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Environmental Crimes Case Bulletin
U.S. Environmental Protection Agency
Office of Criminal Enforcement, Forensics and Training
December 2012
This bulletin summarizes publicized investigative activity and adjudicated cases con-
ducted by OCEFT Criminal Investigation Division special agents, forensic specialists,
and legal support staff.
Defendants in this edition:
Chesapeake Appalachia, LLC Region 3
Norbert Guada Region 4
John Tuma Region 6
John David Gunselman Region 6
Joseph Losinski Region 8
Executive Recycling, Inc., Brandon Richter, Tor Olson Region 8
Asgard Associates, LLC, Michael Conrad Region 9
William Duran Vizzerra, Jr. Region 10
Copper River Campus, LLC Region 10
EPA Bulletin December 2012 1
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DEFENDANT SUMMARY:
REGION
DEFENDANTS
CASE TYPE/STATUTES
Region 3
Chesapeake Appalachia, LLC (p.4)
CWA/Unauthorized discharge
into U.S. waters
Region 4
Norbert Guada (p. 7)
CAA/Illegal importation of HCFC
-22
Region 6
John Tuma (p. 5)
CWA/Discharging untreated
wastewater into city sewer system
and obstructing EPA inspection
Region 6
Jeffrey David Gunselman (p. 11)
CAA/Wire fraud, money launder-
ing, making false statements
Region 8
Executive Recycling, Inc., Brandon
Richter. Tor Olson (p.9)
Illegal disposal of electronic
waste, smuggling, and obstruction
of justice
EPA Bulletin December 2012 2
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DEFENDANT SUMMARY:
REGION
DEFENDANTS
CASE TYPE/STATUTES
Region 8
Joseph Losinski (p. 7)
Illegal use of pesticide (dog poison-
ing) and witness intimidation
Region 9
Asgard Associates, LLC, Michael
Conrad (p.6)
RCRA/Illegal storage of hazardous
waste
Region 10
William Duran Vizzerra, Jr. (p.8)
RCRA/Illegal disposal of hazardous
waste
Region 10
Copper River Campus, LLC
(p.12)
CAA/Negligently endangering oth-
ers by releasing hazardous asbestos
into the ambient air
EPA Bulletin December 2012 3
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Quick Links:
Trials
p. 4-8
p. 9-10
p. 11 - 12
Sentendngs (Back to Quick Links)
Chesapeake Appalachia Sentenced for Clean Water Act Violations - On December 3, 2012, CHESA-
PEAKE APPALACHIA, LLC, a wholly-owned subsidiary of Chesapeake Energy Corporation, was sen-
tenced in federal district court for the Northern District of West Virginia for three violations of the Clean
Water Act related to natural gas drilling activity in northern West Virginia. The company was ordered to
pay a fine of $600,000 and was placed on supervised release for a period of two years as a result of its
three criminal convictions.
Chesapeake pleaded guilty in October to three counts of "Unauthorized Discharge into a Water of
the United States," admitting that it discharged 60 tons of crushed stone and gravel into Blake Fork, a wa-
ter of the United States, on at least three different occasions in December of 2008. Chesapeake also admit-
ted that after discharging the stone and gravel it then spread the material in the stream to create a roadway
for the purpose of improving access to a site associated with Marcellus Shale drilling activity in Wetzel
County, West Virginia. It was agreed that separate violations committed by Chesapeake and occurring in
connection with impoundments constructed in Marshall and Wetzel Counties would be addressed by civil
penalties and not via criminal charges. Efforts to resolve the civil claims against Chesapeake are ongoing.
In response to citizen complaints and other information, EPA conducted a series of inspections at
sites operated by Chesapeake Appalachia, LLC in northern West Virginia. As a result of those inspections,
EPA issued 11 administrative compliance orders. At this time, Chesapeake has complied with and/or
sought and received extensions for all requirements of the orders.
The case was investigated by EPA's Criminal Investigation Division. It was prosecuted by Assis-
tant U.S. Attorney David Perri.
