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       Environmental  Crimes Case Bulletin
                  U.S. Environmental Protection Agency
           Office of Criminal Enforcement, Forensics and Training


                           December 2013


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:

• Conopco, Inc. (dba Unilever Home & Personal Care USA) — Region I

• Patrick Brightwell — Region 3

• Jason Hudnall, John Wesley Tucker— Region 3

• Tap Root Dairy, LLC — Region 4

• William R. "Rusty" Miller — Region 4

• Michael Moshe  Shimshoni — Region 4

• Marietta Industrial Enterprises, Inc. — Region 5

• John J. Mayer— Region 5

• Lamont P. Pryor — Region 5

• Roger J. Dies — Region 6

• Kurt Mix — Region 6

• Z-Group, LLC — Region 7

• Eric Russell — Region 9
                                                           EPA Bulletin December 2013  1

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                            DEFENDANT SUMMARY:
           REGION
          DEFENDANTS
     CASE TYPE/STATUTES
Region 1
Conopco, Inc. (dba Unilever Home
& Personal Care USA)
CWA/Illegally discharging indus-
trial wastewater and failing to re-
port the discharge in a timely
manner
Region 3
Patrick Brightwell
CW A/Conspiracy, making false
claims, obstructing the investiga-
tion, making false statements
Region
Jason Hudnall, John Wesley Tucker
CAA/Conspiracy to steal anhy-
drous ammonia and negligently
releasing it into the air
Region 4
William R. "Rusty" Miller
CWA/Unpermitted filling of wet-
lands
                               Tap Root Dairy, LLC
Region 4
                                  CW A/Discharging cow feces into
                                  river
Region 4
Michael Moshe Shimshoni
TSCA, Lead Hazard Reduction
Act/Failing to provide approved
EPA lead paint warning notices
and brochures to tenants, and al-
teration or falsification of records
                                                                          EPA Bulletin December 2013

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                           DEFENDANT SUMMARY:
           REGION
          DEFENDANTS
     CASE TYPE/STATUTES
Region 5
Marietta Industrial Enterprises
CAA/Failing to report permit vio-
lations
Region 5
John J. Mayer
CAA/Illegal removal and disposal
of asbestos-containing material
Region 5
Lamont P. Pryor
CAA/Improper handling of asbes-
tos
Region 6
Roger J. Dies
CWA/Falsifying and concealing
material facts, creating false docu-
ments, witness tampering, ob-
struction of justice, making false
statements to a federal criminal
investigator, and a forfeiture alle-
gation
Region 6
Kurt Mix
CW A/Ob struct! on of justice in
Deepwater Horizon case
Region 7
Z-Group, LLC
RCRA/Illegal transportation of
hazardous waste
Region 9
Eric Russell
CW A/Dumping raw sewage onto
government-owned land
                                                                          EPA Bulletin December 2013  3

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 Quick Links:
                                  p. 4-6
                                  p. 7 - 12
                                  p. 13
                                  p. 14 - 16
                             Sentendngs (Back to Quick Links)
Nevada Sewage Dumper Sentenced to Six Months in Prison — On December 2, 2013, ERIC RUS-
SELL, of Las Vegas, Nevada, was sentenced in federal district court for the Southern District of Califor-
nia, to time served (approximately six months) in custody for dumping thousands of gallons of raw sewage
                                               I on Bureau of Land Management (BLM) land in Im-
                                               perial  County.   Russell, who has been  in custody
                                               since June 2013 after absconding from  authorities,
                                               | was also ordered to pay $21,244.19 in restitution.
                                                      Russell had been a driver for All-in-One Envi-
                                               I ronmental Services of Havasu, Arizona.  On January
                                               3, 2012, Russell was driving an All-in-One waste dis-
                                               posal truck along Highway 72 in Imperial County. In
                                               order to save the time it would take to drive to a law-
                                               ful  disposal site and properly  dispose of his cargo,
                                               Russell illegally dumped approximately  1,500-2,000
                                               gallons of domestic sewage onto BLM land alongside
                                               Highway 72.  BLM rangers responded to the scene,
                                               and saw Russell's sewage tanker truck  stuck in a
                                               wash along Highway 78 (SR 78), near mile post 66 in
Imperial County, and smelled a strong stench of sewage.  Russell, the driver of the truck, told the ranger
that the trunk contained nothing but water, but he declined to take a sip of the "water" himself.  The pas-
senger in the sewage truck advised the ranger that  they had ended up in the wash after pumping out the
holding tanks at a commercial center in the Imperial Sand Dune Recreation Area.  But the passenger also
indicated that Russell's  stepfather  directed him  to
dump the sewage, and it was their practice to drive 10-
15 miles outside of Blythe and dump waste on Red
Cloud Road.  BLM had to send a team to remediate
the dump site, at a cost to the taxpayers of $21,244.19
       Another All-in-One Environmental  Services
driver, Dennis Johnson  (Russell's  stepfather) previ-
ously pleaded guilty to dumping sewage on the ground
in Imperial County and was sentenced to probation
and a fine.
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All-in-One waste disposal truck on BLM land from which
Russell illegally discharged domestic sewage onto the land.
                                                                                         i-
                                                      Stains on the ground from the dumped sewage.
                                                                           EPA Bulletin December 2013

