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Environmental Crimes
Case Bulletin
U.S. Environmental Protection Agency
Office of Criminal Enforcement, Forensics and Training
This bulletin summarizes publicized investigative activity and adjudicated cases
conducted by OCEFT Criminal Investigation Division special agents, forensic specialists,
and legal support staff. To subscribe to this monthly bulletin you may sign up for
email alerts at http://www2.epa.gov/enforcement/criminal-enforcement-policy-
guidance-and-publications.
July 2015
In This Edition:
Aireko Construction Company, Edgardo Albino Region 2
Miguel Castillo Region 2
Ronen Bakski Region 3
Donzell Moore, Moorhouse Real Estate Development LLC Region 5
Brian Osborn Region 6
Earl Patrick Kearney Region 7
Kevin L. Cline Region 7
Michael J. Wolf Region 7
Larry Wolf Region 7
Kirk Hayward, Charles Seaton Region 9
Jon Koloski Region 10
&EPA
United States
Environmental Protection
Agency
EPA Pub. 310-N-15-007
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Defendant Summary
Region
Defendants
Case Type/Status
Region 2
Aireko Construction Company,
Edgardo Albino
CAA/lllegal asbestos removal; failure to notify imme-
diately appropriate government agency
Region 2
Miguel Castillo
RCRA/lllegally storing hazardous waste and making
false statements to EPA
Region 3
Ronen Bakski
CAA/Falsifying records and wire fraud
Region 5
Donzell Moore, Moorhouse Real
Estate Development LLC
CAA/lllegal asbestos removal and disposal
Region 6
Brian Osborn
CWA/II legally dumping of polluted water into a bay
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EPA Bulletin-July 2015
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Defendant Summary
Region
Defendants
Case Type/Status
Region 7
Earl Patrick Kearney
CWA/Altering sample data in monitoring reports
Region 7
Kevin L. Cline
CWA/Submitting false and fraudulent samples and
reports to state health department
Region 7
Michael J. Wolf
CWA/II legally discharging biological materials and
agriculture waste into U.S. waters
Region 7
Larry Wo If
CAA/Knowingly illegally violating work practice stand-
ards related to asbestos removal
Region 9
Kirk Hayward, Charles Seaton
RCRA/lllegal transportation of hazardous waste with-
out a license, falsification of official hazardous waste
disposal records, conspiracy, fraudulent use of identi-
fication and license of another transporter
Region 10
Jon Koloski
CWA/Making false statements to federal authorities,
failure to complete permit process
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EPA Bulletin-July 2015
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Sentencings
Missouri Man Sentenced for CWA Crimes -- On July 6, 2015, EARL PATRICK KEARNEY was sentenced in
federal district court for the Western District of Missouri to 5 years of probation and ordered to a pay a
criminal penalty of $30,000. In December, Kearney pleaded guilty to two negligent Clean Water Act
violations. Kearney was employed as a wastewater treatment operator for two housing developments
between May 2010 and August 2011. He was responsible for conducting wastewater sampling at the facilities
and submitting those results to the Missouri Department of Natural Resources. Kearney admitted to altering
sample data on quarterly discharge monitoring reports that he submitted to the state so that it appeared
they were in compliance with their discharge permits. The actual test results for total phosphorous, however,
showed that they had violated their permits.
The case was investigated by EPA's Criminal Investigation Division and the Missouri Department of
Natural Resources. It was prosecuted by Assistant U.S. Attorney Steve Mohlhenrich.
Back to Defendant Summary
.. '
Outfall from one of the facilities for which Kearney falsified discharge monitoring reports later submitted to the Mis-
souri Department of Natural Resources.
Page 4
EPA Bulletin-July 2015
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Sentencings
Kansas Business Owner Sentenced for CWA Violations -- On July 6, 2015, KEVIN L. CLINE, of Minneapolis,
Kansas, owner of C & R Plating, a metal plating company in Minneapolis, was sentenced in federal district
court for the District of Kansas to four
months in federal prison followed by six
months home confinement for violating
the federal Clean Water Act. His company mBI^^H^kflH&MiC£ELl>> W I
was fined $10,000. In addition, he and his
company were ordered to pay $281,503
in restitution.