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Blake Fork before Chesapeake Appalachia filled in the
stream to create a roadway
Blake Fork after having stone and gravel spread in the
stream to create a roadway
EPA Bulletin December 2012 4
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Louisiana Wastewater General Manager and Former Owner Sentenced to Five Years in Prison for
Discharging Pollutants into the Red River - On December 5, 2012, JOHN TUMA, of Centerville,
Texas, was sentenced to a 60-month prison sentence, three years of supervised release, and was given a
$100,000 fine, following his March 21, 2012, trial conviction by a federal jury for discharging untreated
wastewater directly into the Red River with-
out a permit, discharging untreated wastewa-
ter into the city of Shreveport sewer system in
violation of its permit and obstructing an EPA
inspection.
Tuma, who was both general manager
and the former owner of Arkla Disposal Ser-
vices Inc., was charged in a five-count indict-
ment with violations of the Clean Water Act,
conspiracy and obstruction of justice related
to illegal discharges coming from the Arkla
Disposal Services, Inc., a facility in Shreve-
port. The Arkla facility was a centralized
wastewater treatment facility that received
acil
was incapable to
line was capped.
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 wastewater from industrial processes and oil-
field exploration and production facilities.
Arkla contracted to treat the wastewater
through a multi-step treatment process and
then discharge the treated wastewater to either the city of Shreveport publicly owned treatment works or
the Red River.
The case was investigated by EPA's Criminal Investigation Division and is being prosecuted by
Assistant U.S. Attorney C. Mignonne Griffing and Trial Attorney Leslie E. Lehnert of the Environmental
Crimes Section of the Department of Justice.
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This pipe is the first underwater extension ofArkla's
river outfall The underwater piping prevented the
detection of the illegal river discharges.
This is the second underwater extension ofArkla's
river outfall The blue piping was added in
September 2007, shortly before the welded bypass
was added at th e facility. Th e piping was added to
hide the illegal river discharges.
EPA Bulletin December 2012 5
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Asgard Associates Sentenced for Hazardous Waste Crimes in California On December 3, 2012,
ASGARD ASSOCIATES, LLC, a Delaware corporation, was sentenced in federal district court for the
Southern District of California to a term of three years probation and was ordered to pay $175,411.68 in
restitution to the EPA and the San Diego
j County Department of Environmental Health
Services for the direct costs incurred through
remediating a site at which Asgard illegally
stored hazardous waste. Additionally, MI-
CHAEL CONRAD, the principle employee
of defendant Asgard Associates, LLC, was
ordered to perform 240 hours of community
service as a condition of the three year term
of probation. Asgard pleaded guilty in July
2012 to unlawfully storing hazardous waste.
Asgard admitted responsibility for maintain-
ing chemicals and biological agents in a labo-
Abandoned chemicals found at Asgard laboratory ratory in §an DiegQ ^ pose(j a threat of im_
minent and identifiable harm to the public health and safety. The company knew that between January 26,
2010 and March 18, 2010, numerous containers of chemicals were stored at its laboratory in lieu of dis-
posal, and that some of the chemicals (stored without a permit) had the potential to pose a substantial risk
to human health and the environment. Nevertheless, Asgard refused to provide funds for the disposal of
these hazardous chemicals. Because of this failure, the San Diego County Department of Environmental
Health Services spent $8,693 conducting inspections and sampling the chemicals on May 6, 2010, and
June 10, 2010. On August 13, 2010, the U.S. EPA conducted a clean-up (under the authority of Super-
fund), that included over 2,500 containers of hazardous chemicals. These chemicals had to be "detonated"
by the EPA and the San Diego Fire Department Bomb Squad as they were too unstable for safe transport.
The direct costs of the clean-up to EPA were $167,718.68.
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Chemicals and samples discovered in refrigerator
Abandonedpetri dishes containing bacteria
EPA Bulletin December 2012 6
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Colorado Man Receives Jail Term for Poisoning Dogs, Intimidating Witness - On December 12,
2012, JOSEPH LOSINSKI was sentenced in Weld County District Court in Greeley, Colorado, to nine
and a half years in prison for poisoning his neighbor's two dogs and intimidating a witness. According
to police and court records, Losinski laced meat with
strychnine and fed the meat to the dogs, one a German
Shepherd the other a lab. Both died. Later, Losinski sent
an intimidating letter to a neighbor who was a witness in
the case.