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Federal Prison for Would-be Thieves Who Released Cloud of Hazardous Pollutants and Prompted a
Community to Shelter in Place - On December 18, 2013, JASON HUDNALL, of Maiden, West Vir-
ginia, was sentenced in federal district court for the Southern District of West Virginia to three and a half
years in prison after previously pleading guilty in September to conspiracy to steal anhydrous ammonia
and negligent release  of anhydrous  ammonia into the air.  Hudnall's co-defendant JOHN WESLEY
TUCKER, of Georges Creek, West Virginia, was sentenced on the same day and in the same court to one
year in prison and fined $1,000 after pleading guilty in October I
to conspiracy to steal anhydrous ammonia to be used to manu-
facture methamphetamine.  The two men participated  in  a
scheme to steal anhydrous ammonia from an eastern Kanawha
County mining waste water treatment site in October 2008 in |
order to make methamphetamine.
       Anhydrous ammonia, an extremely hazardous chemi-|
cal, is ammonia in a gaseous form that does not contain water.
The chemical is generally used to treat mining runoff in waste I
water ponds.  Anhydrous ammonia  has also been sought by
individuals as  a component in  the  illegal  production of|
methamphetamine.
       During the scheme, Tucker, Hudnall and two other co-conspirators, used tools, including a battery-
powered saw, to cut a security lock on a 1000-gallon storage tank containing anhydrous ammonia.  The co-
conspirators also brought portable tanks onto the property to store and transport the stolen anhydrous am-
monia.
       Tucker, Hudnall and two associates split a theft-prevention valve cover which caused anhydrous
ammonia to leak into the air. As a result of the chemical exposure, the co-conspirators fled the scene and
left the anhydrous ammonia storage tank valve open.  Approximately 500 gallons of anhydrous ammonia
leaked into the air.  Emergency service units, including the Belle and Chesapeake Fire Departments, Du-
Pont Chemical Company's Hazardous Material Team,  members of the West Virginia State Police, employ-
ees from Penn-Virginia Resources, and employees from  Republic Mining, responded to  the unsuspected
leak.  The anhydrous ammonia leak also prompted the Kanawha County Office of Emergency Services to
issue a shelter-in-place safety procedure as a precaution for nearby eastern Kanawha County residents.
       Penn-Virginia Resources, owner of the damaged storage tank, lost approximately  2500 pounds of
anhydrous ammonia at a cost of $1,725.  The company  also paid Mallard Environmental approximately
$3,325 to clean up the area surrounding the damaged tank. DuPont Emergency Response Group also in-
curred approximately $1,800 in expenses as a result of the chemical leak.
       Co-conspirator  Mitchell   Ray  Workman,   of   Chelyan,   Kanawha   County,   West
Virginia, was previously sentenced in April to 2 /^ years in prison for his role in the conspiracy to steal an-
hydrous ammonia.  A fourth co-conspirator, Jason Brown, of Maiden, West Virginia, previously pleaded
guilty in April for his role in the theft scheme, driving the other three conspirators to the mine site.  Brown
was sentenced in October to three years of supervised release with the first six months to be served in com-
munity confinement.  Brown's supervised release term also called for six months to be served home con-
finement, which included an electronic monitoring device. Each defendant was ordered to pay restitution
in the amount of $6,850 for the damage caused by the leak.  The anhydrous ammonia tank has since been
removed from the site.
       The case  was investigated by EPA's Criminal Investigation Division and the West Virginia State
Police.  It was prosecuted by Assistant United States Attorneys Erik S. Goes, William King and Blaire
Malkin.
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                                                                           EPA Bulletin December 2013

