Environmental Protectkfi
Agency
Environmental Crimes Case Bulletin
U.S. Environmental Protection Agency
Office of Criminal Enforcement, Forensics and Training
March 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:
Vele BozinoskiRegion 2
Joe Parrish, Gregory A. Scott Region 3
Timothy Terell Smither Region 4
Giuseppe Bottiglieri Shipping Company, Vito La Forgia Region 4
Daniel R. Olson - Region 5
William Morgan Region 5
North American Green, Inc. Region 5
Lome J. Elbert, Jr., Elbert Building Company Region 5
John Tuma Region 6
Ilios Shipping Company Region 6
Belvan Corporation Region 6
Cenac Towing Region 6
Michael Terry, Sedrix Blumingburg Region 7
We Lend More, Inc., Marc Vogel Region 9
William HoldnerRegion 10
EPA Bulletin March 2012 1
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DEFENDANT SUMMARY:
REGION
DEFENDANTS
CASE TYPE/STATUTES
Region 2
Vele Bozinoski
Indictment / CAA-Asbestos
Region 3
Joe Fairish, Gregory A. Scott
Plea Agreement /Bribery-CAA-
Asbestos
Region 4
Timothy Terell Smither
Plea Agreement / FIFRA-Mail &
wire fraud
Region 4
Giuseppe Bottiglieri Shipping
Company and Vito La Forgia
Indictment /APPS-vessel, conspir-
acy, obstruction of justice
Region 5
Daniel R. Olson
Plea Agreement / CWA-Failure to
file & falsifying reports
Region 5
William Morgan
Plea Agreement / CAA-False report-
ing & bribery
Region 5
North American Green, Inc.
Plea Agreement / FIFRA-Dlegal pes-
ticide use
Region 5
Lome J. Elbert Jr. &
Elbert Building Company
Indictment / CAA-Asbestos
EPA Bulletin March 2012 2
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DEFENDANT SUMMARY:
REGION
DEFENDANTS
CASE TYPE/STATUTES
Region 6
John Tuma
Guilty Verdict / CWA-Discharging
without a permit
Region 6
Ilios Shipping Company
Sentencing / APPS-Vessel
Region 6
Belvan Corporation
Sentencing / CAA- Failure to notify
or report
Region 6
Cenac Towing
Plea Agreement / CWA-Failure to
file DMRs
Region 7
Michael Terry & Sedrix Bluming-
burg
Indictment / CAA-Vehicle docu-
ment falsification
Region 9
We Lend More, Inc. & Marc Vo-
gel
Trial Conviction / Unlawful trans-
portation, disposal of hazardous
waste
Region 10
William Holdner
Sentencing / CAFO-Discharge of
hazardous waste
EPA Bulletin March 2012 3
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Quick Links:
p. 4 - 5
p. 6 - 7
p. 8 - 11
p. 12 - 13
Sentendngs (Back to Quick Links)
The M/V Agios Emilianos, operated by Ilios Shipping Company,
that routinely discharged oily bilge waste.
Greek Shipping Company Sentenced in New Orleans to Pay $2 Million Criminal Fine for Intentional
Cover-Up of Oil Pollution and Obstruction of Justice On March 27, 2012, ILIOS SHIPPING COM-
PANYS.A., was sentenced in federal court in
New Orleans for violating the Act to Prevent
Pollution from Ships and obstruction of justice.
Ilios was ordered to pay an overall criminal pen-
alty of $2 million dollars. The National Fish and
Wildlife Foundation will receive $250,000 to
fund projects aimed at the restoration of marine
and aquatic resources in the Eastern District of
Louisiana. Ilios is also required to implement an
I environmental compliance plan, which will en-
sure that any ship operated by Ilios complies
with all maritime environmental requirements
established under applicable international, flag
state, and port state laws. The plan ensures that
Ilios' employees and the crew of any vessel operated by Ilios are properly trained in preventing maritime pol-
lution. An independent monitor will report to the court about Ilios' compliance with its obligations during the
period of probation. Ilios operated the M/V Agios Emilianos, a 738- foot, 36,573 ton bulk carrier cargo ship
that hauled grain from New Orleans to various ports around the world. From April 2009 until April 2011,
oily bilge waste and sludge was routinely discharged from the vessel directly into the sea without the use of
required pollution prevention equipment. During
that time, the crew intentionally covered up the
illegal discharges of oil waste by falsifying the
vessel's oil record book. The master of the vessel,
VALENTINO MISLANG, previously pleaded
guilty to conspiracy to obstruct justice for his role
in destroying evidence and instructing crewmem-
bers to lie to the Coast Guard during an inspection
of the vessel in April 2011. The chief engineer of
the vessel, ROMVLO ESPERAS, previously
pleaded guilty to conspiracy to obstruct justice for
his role in falsifying the vessel's oil record book
and directing the discharge of oily bilge waste and
sludge directly into the sea.