Losinski pleaded guilty on October 11, 2012 to
aggravated cruelty to animals and for intimidating a vic-
tim or witness. On the former charge, he was sentenced
to 18 months in prison, the maximum sentence available,
and to eight years in prison on the latter charge. In hand-
ing down the sentence, the judge noted the overwhelming
evidence in the case and the continuing danger to the
community that Losinski poses.
The case was investigated by EPA's Criminal In-
vestigation Division due to strychnine being a controlled
poison that requires special permits to possess. It was
prosecuted by Deputy District Attorney Jennifer Hill.
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Dozer Boy, left, a chocolate lab, and Kyera, a Ger-
man Shepherd, died after eating meat laced with
strychnine, a powerful poison which requires a spe-
cial permit to possess.
Miami Man Sentenced in Illegal Refrigerant Smuggling Operation - On December 11, 2012, NOR-
BERT GUADA, of Hialeah, Florida, was sentenced in federal district court for the Southern District of
Florida on charges of knowingly importing approximately 15,640 kilograms of illegal hydrochlorofluoro-
carbon-22 (HCFC-22), in violation of the provisions of the Clean Air Act (CAA). HCFC-22 is a widely
used refrigerant for residential heat pump and air-conditioning systems. Guada pled guilty to a single count
of the multiple-count indictment which had been brought against he and co-defendant Jorge G. Murillo.
Guada was sentenced to serve 6 months in prison, and 6 months under electronically monitored home-
confinement, followed by 18 months of supervised release, and he was given a criminal fine of $3,000.
According to court records and a factual statement filed during the plea hearing, Guada was hired as
a salesman in February 2007 by a company known as Lateral Investments, LLC. Lateral was a Florida cor-
poration, engaged in, among other things, importing merchandise, including refrigerant gas. Between June
and August 2007, Lateral illegally smuggled large quantities of HCFC-22 into the United States to sell on
the black market. At no time did Lateral or its principals hold unexpended consumption allowances that
would have allowed them to legally import the HCFC-22. To legally import HCFC-22, one must hold an
unexpended consumption allowance. During 2007, Lateral illegally imported approximately 278,256 kilo-
grams or 20,460 cylinders of restricted HCFC-22, with a market value of $1,438,270, which Guada was
tasked with selling to businesses in the South Florida area. As part of his agreement in this matter, Guada
specifically admitted to his knowing involvement in the importation and sale, contrary to law, of 15,640
r~~ ~ r\ T 1 kilograms of HCFC-22 on August 10, 2007.
£y^ The case was investigated by EPA's Criminal Investigation Division,
n ICE's Homeland Security Investigations, and the Florida Fish & Wildlife
REFRir.EBANT I*7"" Conservation Commission, South Region Bureau, Environmental Investiga-
tion Unit. The case was prosecuted by Special Assistant U.S. Attorney Jodi
A. Mazer and Assistant U.S. Attorney Thomas Watts-FitzGerald.
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EPA Bulletin December 2012 7
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Owner of Pavement Painting Business Sentenced in Alaska for Illegally Disposing Hazardous
Waste - On December 19, 2012, WILLIAM DURAN VIZZERRA, JR., was sentenced in federal dis-
trict court for the District of Alaska to 15 months in prison and was ordered to pay $180,000 in restitution
to two victims for illegally disposing of over 200,000 pounds of highly flammable hazardous waste in
Anchorage, Alaska.
Vizzerra was president, director, and part
owner of Precision Pavement Markings, Inc., a
road and parking lot painting and striping busi-
ness that operated out of a storage lot in Anchor-
age from 2006 through 2009. He used the stor-
age lot to store hazardous waste, including
methyl methacrylate paint and toluene that was
used to flush the paint lines, nozzles, and spray-
ers used in his business. Vizzerra ordered em-
ployees to dispose of the waste at a local landfill
but the employees were turned away because the
waste was hazardous. Vizzerra was also told by
Flat bed with drums abandoned by Vizzerra. Photograph was
taken by EPA Special Agents during the execution of a search
warrant at the property in December 2010.
an environmental services company that it
would cost tens of thousands of dollars to prop-
erly dispose of the hazardous waste.
On approximately November 1, 2009, Vizzerra illegally abandoned approximately 321 55-gallon
drums, 179 five-gallon pails and two 200-gallon totes of hazardous waste to avoid the costs of proper dis-
posal. Vizzerra abandoned a total of 204,750 pounds of hazardous waste, all of which was determined to
be flammable. The landowners where Vizzerra abandoned the hazardous waste incurred almost $400,000
in clean-up costs.