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Ohio Man Sentenced to Prison for His Role in Illegal Dumping of Asbestos — On December 16, 2013,
JOHN J. MAYER, of Toledo, Ohio, was sentenced in federal district court for the Northern District of
Ohio to one year in prison and ordered to pay a $2,000 fine for his role in the illegal removal and disposal
of asbestos-containing material. Mayer pleaded guilty in July to violating the Clean  Air Act.
       Mayer directed individuals to remove asbestos-containing insulation from boilers, duct work and
pipes in a former manufacturing facility in Toledo between September and December 2010, in order that
Mayer could  sell  the scrap metal from those items. This work was performed in violation  of the federal
Clean Air Act regulations regarding asbestos abatement, according to court documents.
       The asbestos-containing insulation was not wetted at any time during the removal process; the City
of Toledo, Division of Environmental  Services, was not notified prior to the work commencing  and there
was  not on site a person trained in the provisions of the federal  asbestos regulations, according to court
documents. The illegally removed asbestos-containing insulation was placed into approximately 82 garbage
bags, which were dumped at various locations throughout Toledo in violation of the requirement that such
material be disposed at a site operated in accordance with federal law, according to court documents.
       Timothy Byes, of Toledo, also pleaded guilty to violating the Clean Air Act  and  is scheduled to be
sentenced at a later date.
       The case was investigated by EPA's Criminal Investigation Division, the Ohio Bureau of Criminal
Identification and Investigation, the Ohio Environmental Protection Agency - Office of Special Investiga-
tions, the City of Toledo - Division of Environmental Services, all members of the  Northwest Ohio Envi-
ronmental Crimes Task Force.   It was prosecuted by Assistant United States Attorney Gene  Crawford and
Special Assistant United States Attorney James J. Cha.
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Ohio Demolition Company Owner Sentenced to Prison for Improper Handling  of Asbestos — On De-
cember 29, 2013, LAMONT P. PRYOR, of Lima, Ohio was  sentenced in federal district court for the
Southern District of Ohio to thirteen months in prison for violating the Clean Air Act in connection with
his company's handling of asbestos during the demolition of the former Piqua Medical Center in 2008.
       Pry or  pleaded guilty on August 8, 2013. to three counts of violating the  National Environmental
Standards for Hazardous Air Pollutants (NESHAP) provisions of the Clean Air Act.
       According to court documents, Pryor and his company, Avalon Commonwealth, Inc.,  removed
scrap metal from the hospital as part of the demolition process. The scrap metal was  removed and sold, but
the rest of the demolition debris, including friable asbestos, was piled in areas around the hospital, exposed
to the wind and elements. Pryor knew that he was not supposed to  leave the friable asbestos outside the
hospital, exposed to the elements, but instead was supposed to properly deposit the asbestos that  was gen-
erated as result  of his renovation and demolition activities at the hospital at a licensed asbestos waste dis-
posal facility. Pryor knowingly failed to do so.
       A representative of the Regional Air Pollution Control Agency (RAPCA),  the local air  pollution
control agency serving Miami County and the city of Piqua, inspected the site in December 2008, saw the
damaged asbestos outside the  hospital, and asked that demolition be halted while  the investigation took
place.
       The case was investigated by EPA's Criminal Investigation Division, Bureau  of Criminal Investiga-
tion's Environmental Enforcement Unit in the Ohio Attorney  General's office, the Ohio EPA Office  of
Special Investigations and RAPCA. It was prosecuted by Assistant U.S. Attorney Alex  Sistla and Special
Assistant U.S. Attorney Brad Beeson with the U.S. EPA.
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                                                                            EPA Bulletin December 2013  6

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                        Plea Agreements (Back to Quick Links)
Health and Beauty Products Company Pleads Guilty to Violating CWA at Connecticut Facility — On
December 5, 2013, Deirdre M. Daly, CONOPCO, INC., doing business as UNILEVER HOME & PER-
SONAL CARE USA, ("Unilever") pleaded guilty in federal district court for the District of Connecticut to
two felony violations of the Clean Water Act.  The charges stem from Unilever's December 2008 illegal
discharge of industrial wastewater at a manufacturing site in Clinton and the company's failure to report the
discharge in a timely manner.  As part of its plea agreement, Unilever agreed to pay a $1 million fine.  The
company also intends to contribute $3.5 million to state and local environmental programs.
       According to court documents and statements made in court, Unilever's Clinton manufacturing fa-
cility produced  a variety of health  and beauty products  for sale in the United States.  The wastewater pro-
duced by the plant was regulated by a permit that prohibited the company from bypassing any portion of its
wastewater treatment system unless the bypass was unanticipated,  unavoidable, and necessary to prevent
loss of life, personal injury or severe property damage. The permit further required that Unilever notify au-
thorities within  two hours of becoming aware of any bypass, and submit a written report within five days
setting forth the cause of the problem, the duration of the  event including dates and times, and corrective
actions taken or planned to prevent future occurrences.
       On December 5, 2008,  a third party contract employee noticed that a hose was being used to bypass
the industrial process wastewater treatment system by allowing the contents of a 4,500 gallon vacuum filter
filtrate tank to discharge directly to a storm  drain pipe that led to Hayden Creek. Upon making this discov-
ery, the contract employee alerted the junior wastewater  treatment operator for the Clinton facility and
showed him the hose and ongoing wastewater bypass.  These two individuals then shut off the hose.  The
contract employee then notified his non-Unilever supervisor about his observations, and was urged to notify
the Safety, Health and Environmental (SHE) manager of the Clinton facility.  The SHE manager notified
the plant manager, took  pictures, and observed the downstream  oil/water separator.  Despite the require-
ment that the Connecticut Department of Energy and Environmental Protection (DEEP) be notified within
two hours of the detection of such  a bypass, Unilever chose not notify the DEEP within this two-hour win-
dow.
       On December 6, 2008, the  SHE manager referred the matter to  counsel for Unilever for further in-
vestigation and notification of DEEP. The next day, in response to the SHE manager's request, the contract
employee sent the SHE manager an email detailing his observations of the bypass and stating "[t]his is not
the first time I've seen this done at your facility, I've seen this on  two previous occasions.  At that time,
however, I was  still trying to learn the system as quickly as possible and didn't understand the significance
of what I was viewing."  In the email, the contract employee opined that the senior operator had performed
the intentional bypass and had "done this  on several occasions  and perhaps more often than we care to
know."
       On December 8,  2008,  three days after being notified of the illegal discharge,  the Unilever plant
manager interviewed the two wastewater treatment operators and the contract employee who had initially
discovered the bypass. All three individuals denied any  responsibility for the bypass and indicated that they
did not know who was responsible,  although the contract  employee again stated that he believed that the
senior operator was responsible. From these interviews, the plant manager did not determine who was re-
sponsible for the  bypass or confirm whether any prior bypasses had occurred.  Later  that day,  the plant
manager sent an email to his superior within the organization  indicating that "we had  somebody by pass
[sic] the waste treatment process and put water into the storm water system . .  .working with  legal on how
to handle the DEP [sic], if at all."
       Unilever conducted its own internal investigation of the December 2008  incident. In subsequent