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EPA Bulletin March 2012 4
The M/V Agios Emilianos
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Texas Corporation to Pay $500,000 for Criminal Violations of the Clean Air Act
On March 23, 2012, BELVAN CORPORATIONwas
sentenced to pay a $500,000 criminal fine and serve
five years probation following its guilty plea to a one-
count Clean Air Act felony, specifically failure to no-
tify or report. The judge also ordered the company to
institute an annual environmental training program
including refresher courses in environmental compli-
ance. Belvan admitted that it failed to notify the ap-
propriate authorities, including the EPA and the Texas
Commission on Environmental Quality, of the plant's
release of noxious pollutants into the air. Belvan Corporation owned the Belvan Midway Lane Gas Process-
ing Plant, a natural gas processing facility in Crockett County, Texas. In January 2012, three executives at
Belvan Corporation admitted to violating the Clean Air Act. MICHAEL DA VIS, vice-president of engineer-
ing and operations, DANIEL VALUER MEACHAM, operations manager, and ROBERT MARK STEW-
ART, environmental coordinator, each pleaded guilty to one count of negligent endangerment under the Clean
Air Act. In accordance with the terms of their plea agreements, Davis paid a $50,000 fine; Meacham paid a
$22,000 fine and Stewart paid a $15,000 fine. In addition, they were each sentenced to serve a one-year term
of probation during which they must complete an eight-hour environmental awareness training program.
From October 15, 2005, through December 12, 2008, an environmental control called the Sulfur Recovery
Unit (SRU), which is designed to recover sulfur from gaseous hydrogen sulfide, was shut down at the Belvan
Midway Lane Gas Processing Plant. During that time, acid gas was diverted from the SRU to the flair sys-
tem, combusting the acid gas and releasing dangerous substances, including hydrogen sulfide, sulphur dioxide
and other noxious pollutants into the air. The defendants did not report these dangerous emissions and thus
placed people in imminent danger of death and serious bodily injury. In fact, Belvan only reported the danger-
ous emissions years after they began.
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Oregon Man Sentenced for Twenty-Seven State Criminal Counts of Water Pollution (Conviction previ-
ously reported in the last bulletin) On March 21, 2012, WILLIAM HOLDNER was sentenced to five days
incarceration, a $300,000 criminal fine, and three years probation after being convicted of twenty-seven counts
of illegally discharging cattle waste into Mud Creek and South Scappoose Creek, both tributaries of the Co-
lumbia River. The evidence showed that Holdner also ran a cattle operation without proper permits. The Ore-
gon Department of Agriculture (ODA) provided information to EPA's criminal program regarding Holdner
Farms being an unpermitted Concentrated Animal Feeding Operation (CAFO) routinely discharging animal
waste into South Scappoose Creek. Oregon has a federally delegated water quality program administered by
the Oregon Department of Environmental Quality
(ODEQ); under Oregon law, ODA administers the water
quality program for CAFO's on behalf of the ODEQ. In
2009, ODA tested the water in South Scappoose Creek and
found it to have high levels of fecal coliform. ODA also
witnessed Holdner Farms using a manure gun to discharge
manure directly into South Scappoose Creek. ODA re-
quested assistance from the EPA and the Oregon State Po-
lice to address the pollution and permitting issues associ-
ated with Holdner Farms after being unable to enforce
against Holdner's many years of non-compliance.