In November 2010, a citizen reported the
abandoned drums to EPA. An investigation led by
EPA Criminal Investigation Division agents re-
vealed several hundred 55-gallon drums and smaller
containers at the storage lot, some of which were
stacked two-high on a trailer and some of which
were stored directly on the ground. Many of the
drums were marked "waste" or held hazardous
markings, such as "flammable" or "flammable liq-
uid." Many were rusted and in decrepit condition or
bulging. The investigation revealed that some of the
drums were from a prior pavement business of Vizz-
erra's that had dissolved several years earlier.
Under RCRA, hazardous waste, due to its
Photograph taken in April 2011 by EPA Special Agents
during a helicopter surveillance overflight of the site prior
to final removal by Superfund.
dangerous qualities, may only be disposed of at a licensed treatment, storage or disposal facility. The
storage lot Vizzerra used was neither equipped nor permitted for the disposal of hazardous waste. Yet,
knowing this, Vizzerra illegally abandoned and disposed of the waste at the lot, which cost the land
owner and lease holder $380,000 in clean-up, disposal, and legal fees.
The investigation was conducted by EPA's Criminal Investigation Division. The case was prose-
cuted by the Environmental Crimes Section of DOJ's U.S. Attorney's Office for the District of Alaska
and the Regional Criminal Enforcement Counsel for EPA's Region 10 in Seattle.
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EPA Bulletin December 2012 8
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Trials (Back to Quick Links)
Environmental Waste Recycling Company and Executives Found Guilty of Fraud and International
Environmental Crimes - On December 21, 2012, EXECUTIVE RECYCLING, INC., BRANDON
RICHTER, of Highlands Ranch, Colorado, who was the owner and chief executive officer, and TOR OL-
SON, of Parker, Colorado, former vice president of operations, were convicted in federal court of multiple
counts of mail and wire fraud, environmental crimes related to the illegal disposal of electronic waste,
smuggling, and obstruction. Sentencing is scheduled for April 2012.
According to the indictment, as well as the facts presented at trial, Executive Recycling was an
electronic waste recycling business located in Englewood, Colorado, with affiliated locations in Utah and
Nebraska. The company collected electronic waste from private households, businesses, and government
entities. Executive Recycling was registered with the Colorado Department of Public Health and Environ-
ment as a "Large Quantity Handler of Universal Waste." Richter, as owner and CEO, was responsible for
supervising all aspects of the company. Olson, the vice president of operations, was responsible for run-
ning day-to-day operations.
A significant portion of elec-
tronic waste collected by the defen-
dants were Cathode Ray Tubes
(CRTs). CRTs are the glass video dis-
play component of an electronic de-
vice, usually a computer or television
monitor, and are known to contain
lead. The defendants engaged in the|
practice of exporting electronic waste,
including CRTs, from the United
States to foreign countries, including
the People's Republic of China. The
defendants regularly negotiated the
sale of electronic waste to brokers
who represented foreign buyers or
who sold the electronic waste over-
seas. The foreign buyers often paid the
defendants directly. To transport the
electronic waste, the defendants used shipping cargo containers which were loaded at the company's facil-
ity. The containers were then transported by rail to domestic ports for export overseas.
Executive Recycling appeared as the exporter of record in over 300 exports from the United States
between 2005 and 2008. Approximately 160 of these exported cargo containers contained a total of more
than 100,000 CRTs.
Between February 2005 and continuing through January 2009, the defendants knowingly devised
and intended to devise a scheme to defraud various business and government entities who wanted to dis-
pose of their electronic waste, and to obtain these business and government entities' money by means of
materially false and fraudulent pretenses. The defendants represented themselves on a website to have
"extensive knowledge of current EPA requirements." The defendants falsely advertised to customers that
they would dispose of electronic waste in compliance with all local, state and federal laws and regulations.
It was part of the scheme that the defendants falsely represented that they would dispose of all electronic
waste, whether hazardous or not, in an environmentally friendly manner. Specifically, the defendants
falsely represented that the defendant company recycled electronic waste "properly, right here in the U.S."