                                                                             EPA Bulletin December 2013  7

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conversations and written communications with federal and state authorities throughout 2009 and 2010,
Unilever claimed it was unable to conclusively determine who was responsible for the bypass, and mis-
characterized the incident as an isolated, "one-off incident that may  have been the  work of unknown
"vandals."
       An extensive EPA investigation revealed the truth about what had happened. The junior operator
admitted to the EPA that he intentionally bypassed the system on December 5. EPA further concluded that
for an extended period of time,  perhaps as long as two years prior to December 2008, the wastewater treat-
ment operators routinely bypassed the system on a weekly basis, discharging approximately 1,500 gallons
of partially treated wastewater at a time to the storm drain that  led to Hay den Creek.  EPA's investigation
established that these bypasses  were concealed from and unknown to Unilever management, including the
SHE manager and the plant manager. Unilever's management was aware, however, both that the operators
were not properly overseeing the wastewater treatment system  and that the system was not properly func-
tioning.
       In December 2012, Unilever ceased manufacturing operations at the Clinton facility.
       Unilever pleaded guilty to two counts of knowingly violating, or causing to be violated, the Clean
Water Act.  Each of these counts carries a maximum term of probation of five years and a fine of up to
$500,000. Sentencing is scheduled for March 3, 2014.
     Under the terms of a binding plea agreement, if accepted by the court, Unilever will be placed on pro-
bation for three years and pay a fine of $1 million. At the time of sentencing, Unilever intends to bring to
the court's attention that it made a $3.5 million payment to the  Connecticut Statewide Supplemental Envi-
ronmental Project Account (SEP) administered by DEEP. Of that money, $2.5 million will be used to fund
the Connecticut Resiliency and Climate Adaptation Center, which will conduct research, outreach and edu-
cation projects related to the effects of rising sea levels. In addition, $500,000 will be  used to design and
construct a fishway at the Chapman Mill Pond in Clinton, and $500,000 will be used to fund environmen-
tally beneficial projects proposed by the Town of Clinton, including the acquisition of open space.
       Unilever also has agreed to periodic environmental compliance inspections by an outside auditor at
all of its manufacturing locations in the U.S, and to certify, within one year of sentencing, that all of its em-
ployees at these facilities who perform or manage work subject to environmental compliance requirements
have received basic environmental compliance training. In addition, all Unilever employees  who are re-
sponsible for advising these facilities with respect to mandatory notifications to be made to state and fed-
eral environmental agencies must complete additional training to ensure they understand the legal notifica-
tion requirements under applicable environmental laws.
       The case was investigated by EPA's Criminal Investigation Division and the Connecticut Depart-
ment of Energy and Environmental Protection.   It  is being prosecuted by Assistant U.S.  Attorney  Ray
Miller and Special Assistant U.S. Attorney Peter Kenyon.
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                                                                            EPA Bulletin December 2013   8