In his plea, Cline admitted he was
responsible for high levels of zinc found in
a sewer system operated by the city of
Minneapolis. Beginning in 2007, Cline
submitted false and fraudulent samples
and reports to the Kansas Department of
Health and Environment to conceal the
fact that untreated waste water from C &
R Plating was being delivered to the
Minneapolis sewer system. The water
came from spent chemical baths used in
treating metals. The city sewer system
discharges into the Solomon River via
Lindsey Creek and an unnamed tributary.
The case was investigated by
EPA's Criminal Investigation Division. It
was prosecuted by Assistant U.S. Attorney
Richard Hathaway.
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The treatment system inside C&R Plating
Hoses in C&R Plating leading to the drain and city sewer system.
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EPA Bulletin-July 2015
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Sentencings
Former church where illegal asbestos re-
moval was conducted.
New Jersey Man Sentenced for Submitting False Documents to City
of Philadelphia - On July 21, 2015, RONEN BAKSKI, of Voorhees,
New Jersey, was sentenced in federal district court for the Eastern
District of Pennsylvania to one year and one day in prison for
falsifying records to obstruct a matter within the jurisdiction of the
U.S. EPA and wire fraud. He also received a $30,000 fine, a $200
special assessment, and a year of supervised release to follow
imprisonment.
Bakski submitted false documents to the city of Philadelphia's
Air Management Services office in connection with a project for
removal of asbestos-containing material from a former church
located in Philadelphia and billed the non-profit owner of the
property for work he did not perform. He pleaded guilty on March
18, 2015 to both counts of the indictment.
The case was investigated by EPA's Criminal Investigation
Division with assistance from the city of Philadelphia's Air
Management Services office. It is being prosecuted by Special
Assistant United States Attorneys Martin Harrell and Patricia C. Miller
of EPA.
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Asbestos containing material illegally removed from the former Church.
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EPA Bulletin-July 2015
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Sentencings
Discharge pipe (shown with 90 degree angle).
Louisiana Energy Company Operation Manager Pleads Guilty. Is Sentenced for Negligently discharging
Pollutants Into a Bay - On July 15, 2015, BRIAN OSBORN, of Lafayette, Louisiana, pleaded guilty in federal
district court for the Western District of Louisiana to one count of negligent discharge of pollutants. He was
sentenced to one day in prison and one year of supervised release and was ordered to perform 200 hours of
community service. The evidence presented at the guilty plea
showed that Gulfport Energy discharged produced water into
West Cote Blanche Bay from June 2011 until March 2012.
United States Attorney Stephanie A. Finley announced a
clarification related to an oilfield production company
employee's guilty plea and sentencing for dumping polluted
water into West Cote Blanche Bay. Finley clarified that
according to the guilty plea, Osborn, who was Gulfport
Energy Corporation's operation manager for the platform,
should have been aware of the problem. Additionally, Finley
clarified that the problem was not timely addressed and the
platform continued to illegally discharge the produced water
at certain production rates over a 10-month period. Osborn
was found to be an officer within Gulfport Energy
Corporation who became aware of the defective nature of
the platform, and who had the responsibility to fix any deficiency causing illegal discharges. Produced waters
are left over after separating oil from drainage fluids. The pollutants should have been disposed of via barge,
injection well or other approved method.
Gulf Port Energy pleaded guilty and was sentenced on one count of negligent discharge of pollutants
on October 27, 2014. The company was ordered to pay $1.5 million. Gulfport paid a $1.125 million fine for
violating the Clean Water Act. The company also paid
$375,000 in community service for a total of $1.5 million.
Of the $375,000, $100,000 was paid to the Louisiana State
Police Emergency Services Unit; $100,000 was paid to the
Louisiana Department of Environmental Quality; $125,000
was paid to the Public Oyster Seed Ground Development
Account within the Conservation Fund administered by
the Louisiana Department of Wildlife and Fisheries; and
$50,000 was paid to Southern Environmental Enforcement
Network.
The case was investigated by EPA's Criminal
Investigation Division and the Louisiana Department of
Environmental Quality-Criminal Investigations Division. It
was prosecuted by Assistant U.S. Attorney Myers P. Namie.