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EPA Bulletin March 2012 5
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Trials (Back to Quick Links)
Shreveport Wastewater Owner Found Guilty on Criminal Charges of Discharging Pollutants Into
the Red River On March 22, 2012, a
jury in the Western District of Louisiana
found JOHN TUMA,_53, guilty of three
Clean Water Act felony violations, ob-
structing justice, and conspiracy. Tuma
was the owner of Arkla Disposal Ser-
vices, Inc., ("ARKLA"). The Arkla fa-
cility, located in Shreveport, Louisiana,
was a centralized wastewater treatment
facility that received wastewater from
industrial processes and oilfield explora-
tion and production facilities. Arkla con-
tracted to treat the wastewater through a
multi-step treatment process and then dis-
charge the treated wastewater to the City
of Shreveport publicly owned treatment
works, or to the Red River. In April
2007, EPA and Louisiana Department of
Environmental Quality officials conducted an inspection at Arkla. The inspectors determined that the fa-
cility was incapable of treating the incoming wastes. In December 2007, current facility owners, CCS En-
ergy Services, Inc., self-disclosed to EPA that under the direction of Tuma, employees were discharging
untreated wastewaters directly to the Red River. The other defendant in this case is Tuma's son, CODY
TUMA. Cody Tuma, 28, pled guilty on February 28, 2012 to negligently discharging untreated wastewater
directly into the Red River without a permit, in violation of the Clean Water Act. Cody Tuma was plant
operator in 2005 and night shift supervisor in 2006 at Arkla. Cody Tuma will be sentenced June 20, 2012.
Sentencing for John Tuma is scheduled for July 25, 2012.
Back to Top
Piping that was removed from Arkla's river outfall pipeline. This
was the only place where the otherwise underground pipeline was
exposed. The section of piping was removed by a contractor at John
Tuma's request as part of a cover story created by Tuma claiming
that the facility was incapable to discharge to the river because the
line was capped.
This pipe is the first underwater extension of Arkla's
river outfall. The underwater piping prevented the
detection of the illegal river discharges.
This is the second underwater extension of Arkla's
river outfall The blue piping was added in Sept
2007, shortly before the welded bypass was added at
the facility. The piping was added to hide the illegal
river discharges.
EPA Bulletin March 2012 6
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California Pawn Shop and Owner Convicted of Illegal Hazardous Waste Crimes
On March 1, 2012, WE LEND MORE,
INC., a National City, California, pawn
shop, and its owner, MARC VOGEL, were
convicted in federal district court for the
Southern District of California of several
environmental crimes related to their dump-
ing of lethal hazardous wastes at the
Miramar Landfill in March, 2011. Vogel and
his company were found guilty of unlawful
transportation of hazardous waste, unlawful
disposal of hazardous waste, and transporta-
tion of hazardous waste without a manifest,
based on their role in dumping of potassium
cyanide - a poisonous toxin that is lethal to
humans in very small doses - and concen-
Same of the hazardous waste recovered at the Miramar LandfM, trated nitric add According to testimony
including potassium cyanide and nitric acid. presented at trial, if these two chemicals had
combined during their disposal, the mixture
would have created deadly hydrogen cyanide gas, threatening the life of anyone in the immediate vicinity.
On March 12, 2011, Vogel contacted a trash hauler and asked for a truck to be sent to We Lend More to dis-
pose of some "junk." Vogel did not inform the trash hauling company that "junk" included cyanide and ac-
ids. Later that day, co-defendant Raul Gonzalez-Lopez arrived at We Lend More with a truck, negotiated
with Vogel for a price of $100 to remove the "junk," and tossed the discarded items into the truck - includ-
ing two seven-pound containers of potassium cyanide and one-gallon of nitric acid. Waste manifests were
not prepared for either of these hazardous wastes. The following day, Gonzalez-Lopez disposed of the potas-
sium cyanide and nitric acid, along with other trash, at the Miramar Landfill which does not have a permit to
accept such hazardous waste. Fortunately, landfill workers promptly discovered the hazardous wastes and
took precautionary measures, including hiring a hazardous waste disposal company to properly deal with the
dangerous items. Vogel later admitted to investigators that he knew that the chemicals he was seeking to dis-
pose of could not be removed as ordi-
nary trash. We Lend More had previ-
ously obtained an EPA "generator"
number in connection with the dispo-
sition of some other chemicals, but
never prepared a manifest for this
shipment of hazardous waste. Co-
defendant Gonzelez-Lopez is cur-
rently a fugitive on the same charges
that were brought against Vogel and
We Lend More. Sentencing for Vogel
and We Lend More is set for May 29,
2012.