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Ohio Company Agrees to Pay $50,000 for Violating Clean Air Act - On December 6, 2013, MARI-
ETTA INDUSTRIAL  ENTERPRISES, INC. (MIE) agreed to pay a $37,500 fine and make a $12,500
community service payment after pleading guilty to a felony charge of failing to report violations of the
company's permit in connection with its mineral processing operation.  Company president William Scott
                                               Elliott pleaded guilty to a misdemeanor charge of be-
                                               ing an accessory after the  fact for failing  to notify
                                               Ohio  Environmental Protection Agency of the viola-
                                               tions.
                                                      MIE's plea agreement includes a recommenda-
                                               tion that the company pay a fine of $37,500 and make
Mm
 Above photographs were taken during a covert surveillance
  of MIE which documented two days of visible emissions
       generated by MIE which were not reported.
          a community service payment of $12,500 to the War-
        'ren Township Fire Department.  Elliott's plea agree-
          ment includes a recommended sentence of 48  con-
          secutive hours in jail followed by 5 months and 28
          days of home confinement with electronic monitoring.
                According to court documents, One  of MIE's
          manufacturing processes is crushing medium  carbon
          ferromanganese alloy, referred to as medium carbon,
          in a mill line. Emissions from the mill lines are cap-
          tured by equipment known as a baghouse using a large
          electric fan to ensure that air pollution from the facil-
          ity is limited. According to court documents, company
          employees began turning off the  fan when processing
          medium carbon sometime in 2006. In May 2009, Elli-
          ott learned that the baghouse fans were  being turned
          off when medium carbon was crushed and put an end
          to the practice.
                MIE's permit calls for the company to disclose
          any instances that the baghouse has not operated prop-
          erly in its quarterly and annual reports to Ohio EPA.
          Between 2006 and 2009, MIE  never reported that the
          baghouse fans were turned off during the processing
          of medium carbon. From July 19, 2009  through Au-
          gust  10, 2010, Elliott, on behalf of MIE, submitted
          reports  to Ohio EPA. None of the reports stated that
          the baghouse fans were turned  off during the process-
          ing of medium carbon.
                The  case was jointly investigated by  EPA's
          Criminal Investigation Division,  the Ohio Bureau of
          Criminal Investigation, and the Ohio EPA all members
          of  the  Central  Ohio  Environmental Crimes Task
          Force. It was prosecuted by Special Assistant U.S. At-
          torney Brad  Beeson and Assistant  U.S. Attorney J.
          Michael Marous
          Back to lop
                                      EPA Bulletin December 2013

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Missouri  Company Pleads Guilty to Illegally Transporting Hazardous  Waste  — On December 9,
2013, Z-GROUP, LLC, a Kansas company registered to do business in Missouri, pleaded guilty in federal
court for the Western District of Missouri to illegally transporting hazardous  waste.  Company president
Friedrich-Wilhelm Zschietzschmann represented the company in court.
       Zschietzschmann was also the president and CEO of Z-International, Inc., which specialized in the
labeling industry. Z-International used large quantities of ink and ink-related products in its business, mak-
ing labels for numerous companies all  over the world.  Z-Group was established in 2001 by Zschietzsch-
mann to serve as owner of real estate where Z-International operated its business.   Z-International was
closed by  Zschietzschmann in July 2010.  Any assets or fixtures remaining on the property after the busi-
ness closed were sold or otherwise disposed of by a Z-International employee.
       Between July 2010 and April 2012, the company authorized personnel to hire others to transport
hazardous waste to a separate location. Z-International employees authorized the transportation of 23 con-
tainers of varying sizes that contained liquid hazardous waste to Studer Container Service in Kansas City.
Studer did not have a permit to receive  hazardous waste. In April 2012, EPA officials conducted a compli-
ance inspection at Studer. During the inspection, they found several containers of what appeared to be haz-
ardous materials.
       On June 28, 2012, EPA began its sampling and clean-up operation. On December 21, 2012,  the
EPA National Enforcement Investigations Center provided analytical results for 38 samples collected from
the containers dumped at Studer. Five of the samples tested positive for ignitability and two of the samples
tested positive for toxicity.  The EPA Superfund program cleaned up the hazardous waste at Studer to
eliminate possible adverse effects on human  health and environment.  The total EPA  Superfund cost was
$36,871.
       Under the terms of the plea agreement, Z-Group, LLC must pay a $50,000 fine and $36,871 in res-
titution, for a total  payment of $86,871. The  company is also subject to up to five years of probation. A
sentencing hearing will be scheduled after the completion of a presentence investigation by  the United
States Probation Office.
       The case was investigated by EPA's Criminal Investigation Division. It is being prosecuted by As-
sistant U.S. Attorney Jane Pansing Brown.
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                          Drums and containers found at Studer Container Services
                                                                            EPA Bulletin December 2013   10