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Area of discharge
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EPA Bulletin-July 2015
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Sentencings
An Iowa Man Sentenced for CWA -- On July 20, 2015, MICHAEL J. WOLF, of Remsen, Iowa, was sentenced in
federal district court for the Northern District of Iowa for Clean Water. Michael Wolf received a sentence
including six weekends in prison after a December 16, 2014, guilty plea to one count of knowingly discharging
a pollutant into a waterway of the United States which resulted in a fish kill. A special assessment of $100
was also imposed. At the plea and sentencing hearings, the United States presented evidence that on
October 23 and 24, 2012, Wolf, while he was the maintenance manager at Sioux-Preme Packing, intentionally
discharged biological materials and agricultural wastes (e.g., blood, fecal material, animal guts, cleaning
chemicals, etc.) from one of Sioux-Preme's waste lagoons into a tributary of the West Branch of the Floyd
River.
The discharge lasted more than 11 hours. It fouled over 11 miles of river, downstream from the
lagoon. It killed over 190,058 fish of various species (with a value of $20,282.94) and caused the State of
Iowa to expend more than $5,000 in response costs. One witness to the fish kill described watching fish
jumping out of the water and racing around to avoid the deadly plume. Wolf lied to members of the Iowa
Department of Natural Resources' Emergency Response team attempting to ameliorate the effects of the
spill. This delay likely worsened the effects of the spill.
The case was investigated by EPA's Criminal Investigation Division and the Iowa Department of
Natural Resources. It was prosecuted by Assistant United States Attorney Forde Fairchild.
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PageS EPA BulletinJuly 2015
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Sentencings
A Nebraska Man Sentenced for CAA Violations - On July 20, 2015, LARRY WOLF, of Dakota City, Nebraska,
was sentenced in federal district court for the Northern District of Iowa for Clean Air Violations. Larry Wolf
received a sentence including a year
and a day in prison after a December
17, 2014, guilty plea to one count of
knowingly violating the work practice
standards of the Clean Air Act by failing
to thoroughly inspect the old Sioux City
YMCA to ascertain the amount of
asbestos, and whether that amount was
sufficient to subject the demolition
project to regulation. A special
| assessment of $100 was also imposed.
At the plea and sentencing
hearings, the United States presented
evidence that Larry Wolf knew the
building contained asbestos and
regulated asbestos-containing material
and that he had even received an asbestos abatement estimate for the building. Despite knowing the old
YMCA building contained asbestos, Wolf directed friends, family, and others to, disturb, renovate, remove,
and dispose the asbestos and regulated asbestos-containing material and help him personally do so. Wolf
took at least 19,514 pounds of scrap metal from the old YMCA and was paid at least $30,477.54 from one
particular scrap yard for it. He boasted he had made $80,000.00 or more from the old YMCA in this
way. When he was questioned by Special EPA Agents he lied, telling them he had only removed naked
materials from the facility.
The case was investigated by EPA's Criminal Investigation Division and the Iowa Department of
Natural Resources. It was prosecuted by Assistant United States Attorney Forde Fairchild.
The old YMCA building from which Wolf, and others at his direction, tore and
removed pipes containing asbestos.
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Page 9
EPA Bulletin-July 2015
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Sentencings
California Men Sentenced for Related to Hazardous Waste Disposal Records and for Transportation of
Hazardous Waste Without Required Permit -- On July 29, 2015, KIRK HAYWARD and CHARLES SEATON,
respectively the former owner and the former vice president of Clearwater Environmental Management, Inc.,
of Union City, California, were sentenced in
Alameda, California, county district court for
felony convictions of conspiracy. Hayward was
ordered to serve one year in the county jail and
five years of formal probation, and to pay
miscellaneous fines. He was also ordered not to
own, manage, or consult for a hazardous waste
company. Seaton was ordered to serve four
months in the county jail and five years of formal
probation, and to pay miscellaneous fines. He was
also ordered not to own, manage, or consult for a
hazardous waste company for ten years.
For years, Hayward and Seaton ran the
Union City, California-based company and
systematically defrauded Clearwater's customers,
falsified Clearwater customers' official hazardous
waste disposal records, and transported
hazardous waste without a license from DISC.
Defrauded Clearwater customers,
including BART, Closure Solutions, Rape
Machinery, and Recology, had hired the business
to ensure compliance with their legal obligations
as generators of hazardous waste, to lawfully
transport and dispose of their hazardous waste,
and to truly and accurately document disposal in Inside the Clearwater Environmental Management yard and truck-
official hazardous waste tracking records called mgjaaiy.
'manifests'. However, Clearwater failed to provide customers with all of these environmental services.