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The emergency response, including the Hazardous Incident Response Team,
the day they found the hazardous waste at the Miramar Landfill
EPA Bulletin March 2012 7
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Plea Agreements (Back to Quick Links)
Two Former D.C. Department of the Environment Officials Plead Guilty to Criminal Bribery
Charges- On March 13, 2012, JOE PARRISH and GREGORY A. SCOTT, former inspectors at the Dis-
trict of Columbia Department of the Environment, Air Quality (DDOE), pled guilty to federal charges in a
scheme where they demanded and received $20,000 in cash as bribes for not reporting serious environ-
mental infractions and assessing fines and penalties. Parrish and Scott were responsible for ensuring that
contractors removing asbestos did so in a manner that protected the health and safety of asbestos workers,
building occupants, and the public, and that all work was performed in accordance with D.C. regulations
and the federal Clean Air Act. The charges involve dealings by Parrish and Scott with a general contractor
and management company at a D.C. apartment building. The management company had hired the contrac-
tor to perform demolition and renovation work at the site. On August 16, 2011, Parrish and Scott advised
the general contractor that serious issues involving asbestos needed to be addressed. In the days that fol-
lowed, the defendants showed photographs to the general contractor and detailed infractions that they said
could result in significant fines. The inspectors then reached a preliminary agreement that the general con-
tractor would pay them $10,000 each to avoid the asbestos-related fines. On August 23, 2011, a cooperating
witness who worked for the management company that hired the general contractor called Parrish to set up
a meeting with Parrish and Scott. That day, just minutes after an earthquake hit the Mid-Atlantic area, Par-
rish and Scott met with the cooperating witness at the apartment building. The inspectors said they were
prepared to submit a report that could lead to proceedings against the management company to collect
$280,000 to $300,000 in fines. They also warned that the infractions could be punishable by jail sentences.
The inspectors said they were willing to "burn" their report and not inform DDOE attorneys of the infrac-
tions, provided they were paid $20,000. The cooperating witness, who was working with law enforcement,
then paid bribes of $2,500 cash each as down payments to Parrish and Scott. The defendants agreed that
they would not file their written report and other evidence of infractions with the DDOE. On September 2,
2011, Parrish and Scott once again met with the cooperating witness at the apartment building to pick up the
final $15,000 payment for their agreement to overlook the asbestos-related infractions. During the meeting,
the cooperating witness paid Parrish and Scott the $15,000, at which time the two inspectors were arrested.
Sentencing is scheduled for May 21, 2012. The charge carries a maximum penalty of fifteen years in prison
and potential fines of up to $50,000. As part of their plea agreements, both men agreed to resign from
DDOE and to never seek employment with any federal or local government agency in the future.
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Former Indiana Water Treatment Plant Superintendent Pleads Guilty to Criminal Charges of Falsify-
ing Reports On March 20, 2012, DANIEL R. OLSON, the former Superintendent of the J.B. Gifford
Wastewater Treatment Plant in Michigan City, Indiana, pled guilty to knowingly failing to file and falsifying
reports that concealed violations of the Clean Water Act at the Michigan City Plant. Olson knowingly failed
to make a required report of a bypass of a treatment process before discharging raw sewage into Trail Creek,
a tributary of Lake Michigan. The second count charged Olson with selectively reporting only some sample
results regarding discharges to create the false impression of compliance with Michigan City's permit limits
when, in fact, other deliberately unreported sample results showed non-compliance. The third count charged
Olson with creating the false impression of compliance with Michigan City's permit limits regarding E. coli
discharges by inappropriately and selectively taking the samples only at a point in the treatment process
where E. Coli concentrations are at lower levels. All of the charged conduct occurred from July 2007 through
June 2010. As a result of the felony conviction, Olson could be sentenced up to two years in prison and fined
up to $250,000 for each count. According to EPA personnel, there have been a significant number of the
Washington Park beach closures due to high bacteria. Washington Park beach is located adjacent to where
Trail Creek enters Lake Michigan.