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North Carolina Dairy Farm and Its Owner Plead Guilty to Discharging Cow Feces Into River —
On December 13, 2013, TAP ROOT DAIRY, LLC, one of North Carolina's largest dairy farms located
in Fletcher, North Carolina, and one of its owners pleaded guilty in federal district court for the Western
District of North Carolina, to criminal violations of the Clean Water Act.
       A criminal bill of information filed in U.S.  District Court on November 11, 2013, charged Tap
Root and William "Billy" Franklin Johnston, of Mills River, North Carolina, with one count of violation
of the  Clean Water  Act,  in connection with the discharging of cow feces into the French Broad River.
According to filed documents and statements made in court, Tap Root maintains several hundred cows
and manages hundreds of acres of crop fields in Fletcher.  In the annual course of its operations, Tap Root
disposes millions of pounds of solid and liquid animal waste, which are considered pollutants under the
Clean Water Act.
       Court  documents indi-
cate  that  beginning  in  2009,
Johnson  let   his   certification
lapse   as  operator   in   charge
(QIC)  of Tap  Root's   animal
waste management system.  De-
spite  receiving repeated  warn-
ings  and notices, court records
show that  as of December 4,
2012,  Tap  Root still had not
designated a valid QIC to over-
see its waste management  sys-
tem.  Furthermore, according to
filed documents,  from Septem-
ber 3, 2012  to  December 4,
2012  for a total of 93 days  Tap            Waste lagoon pond that is overflowing at Tap Root Dairy.
Root failed to check and maintain the levels of cow waste in its on-site waste containment lagoons. This
resulted in the spillover and discharge of 11,000 gallons of cow feces and other waste into the French
Broad River on December 4, 2012.
       In addition to pleading guilty to violating the Clean Water  Act, Tap Root has also agreed:  1) to
pay a fine of $80,000, which will be directed to entities that safeguard the French Broad River and other
environmental concerns in the Southeast; 2) to abandon any appeal to a related $13,507.82 North Carolina
state civil  penalty; 3) to serve a probationary term of four years during which regulators and investigators
can inspect their records  and facilities without notice and without a warrant; and 4) to design and imple-
ment a compliance  plan subject to approval by EPA.  At sentencing, Johnston faces a maximum prison
term of one year and has  agreed to pay an additional fine of $15,000. A sentencing date has not been set
yet.
       The French Broad River supplies drinking water to more than one million people and is frequently
used for recreational water activities, such as swimming and kayaking. In 2012, North Carolina listed the
French Broad River from Mud Creek to NC Highway 146 as impaired for fecal coliform bacteria.   Tap
Root is located on this impaired section of the French Broad River.
       The case was investigated by EPA's Criminal Investigation Division,  and North Carolina's State
Bureau of Investigation's  Diversion and  Environmental  Crimes  Unit. The prosecution is being handled
by Assistant U.S. Attorney  Steven R. Kaufman of the U.S. Attorney's Office in Charlotte.
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                                                                            EPA Bulletin December 2013   11

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Alabama Real Estate Developer Pleads  Guilty to Filling Protected Mississippi Wetlands — On De-
cember 17, 2013, WILLIAM R. "RUSTY" MILLER, a real estate developer from Fairhope, Alabama,
pleaded guilty in federal district court for the Southern District of Mississippi to the unpermitted filling of
wetlands near Bay St. Louis, Mississippi,  in violation of the Clean Water Act.  It is a felony under the
Clean Water Act for any person knowingly to discharge  pollutants into waters of the United States without
a permit.  Any person convicted of this offense is subject to imprisonment of up to three years and a pen-
alty of not more than $250,000.  A sentencing hearing is  scheduled for March 17, 2014.
       Miller, admitted to having caused the excavation and filling of wetlands on a 1,710 acre parcel of
undeveloped property in Hancock County, west of the  intersection of Route 603  and Interstate 10.  The
charging document to which the defendant pleaded guilty states that Miller was a part-owner of corpora-
tions that purchased and intended to develop the land. It alleges that in 2001 when Miller and his compa-
nies acquired the property, he was informed by a wetland expert that as much as 80 percent of the land was
federally protected wetland connected by streams and bayous to the Gulf of Mexico and as such could not
be developed without a permit from the U.S. Army Corps of Engineers. Wetland permits typically require
that developers protect and preserve other wetlands to compensate for those they are permitted to fill and
destroy.  In spite of additional notice he had received of the prohibition against filling and draining wetland
without authorization, it is alleged that Miller hired excavation contractors to trench, drain, and fill large
portions of the property to lower the water table and thus to destroy the wetland that would otherwise be an
impediment to commercial development.
       In pleading guilty, Miller has acknowledged that he knowingly ditched, drained and filled wetlands
at 10 locations on the Hancock County property without having obtained a permit from the U. S. Army
Corps of Engineers.
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                                                                            EPA Bulletin December 2013   12