Clearwater lost its license (called a 'registration') to transport hazardous waste in 2007 after Hayward
was criminally convicted and ordered to serve 60 days in jail and pay a $70,000 fine stemming from an earlier
DISC investigation. After losing its license, Clearwater lawfully transported waste that was non-hazardous,
but also transported waste that was hazardous, by fraudulently using the identity and license of another
transporter on customers' official hazardous waste manifests. The defendants also often falsified the disposal
site in customers' manifests. They represented that waste had been disposed of at Clearwater's facility in
Silver Springs, Nevada, when the waste never went there, according to facility employees and records. In
truth, Clearwater illegally consolidated, stored, and/or disposed of the waste.
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Page 10
EPA Bulletin-July 2015
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Sentencings
Ohio Company Owner and His Company Sentenced in Asbestos Dumping Case -- On July 21, 2015, DONZELL
MOORE, of Toledo, Ohio, was sentenced in county court of common pleas for charges related to asbestos
removal and disposal during demolition of the former Champion Spark Plug facility in Toledo. He was given
30 days in jail (with work release eligibility), three years community control, and 240 hours of community
service. He also was ordered to pay $25,274.37, jointly with his company, to Ohio EPA for clean-up and
investigative costs. The court also reserved a 12-month prison sentence if Moore violates the terms of his
community control. He had pleaded guilty on June 4 to charges of complicity to remove asbestos without a
certification or license and illegal disposal of construction and demolition debris.
Separately, his company, MOORHOUSE REAL ESTATE
DEVELOPMENT LLC, was ordered to pay fines totaling
$10,750. The company pleaded guilty to complicity to
remove asbestos without a certification or license, removing
asbestos without notifying Ohio EPA, and illegal disposal of
I construction and demolition debris.
In October 2012, Moore paid scrap worker Ronald
I Gibson, to illegally remove and dispose of friable asbestos
pipe insulation from the Champion facility in anticipation of
demolishing the boiler building. Gibson, of Holland, Ohio,
illegally disposed of the asbestos insulation in rural western
The OldStateline Roaddumpsite. This was taken by Lucas County and jn ,arge trash bjns behjnd an apartment
the Ohio EPA employee who discovered the dump site.
complex in West Toledo. Gibson was sentenced on April 15
to one year and 90 days in jail and a $750 fine on the latter
two counts. He received three years' community control including 160 hours of community service and was
ordered to pay $5,374.37 in restitution. The jail time was suspended on the condition he completed the
terms of his community control and cooperated in the prosecution of Moore and his company. The Gibson
criminal investigation was a collaboration of multiple agencies at the local, state, and federal level as part of
the Northwest Ohio Environmental Crimes Task Force, which also included assistance from the Toledo
Division of Environmental Services and Ohio Department of Health's Environmental Abatement Section. It
was prosecuted by the Ohio Attorney General's Environmental Enforcement Section, Criminal Prosecutions
Unit, which was appointed by the Lucas County prosecutor.
The dump site in western Lucas County was discovered in November 2012 on private property off Old
Stateline Road in Monclova Township. After evidence was collected, the asbestos insulation was cleaned up
and properly disposed of by an Ohio EPA contractor.
The Moore case was investigated by EPA's Criminal Investigation Division, the Ohio EPA Office of
Special Investigations, and the Ohio Attorney General's Bureau of Criminal Investigation, with help from
public tips. The investigation led to Gibson, who pleaded guilty to removing asbestos without a license or
certification, removing asbestos without notifying Ohio EPA, and illegal disposal of construction and
demolition debris.
Back to Defendant Summary
Page 11
EPA Bulletin-July 2015
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Plea Agreements
Washington State Homeowner Pleads Guilty to Making False Statement to Federal Authorities --On July 9,
2015, JON KOLOSKI, of Potlach in Mason County, Washington, a Hood Canal waterfront property owner,
pleaded guilty in federal district court for the Western District of Washington to the federal felony offense of
making a false statement to a federal official in connection with his unlawful construction of a beachfront
bulkhead. Koloski constructed the bulkhead in September 2011, without the appropriate permit from the
U.S. Army Corps of Engineers. He had been told by both Mason County officials and the Corps that he
needed the federal permit to construct the bulkhead. After he failed to complete the permit process, and
after the new bulkhead had been installed, Koloski falsely told the U.S. Army Corps of Engineers via email
that he no longer needed the permit as he was not going to replace the previously existing bulkhead. A
subsequent inspection by the Corps of Engineers revealed the bulkhead had already been constructed and
was in violation of federal and state rules. Koloski is scheduled to be sentenced on October 5, 2015. In
I addition to the criminal charge, Koloski also settled
I civil violations of the federal Clean Water Act.