Back tO Top EPA Bulletin March 2012 S
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Tug Boat Company Pleads Guilty to Felony Clean Water Act Crime in Louisiana
On March 27, 2012, CENAC TOWING pleaded
guilty to one felony Clean Water Act count; specifi-
cally, failure to file Discharge Monitoring Reports
(DMRs) as required by their permit. In November
2010, Enterprise Marine Services (EMS) purchased
a barge cleaning facility in Houma, Louisiana, from
Cenac Towing. After purchasing the facility, EMS
discovered Cenac had either no sewage treatment
systems or inadequate sewage treatment systems for
the various buildings located throughout the
grounds. The investigation revealed the facility
Aerial view of Cenac Towing
Wastewater holding tank that, at times, would
bypass treatment and discharge directly to the
Intracoastal Waterway Canal.
failed to submit DMRs for multiple outfalls over a two-year period,
in violation of its permit. Further investigation revealed Cenac dis-
charged raw sewage from at least six unpermitted points directly
into the facility's storm water system, which ultimately discharged
into the Intracoastal Waterway Canal, a water of the United States.
Pursuant to a binding plea agreement, Cenac will pay a criminal fine
of $375,000, a community service payment of $150,000 to Louisi-
ana Department of Environmental Quality's Environmental Trust
Fund and serve three years of organizational probation.
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Supervisor of Township in Michigan Pleads Guilty to Criminal Conspiracy to Accept Bribes, to De-
fraud HUD, and to File False Statements to EPA
On March 26, 2012, the supervisor of Royal Oak Township, WILLIAM MORGAN, pleaded guilty to two
counts of conspiracy. Morgan admitted to conspiring to accept a $10,000 bribe, to defraud the U.S. Depart-
ment of Housing and Urban Development (HUD), and to making a false statement, in violation of the federal
Clean Air Act. Morgan admitted to accepting a $10,000 bribe in an unsuccessful attempt to steer a HUD con-
tract for the demolition of a property to the company whose owner gave him the bribe. Morgan also admitted
that he conspired with the owner of that company and others to submit a false report regarding asbestos abate-
ment in an abandoned theater on Eight Mile Road which was to be demolished, so that they could submit a
false change order to obtain approximately
$170,000 in federal funds. The HUD federal
funds were intended to be used by communities
for the improvement of blighted areas via the re-
moval of dilapidated buildings, pursuant to the
Neighborhood Stabilization Program (NSP) .
Morgan, in addition to being Township supervi-
sor, was the Township coordinator for NSP.
Both conspiracy counts have a maximum sen-
tence of five years imprisonment and a $250,000
fine. Morgan's sentencing is scheduled for Au-
gust 2, 2012.
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EPA Bulletin March 2012 9
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Animal trophy prior to treatment with Termidor SC
Former Manager of North Carolina Pesticide Company Pleads Guilty to Pesticide Crimes
On March 14, 2012, TIMOTHY TERELL SMITHER,
pleaded guilty to conspiring to commit mail fraud and
wire fraud and to violating federal pesticide law. Be-
ginning in 1995, Steve Miller (now deceased), the
owner and operator of the Miller Trophy Room, began
to focus the business on treating animal trophy mounts.
In 2001, the company began advertising on the Internet
and claimed to engage in business in forty-eight differ-
ent states. In 2000, Miller decided to use Termidor SC
to treat indoor mounts and began purchasing large quan-
tities of the product. Termidor SC is a pesticide that is
not authorized for indoor use except for applications
into wall voids. In 2002 and again in 2005, Miller and
another co-conspirator purchased thousands of labels
with the company's name and address printed on them.
From the initial purchase through 2009, Smither and co-
conspirators relabeled the containers of Termidor SC
with the company labels. From 2004 to 2009, the con-
spirators shipped the relabeled Termidor SC to inde-
pendent contract employees in other states for applica-
tion and treatment of indoor trophy mounts. Because of
the conspiracy, customers who were unaware that the
product sent to them contained Termidor SC, treated
large trophy mounts indoors by mixing the pesticide
with water, and saturating the mounts as they sat on
tarps. The mounts would then be left to air dry. During
the application process, some customers were directly
exposed to Termidor. Several customers reported hold-
ing the mounts while they were being sprayed and that
the chemical made contact with their arms and hands.