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                              Trials (Back to Quick Links)
Former BP Engineer Convicted for Obstruction of Justice in Connection with Deepwater Horizon
Criminal Investigation — On December 18, 2013, KURT MIX, a former engineer for BP pic, was con-
victed of intentionally destroying evidence requested by federal criminal authorities investigating the April
20, 2010, Deepwater Horizon disaster.  Mix, of Katy, Texas, was convicted by a federal jury in the Eastern
District of Louisiana of one count of obstruction of justice and was acquitted on a second count of obstruc-
tion of justice.   He faces a maximum penalty of 20 years in prison when he is sentenced on March 26,
2014.
                                                     According to court documents and evidence at
                                             I trial, on April 20, 2010, the Deepwater Horizon rig ex-
                                              perienced an uncontrolled blowout and related explo-
                                              sions while closing the Macondo well.  The catastrophe
                                              killed 11 men on board and resulted in the largest envi-
                                             | ronmental disaster in U.S. history.
                                                     Mix was a drilling and completions project en-
                                             I gineer for BP.  Following the blowout, Mix worked on
                                              internal BP efforts to estimate the amount of oil leaking
                                              from the well  and was involved in various efforts to
                                              stop the leak.   Those  efforts included Top Kill, the
                                             | failed BP effort to pump heavy mud into the blown-out
wellhead to try to stop the oil flow. BP sent numerous notices to Mix requiring him to retain all informa-
tion concerning Macondo, including his text messages.
       On or about October 4, 2010, after Mix learned that his electronic files were to be collected by a
vendor working for BP's lawyers, Mix deleted on  his iPhone a text string containing more than 300 text
messages  with his BP supervisor. The deleted messages included a text sent on the evening of May 26,
2010, at the end of the  first day of Top Kill.  In  the text, Mix  stated, among other things, "Too much
flowrate - over 15,000."  Before Top Kill commenced, Mix and other engineers had concluded internally
that Top Kill was unlikely to succeed if the flow rate was greater  than 15,000  barrels  of oil per day
(BOPD).  At the time, BP's public estimate of the flow rate was 5,000 BOPD - three times lower than the
minimum flow rate indicated in Mix's text.
       By the time Mix deleted these texts, he had received numerous legal hold notices requiring him to
preserve such data and had been put on notice of the Department of Justice's criminal investigation of the
Deepwater Horizon disaster.
       The Deepwater Horizon Task Force, based  in New Orleans, is supervised by Acting Assistant At-
torney General Mythili Raman and led by William Pericak, a deputy chief in the Criminal Division's Fraud
Section who serves as the director of the task force. The task force includes prosecutors from the Criminal
Division  and the Environment and Natural Resources Division of the Department of Justice, the U.S. At-
torney's Office for the Eastern District of Louisiana and other U.S. Attorney's Offices, and investigating
agents  from the FBI, Environmental Protection Agency, Department  of Interior, U.S. Coast Guard, U.S.
Fish and Wildlife Service and other federal law enforcement agencies. The task force's investigation of
this and other matters concerning the Deepwater Horizon disaster is ongoing.
       The case  is being prosecuted by Senior Trial Attorney Jennifer L.  Saulino and Trial Attorney Leo
R. Tsao of the Fraud Section.
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                    Indictments/Informations (Back to Quick Links)
Georgia Man Accused of Discharging Waste into Potomac River — On December 6, 2013, PATRICK
BRIGHTWELL, of Bogart, Georgia, was indicted by a federal grand jury in the District of Columbia on
charges that he orchestrated the discharge of waste into the Potomac River at Hains Point from 2009
through 2011, during the same period his company was hired by the National Park Service to clean out the
storm water sewer system on the National Mall.  The eight-count indictment of Brightwell, was unsealed
following his arrest in Georgia on December 5, 2013. It was filed on November 15, 2013, by a grand jury
in the U.S. District Court for the District of Columbia.  It charges Brightwell with conspiracy, a Clean Wa-
ter Act violation, false claims, and obstructing the investigation of these offenses by tampering with wit-
nesses and making false statements.
       According to the indictment, from in or about 2008 through 2011, Brightwell's company had a con-
tract with the National Park Service to clean the storm water sewer system on the National Mall.  The con-
tract required that waste removed from the Mall's storm drains and oil-water separators be disposed of at a
proper disposal  facility in compliance with District of Columbia regulations and federal law. Brightwell
hired employees to work under the contract in 2008, 2009,  and 2010, and hired a subcontractor, B&P Envi-
ronmental, LLC, to perform the work in 2011. Each year, Brightwell supervised the work, collecting waste
in a vacuum truck, a vehicle designed to gather, store, and transport such waste.
       As alleged in the indictment, in 2009, 2010, and 2011, Brightwell directed his employees and sub-
contractors to discharge waste from the vacuum truck at  a storm drain on Hains Point, where  the waste
would flow into the Potomac River; Brightwell also directed his employees to conceal these discharges
from the National Park Service and police.
       During this period, Brightwell continued to invoice the National Park Service for cleaning services,
but concealed and did not disclose that Brightwell's company was not properly disposing of the waste,  as
required by the contract. Brightwell's company received approximately $533,000 between 2008 and 2011,
according to the indictment.
       The indictment further alleges that, on June 6, 2011, after the U.S. Park Police stopped the vacuum
truck at Hains Point, Brightwell sought to obstruct the investigation by making false statements himself, by
telling a subcontractor to make  false statements to the police, and by telling an employee to leave the area
to prevent police from interviewing him.
       If convicted,  Brightwell faces a maximum sentence of five years in prison on each of the conspir-
acy and false claims charges, as well as  a $250,000 fine; a maximum sentence of three years in prison on
the Clean Water Act violation and a fine of up to $50,000 per day; a maximum sentence of twenty years in
prison on the witness tampering counts; and a maximum sentence of up to five years in prison on the false
statement count.
       Earlier this year, the subcontractor, B&P Environmental, LLC, and a B&P  employee working on
June 6, 2011, both pled guilty to violations of the Clean Water Act before the U.S. District Court.  As part
of their pleas, both  the company  and employee agreed to cooperate with  the  government's investiga-
tion. Both the company and employee are awaiting sentencing.
       An indictment is merely a formal  charge that a defendant has  committed a violation of criminal
laws and is not evidence of guilt. Every defendant is presumed innocent until,  and unless, proven guilty.
       The case is being investigated by EPA's Criminal Investigation Division and the U.S. Park Police.
It is being prosecuted by Senior Trial  Attorney Lana Pettus of the Department of Justice's Environmental
Crimes  Section  and Assistant U.S.  Attorney Jonathan P. Hooks of the  U.S. Attorney's  Office for the Dis-
trict of Columbia. Assistance was provided by Paralegal Specialist Ashleigh Nye of DOJ's Environmental
Crimes Section and Paralegal Specialist Krishawn Graham of the U.S. Attorney's Office.
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                                                                          EPA Bulletin December 2013  14