EPA Bulletin December 2012 9
Port in Hong Kong where Executive Recycling exported electronic waste.
Hong Kong Customs and Excise Department states that approximately
21 million containers are processed through this Port annually.
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They also stated that they would not send the electronic waste overseas.
The defendants' misrepresentation induced customers to enter into contracts or agreements with the
defendants for electronic waste disposal. Each victim paid the defendants to recycle their electronic waste
in accordance with the representations made by the defendants. Contrary to their representations, the de-
fendants sold the electronic waste they received from customers to brokers for export overseas to the Peo-
ple's Republic of China and other countries.
Executive Recycling as a corpora-
tion faces a $500,000 fine per count for
seven wire fraud counts, or twice the
gross gain or loss. The corporation faces
a conviction for one count of failure to
file notification of intent to export haz-
ardous waste, which carries a penalty of a
$50,000 fine per day of violation, or
twice the gross gain or loss. The corpora-
tion also faces a one count of exportation
contrary to law, which carries a penalty
$500,000 fine or twice the gross gain or
I loss.
Richter and Olson each face seven
counts of wire fraud, each count of which
carries a penalty of not more than 20
EXECUTIVE RECYCLING
Search warrant being served at Executive Recycling
years imprisonment and up to a $250,000 fine. They face one count exportation contrary to law, which car-
ries a penalty of not more than 10 years imprisonment, and up to a $250,000 fine or twice the gross gain or
loss, or both. Lastly, Richter faces one count of destruction, alteration, or falsification of records in federal
investigations and bankruptcy, which carries a penalty of not more than 20 years imprisonment and a fine
of up to $250,000. There is also an asset forfeiture allegation, which states that upon conviction the defen-
dants shall forfeit to the United States any and
all property or proceeds derived from their ille-
gal activity.
This case was investigated by EPA's
Criminal Investigation Division, the U.S. Immi-
gration and Customs Enforcement's Homeland
Security Investigations, and the Colorado Attor-
ney General's Office, Special Prosecutions
Unit. Assistant U.S. Attorneys Suneeta Hazra|
and Valeria Spence and Special Assistant U.S.
Attorney Lillian Alves are prosecuting.
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Another view of the Port of Hong Kong
EPA Bulletin December 2012 10
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Plea Agreements tBact to Quick Lmtst
Absolute
Bio-diesel Fuel Company Owner Pleads Guilty to Wire Fraud, Money Laundering and Making False
Statements in Violation of the Clean Air Act - On December 14, 2012, JEFFREY DAVID GUNSEL-
MAN pleaded guilty in federal district court for the Northern District of Texas to an indictment charging
51 counts of wire fraud, 24 counts of money laundering and 4 counts of making false statements in viola-
tion of the Clean Air Act. Each of the wire fraud counts carries a maximum penalty of 20 years in federal
prison; each of the money laundering counts carries a maximum penalty of 10 years in federal prison; and
each of the false statement counts carries a maximum penalty of two years in prison. In addition, each of
the 79 counts carries a maximum fine of $250,000.
Gunselman was the owner of Ab-
solute Fuels, LLC, dba Absolute Fuels,
LLC (Absolute Fuels), which he formed
in April 2009. He was also named as
Governing Person and/or as Registered
Agent for other business entities associ-
ated with Absolute Fuels, LLC, including
Absolute Fuels, LLC; Absolute Milling,
LLC; Ellipse Energy, LLC; 21 Invest-
ments, LLC; and YGOG Holdings, LLC.
However, Gunselman admited that these
entities are solely alter egos of himself, as
an individual, as he alone owns, manages, directs and controls each of them and each has no separate and
distinct existence from him.
Gunselman admitted that from September 2010 to October 2011 he devised a scheme to defraud
EPA by falsely representing that he was in the business of producing bio-diesel fuel, yet he did not have a
bio-diesel fuel-producing facility. Instead, his business operation consisted of falsely generating renewable
fuel credits and selling them to oil companies and brokers. He instructed purchasers to wire payments to a
bank account he solely controlled, and as a result, approximately $41,762,236 was deposited into that ac-
count. During this period, he conducted 51 fraudulent transactions, which were transmitted by wire com-
munications, that represented to EPA that bio-diesel fuel had been produced at the Absolute Fuels facility
in Anton, Texas, when in fact, no bio-diesel fuel had been produced.