Another customer reported that his wife ran a day care
center out of their home and that the children played on
and petted the mounts from time to time after the treat-
ments. Customers were told that the chemical being ap-
plied was completely safe, would not hurt them, and
was a Miller Trophy Room "secret" chemical. To con-
ceal the use of Termidor SC, the conspirators created
false Material Safety Data Sheets that Stated in Section Termidor SC bottles re-labeled by Miller Trophy Room
II - Hazardous Ingredients/Identity Information, "Ingredients are considered a 'TRADE SECRET'".
Smither faces up to five years imprisonment followed by up to three years of supervised release and a fine of
up to $250,000.
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Same animal trophy after Termidor SC was applied
EPA Bulletin March 2012 10
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Indiana Business Faces Nearly $1 Million in Criminal Fines After Admitting Misuse of Pesticides - On
March 21, 2012, NORTH AMERICAN GREEN, INC., a business with operations in Evansville and Posey-
ville, Indiana, agreed to plead guilty to 150 counts of using a registered pesticide in violation of federal law.
As part of its guilty plea, the company has been ordered to take remedial action and faces criminal fines of
$910,000.
North American Green, Inc. (NAG) is an agricultural materials company with a business office lo-
cated in Evansville and a manufacturing plant located in Poseyville. In the course of selling erosion control
mats, multiple states and countries require the products to be fumigated to rid them of pests. To accomplish
this, NAG fumigates using a product called "Meth-O-Gas," which is a registered pesticide that has been
found to cause serious acute illness, lung or nervous system damage, or even death for those exposed to it in
dangerous quantities. The chemical is heavily regulated by both the U.S. EPA and the Indiana Department of
Natural Resources (IDNR). IDNR certifies the fumigation process through local licensed applicators.
Between May 2006 and April 2007, NAG has admitted to violating federal pesticide law by know-
ingly misusing Meth-O-Gas. This admission was preceded by federal authorities receiving information from
a "whistle blower" who was a licensed applicator employed by NAG at the time of the offenses. The whistle-
blower told federal authorities that NAG had been signing his name on IDNR certificates related to the fumi-
gations without his knowledge or consent. Subsequent investigation revealed a number of other instances in
which Meth-O-Gas had been used in a manner inconsistent with its labeling, including plant personnel advis-
ing they never wore a full face mask or were supplied air during fumigations; and never testing the air for excess
chemicals before or after fumigation, as required by the chemical's labeling. Personnel also advised that NAG
did not even possess a device that would have allowed them to perform the requisite testing. Some personnel per-
formed the fumigations alone instead of with another person, as required by the chemical's labeling. Personnel
performed fumigations in structures without heat and without the ability to measure the temperature in the
structure, which is also required by the chemical's labeling.
NAG faces a number of remedial requirements as a result of its guilty plea. In addition to the criminal
fine of $910,000, the company has agreed to: (1) institute an employee training program; (2) develop a cor-
porate environmental compliance policy; (3) submit to an independent audit of their ongoing compliance
with federal regulations; and (4) issuance of a public apology in local newspapers. The company has also
agreed to be placed on probation for a period of three years.
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EPA Bulletin March 2012 11
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Indictments/Informations (Back to Quick Links)
Two Missouri Men Indicted for Falsifying Documents for Vehicle Owners -
On March 2, 2012, MICHAEL TERRY
and SEDRIXBLUMINGBURG were in-
dicted in federal district court for the East-
ern District of Missouri for allegedly falsi-
fying documentation for vehicle owners
regarding titling of vehicles, and auto
emissions tests and sales tax during their
employment at Sure Start Battery & Tire
Company (Sure Start) in St. Louis. Ac-
cording to the indictment, the legitimate
business of Sure Start was general vehicle
repair, including safety and auto emissions testing. The indictment alleges that Terry and Blumingburg
conducted false safety and auto emissions tests and provided false safety documentation to vehicle owners
in exchange for monetary compensation, and they bypassed the Missouri state laws associated with vehicle
safety and EPA regulations. Additionally, the indictment states that Terry and Blumingburg 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 property tax receipts for vehicle
owners to register their vehicles, all of which they per-
sonally delivered to the Missouri Department of Reve-
nue office in St. Louis. Terry and Blumingburg re-
ceived 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 Mis-
souri Department of Revenue, depriving Missouri of
fees and taxes.