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Florida Landlord Charged with Lead Paint Rule Violations and Falsifying Records — On December
12, 2013, MICHAEL MOSHE SHIMSHONI, of Tierra Verde, Florida, was charged in federal district
court for the Middle District of Florida with a six-count superseding indictment charging with four counts
of failing to provide approved EPA lead paint warning notices and brochures to his tenants, and two counts
of alteration or falsification of records in a federal investigation. If convicted, he faces a maximum penalty
of one year in federal prison on each of the failures to provide warning notice counts, and 20 years' impris-
onment for each of the falsification of records counts.
       According to the indictment, Shimshoni owned, managed, and offered commercial and residential
properties for lease in St. Petersburg through Pinellas Properties, Inc., and Affordable Realty and Property
Management, Inc., among other entities. The superseding indictment alleges that Shimshoni knowingly
and willfully failed to provide the prescribed lead paint hazard warning notices and federally approved lead
paint hazard brochures to lessees of his properties.  Federal law and regulations require that landlords must
provide a prospective tenant of certain "target housing" built prior to 1978, before a tenant is obligated un-
der any lease, with various warning notices including a lead warning statement, and a statement by the ten-
ant affirming the receipt of an EPA approved lead hazard information pamphlet. The purpose  of the pam-
phlet is to alert tenants to the dangers  of lead paint and inform them about measures to reduce the risk of
lead-based hazards.
       The superseding indictment further alleges that Shimshoni altered, falsified, and made false entries
in documents and records with the intent to impede, obstruct, and influence EPA's investigation and ad-
ministration of the Lead Hazard Reduction Act, the  Toxic  Substance Control Act, and related provisions
by producing backdated "Disclosure of  Information on Lead-Based Paint and/or  Lead-Based Paint Haz-
ards" forms.
       An indictment is merely a formal charge that a defendant has committed a violation of the federal
criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
       The case was investigated by the EPA's Criminal Investigations Division.  It will be prosecuted by
Assistant U.S. Attorney Matthew J. Mueller.
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Louisiana  Businessman Indicted for Environmental Crimes — On December 12, 2013, ROGER J.
DIES, of Zachary, Louisiana, was indicted in federal district court for the Middle District of Louisiana
with five counts of violating the Clean Water Act, one count of scheming to falsify and conceal material
facts, four counts of obstruction through the creation of false documents, one count of witness tampering,
one count of obstruction of justice, one count of making false statements to a federal criminal investigator,
and a forfeiture allegation. If convicted, Dies faces a maximum sentence up to 127 years in prison and over
$2,000,000 in fines.
       According to the indictment, Dies owned and operated Baton Rouge Tank Wash (BRTW), a busi-
ness focused on washing the interior of tanks hauling chemical and food-grade loads aboard trucks. BRTW
was  permitted to discharge wastewater resulting from the tank washes into the municipal  sewer  system,
subject to certain requirements and limitations.
       The  indictment alleges that  Dies illegally discharged into the municipal sewer system approxi-
mately 6,306,660 gallons of wastewater generated by industrial  processes at various offsite industrial fa-
cilities in exchange for approximately $371,000. The indictment further alleges that Dies discharged waste-
water which significantly and regularly exceeded the permitted toxicity and contamination limits. Accord-
ing to the indictment, Dies attempted to conceal his illegal activities by creating false documents, tamper-
ing with a witness, obstructing a grand jury proceeding, and making false statements to a federal criminal
investigator.
       This ongoing investigation is being conducted by EPA's Criminal Investigation Division, the U.S.
Attorney's  Office, and the Criminal  Investigation Division of the Louisiana Department of Environmental
Quality. The matter is being prosecuted by Assistant U.S. Attorneys Corey R. Amundson and Alan A.  Ste-
vens.
       An indictment is a determination by a grand jury that probable cause exists to believe that offenses
have been committed by a defendant. The defendant is presumed innocent until and unless proven guilty at
trial.
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 EPAPub. 310-N-13-012                                                         EPA Bulletin December 2013  16

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