Regarding the money laundering convictions, during the same time period, Gunselman engaged in
monetary transactions in criminally derived property by purchasing real and personal property valued at
approximately $12 million with the funds derived from the wire fraud. Included in that property are: sev-
eral vehicles, including a Bentley, Mercedes-Benz, Lexus, Cadillac and Shelby Cobra; a Patton Military
Tank; a Gulfstream airplane, professional basketball season tickets and corporate sponsorship; and agricul-
tural, business and residential real estate.
The false statements convictions stem from Gunselman making material false statements to the
EPA, falsely claiming and representing that bio-diesel fuel, a renewable fuel, had been produced, generat-
ing renewable fuel credits, when Gunselman well knew that no bio-diesel fuel had been produced. Gunsel-
man further agreed to forfeit all property obtained and derived as a result of his criminal activities.
The case was investigated by EPA's Criminal Investigation Division and the U.S. Secret Service.
Assistant U.S. Attorneys Paulina Jacobo and Justin Cunningham, of the U.S. Attorney's Office in Lub-
bock, are in charge of the prosecution. Assistant U.S. Attorney John J. de la Garza is handling the forfei-
ture.
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EPA Bulletin December 2012 11
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Alaska Company Convicted of Clean Air Act Asbestos Crime - On December 17, 2012, COPPER
RIVER CAMPUS, LLC, an Alaska company, pled guilty in federal district court for the District of
Alaska and was convicted of violating the federal Clean Air Act for negligently endangering others when it
released hazardous asbestos into the ambient air at its property in Anchorage. The company was sentenced
to pay a $70,000 fine and to serve three years on probation. As part of the sentence, the company was also
ordered to contract with an environmental consultant to insure that no further violations of environmental
laws and safety standards occur in the future.
Copper River Campus owns and manages the prop-1
erty and buildings occupied and used by Copper River Sea-
foods, Inc, in Anchorage. Copper River Campus purchased
the property and buildings in 2009 knowing that the build-
ings had asbestos containing materials within the walls, ceil-
ings and floors, and that special handling and disposal of
these materials would be required if the buildings were going
to be renovated or demolished.
After Copper River Campus purchased the properties,
and with knowledge of the existence of asbestos containing
materials in the two buildings, it instructed an employee of
Copper River Seafoods to demolish the older building on the
property, and other employees to begin renovation work on
the newer building, including removing the first level floor-
ing. The employee was given the instructions to proceed
with the demolition by managers that did not know about the
asbestos problem in the building. The employee who pro-
ceeded with the demolition likewise did not know about the I
existence of asbestos in the building.
On March 16, 2010, upon direction of Copper River Campus, a Copper River Seafoods' employee
used a backhoe to begin demolishing the older building without taking any steps to wet down or otherwise
safely remove the asbestos containing materials in the building. The backhoe operator did not have any
special environmental training, and was not wearing any personal protective equipment. That same day,
EPA received a call alerting it to the activities and sent an air inspector to the property. The demolition
work was halted, and the pile of debris from the partially torn-down building was watered down. Prior to
the starting, Copper River Campus never notified EPA about the demolition and renovation work being
conducted, or about the existence of regulated asbestos containing materials in the two buildings on the
property.
The next day, EPA inspectors returned to the property and observed employees using electric grind-
ers to grind off the flooring in the newer building, including grinding of the asbestos floor mastic. These
employees did not have any specialized training and were not wearing personal protective equipment. The
floor grinding and renovation work on this building were halted thereafter.
The building demolition and floor grinding conducted by Copper River Campus negligently re-
leased a hazardous air pollutant into the ambient air both inside and outside of the two buildings, specifi-
cally friable chrysotile asbestos. As a result, Copper River Campus negligently placed employees of Cop-
per River Seafoods and others in imminent danger of serious bodily injury. While no specific individual
has been identified who has suffered any harm from the release, the release of friable asbestos into the am-
bient air created the risk that people could have suffered serious illness due to asbestos inhalation.
The investigation was conducted by the EPA's Criminal Investigation Division. The case was
prosecuted by the U.S. Attorney's Office for the District of Alaska. EPAPub 310-N-12-012
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EPA Bulletin December 2012 12
Before Demolition & Remodel
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