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New Jersey Man Charged With Asbestos Removal Crimes - On March 2, 2012, VELE BOZINOSKI, of
Elmwood Park, New Jersey, was charged with violating the federal Clean Air Act's asbestos work practice
standards while removing insulation from piping at the former Garden State Paper Mill in Garfield, N. J., and
with conspiring with others to commit that offense. According to the indictment, Bozinoski hired workers in
February 2007 to remove insulation at the former paper mill, which contained more than 160 linear feet of
asbestos-containing material. Bozinoski is charged with failing to follow Clean Air Act regulations which
required him to thoroughly inspect the facility for the presence of asbestos before removing insulation, and
to notify EPA of his intention to do so. He also allegedly failed to wet asbestos containing material before
stripping it off pipes and other facility components, and to seal the asbestos-containing debris in leak-tight
containers until it was collected for disposal, as required by law. The indictment charges Bozinoski with six
counts of knowingly violating the Clean Air Act's asbestos work practice standards, and one count of con-
spiracy to commit that offense. Each charge carries a maximum potential penalty of five years in prison and
a $250,000 fine.
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EPA Bulletin March 2012 12
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Italian Shipping Company and Chief Engineer Charged with Environmental Crimes and Obstruc-
tion of Justice - On March 5, 2012, Italian-based shipping company GIUSEPPE BOTTIGLIERISHIP-
PING COMPANY, S.P.A., owner and operator of the motor vessel Bottiglieri Challenger, and VITO LA
FORGIA, the vessel's chief engineer, were charged with the illegal dumping of waste oil and oil-
contaminated waste water in violation of the Act to Prevent Pollution from Ships, conspiracy, and two
counts of obstruction of justice. According to the indictment, on or about January 25, 2012, the Bottiglieri
Challenger arrived in Mobile, Alabama, and was boarded by Coast Guard officials who conducted an in-
spection to determine the vessel's compliance with U.S. and international law. The Coast Guard's inspec-
tion uncovered evidence that Giuseppe Bottiglieri Shipping Company, acting through its agents and em-
ployees and chief engineer La Forgia, conspired to and failed to maintain an accurate oil record book that
reflected all disposals of oil residue and discharges overboard, in violation of federal law. Giuseppe Bot-
tiglieri Shipping Company and La Forgia are also charged with obstructing the Coast Guard's inspection by
allegedly ordering that an illegal bypass pipe, also referred to as a "magic pipe," that was used to transfer
oil-contaminated waste overboard, be removed prior the vessel's arrival in Mobile. The indictment also
alleges that the shipping company and La Forgia obstructed the inspection by having one of the waste tanks
rinsed out with sea water before reaching the port in Mobile. If convicted, Giuseppe Bottiglieri Shipping
Company faces a fine and other possible penalties. La Forgia faces a maximum penalty of twenty years in
prison for the obstruction of justice charge.
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Ohio Demolition Company and Its President Indicted for Asbestos Crimes - On March 2, 2012, LORNE
J. ELBERT, JR, and ELBERTBUILDING COMPANY, INC., a construction and demolition company in
Elyria, Ohio, were indicted in federal district court for the Northern District of Ohio for the illegal removal of
asbestos from the former Builders Square building in Lorain, Ohio. Elbert, president of the company, pur-
chased the Builders Square building in 2007 with the intent of demolishing it and redeveloping the property.
The boiler room of the building contained approximately eight hundred square feet of asbestos. It is alleged
that on July 19, 2007, Elbert notified the Ohio Environmental Protection Agency that a licensed asbestos con-
tractor would be removing the asbestos from the building prior to demolition. However, shortly after the no-
tice was sent, Elbert hired an unlicensed individual to remove the asbestos from the boiler room of the build-
ing. On or about August 7, 2007, this individual removed the asbestos from the boiler room of the building.
This person was not licensed to remove asbestos and his work was not supervised by a properly trained man-
ager, according to the indictment. The indictment charges in the first count that Elbert and Elbert Building
Company falsely stated to Ohio EPA that a licensed asbestos removal contractor would be removing the as-
bestos from the boiler room of the building, when in fact Elbert hired an unlicensed individual to remove the
asbestos from the boiler room of the building. In the second count of the indictment Elbert is charged with
failing to have a properly trained manager on-site when the asbestos was removed from the boiler room of the
building.
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EPA Pub. 310-N-12-002
EPA Bulletin March 2012 13
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