $7,050,000 in fines and expenditures related to the incidents. Spe-
                              cifically, the plea agreement calls  for TOVCC to pay a  criminal fine of
                              $500,000 and to pay  restitution to the Ohio  Environmental Protection
                              Agency of $87,000 for restoration activities in Captina Creek. In addition,
                              TOVCC certified that it has spent $6,000,000 by the installation of a pipe-
                              line system with double-walled features between American Energy Corpo-
	
      Slurry in Captina Creek
         (2008 Incident)
                                                                    Captina Creek contaminated with
                                                                        slurry (2010 Incident)
ration and TOVCC, designed to improve pipeline integrity. TOVCC will implement and install such equip-
ment and provide employees with requisite training to force a shutdown of the flow of slurry in the pipeline
from AEC to TOVCC in the event of a pipeline failure.
   TOVCC  admitted that  in early 2008 they  negligently  discharged
wastewater from its impoundment at Powhatan Mine No. 6  through a
decant pipe into Perkins Run which flows into Captina Creek in viola-
tion of its state NPDES permit issued  under the CWA by negligently
failing to monitor for flow and pollutants in such discharges as required
by the permit.  As a result  TOVCC discharged  slurry to the  creek and
turned the creek dark downstream.  TOVCC further admitted that in the
fall  of 2010, a pipeline rupture in the  slurry pipeline which conveys
slurry from AEC to the TOVCC slurry impoundment resulted in the di-
rect discharge of untreated slurry waste  water into Captina Creek, negli-
gently bypassing TOVCC's treatment works, in violation of TOVCC's i
state NPDES permit issued under the CWA. As a result, thousands of
gallons of slurry had bypassed the treatment works and had been dis-
charged from the pipeline into Captina  Creek before the flow from the
AEC pipeline was stopped. The discharge discolored Captina creek for|
approximately 1.5 miles downstream and resulted in a fish kill.
   TOVCC has agreed to a global resolution of the matters which are the
subject of the plea agreement by coordinating the resolution of the fed-
eral  criminal  case with the  Ohio EPA (OEPA) and Ohio Department of
Natural Resources (ODNR) civil cases. TOVCC has agreed to: (1) pay
the ODNR a $91,000.00 penalty and  $4,000.00 for all natural resource damages, which includes any fish,
amphibians, wildlife and any pending or unasserted penalties or assessments from ODNR for the 2010
slurry discharge from the pipeline incident (2)  pay  the OEPA, an administrative fine in the amount of
$184,000.00 for violations of Ohio environmental law involving the 2008 slurry discharges, and pay OEPA
an administrative fine in the amount of $184,000.00 for the 2010 slurry discharge.
   Two managers of TOVCC previously pleaded guilty to environmental crimes associated with the 2008
slurry release. On May 26, 2011, David Bartsch, environmental manager at TOVCC, was  sentenced to one
year of probation, 104 hours of community service, and a $2,500 criminal fine based on his conviction for
negligently failing to report discharges from the TOVCC impoundment in January 2008. On June 22, 2011,
Donald Meadows, a manager for TOVCC, was sentenced to one year of probation, 156 hours of community
service, and a $2,500 criminal fine for  his conviction for  negligently violating the CWA by allowing the
discharge of collected slurries from  an impoundment into Captina Creek on or about February 28, 2008.
      to Top                                                                    EPA Pub. 310-N-12-006
                                                                                EPA Bulletin June 2012  12
                                                                    Depth of Slurry in Captina Creek
                                                                           (2010 Incident)

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