According to the plea agreement, Koloski
I admits that in the late 1990s he started exploring the
replacement of the existing bulkhead at his
beachfront property. He was told by Mason County
I authorities that any new bulkhead had to remain on
the footprint of the existing bulkhead, and could not
extend further than 6 feet past the ordinary high
water mark. Koloski was also informed that any
work that extended beyond the ordinary high water
mark had to be approved and permitted by the U.S.
I Army Corps of Engineers. In early 2010, Mason
: County issued permits for a new bulkhead 6 feet past
the ordinary high water mark. In June 2010, an
official with the U.S. Army Corps of Engineers
informed Koloski that he needed to apply for a
permit. In paperwork submitted to the Corps, Koloski
said the bulkhead would be ten feet past the
ordinary high water mark. The Corps asked for more
information on the project, but Koloski did not
respond and in September 2010 the permit process
was cancelled.
In October 2010, Koloski revived the process
by submitting some of the required information and
he was informed of the time frame for permit
Koloski's beachfront property before construction of the bulk- approva|. StiN without a permit, in mid-2011 Koloski
went forward and hired a contractor. In September
2011 Koloski had the bulkhead installed ten feet past
head (top) and after (bottom).
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EPA Bulletin-July 2015
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Plea Agreements
the ordinary high water mark. The Corps of Engineers was unaware of the construction and sent Koloski
information on specific requirements for a permit in early 2012. Koloski responded in April 2012 that due to
financial considerations he no longer planned to build the new bulkhead and asked that his application for a
permit be withdrawn. Koloski sent the email some six months after having the new bulkhead constructed.
In May 2012, a Corps of Engineers inspector visited the Koloski property and discovered the new bulkhead
had been constructed without a permit and in violation of rules regarding the distance seaward from the
ordinary high water mark.
Koloski has agreed to pay $60,000 in civil penalties and $60,500 to the Hood Canal Coordinating
Council for mitigation of salmon habitat to offset environmental impacts associated with construction of the
bulkhead. In addition, the civil settlement requires habitat restoration at the site of the bulkhead to remedy
habitat loss.
The case was investigated by EPA's Criminal Investigation Division, the Mason County, Washington
Department of Ecology, Washington Department of Fish and Wildlife, the U.S. Army Corps of Engineers, and
the National Oceanic and Atmospheric Administration. It is being prosecuted by Assistant United States
Attorney James Oesterle.
Back to Defendant Summary
More photographs of Koloski's beachfront property before construction of the bulkhead (left) and after (right).
Page 13
EPA Bulletin-July 2015
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Indictments/Information!
Puerto Rico Construction Company and Its Executive Owner Indicted for CAA Violations --On July 13, 2015,
AIREKO CONSTRUCTION COMPANY was charged by a grand jury in federal district court for the District of
Puerto Rico with illegal removal of asbestos during the renovation of the 9th floor of the Minillas North Tower
in May 2012.
The grand jury charged Aireko with five counts of failing to comply with the National Emission
Standards for Hazardous Air Pollutants (NESHAP) by failing: (1) to adequately wet the asbestos during the
removal; (2) to have a properly trained supervisor on site during the removal; (3) to properly place the
asbestos in leak tight bags; (4) failing to properly label the asbestos containing waste material; (5) to properly
dispose of the asbestos containing material at an authorized land fill. Count Six charges the defendant with
failing to notify immediately the appropriate government agency of the release of a reportable quantity of a
hazard substance-asbestos.
The indictment alleges that between Saturday 12 and Sunday May 13, 2012, subcontractors, working
within the scope of their employment and at least in part for the benefit Aireko, removed ceiling materials
containing more than 1 percent asbestos and placed the asbestos containing materials in the trash area in
back of the Minillas North Tower. The failure to notify charge focuses on conduct of corporate officials who
discovered the release of asbestos on Monday, May 14, and failed to make the appropriate notifications.
The illegal removal of the asbestos containing ceiling material and transporting it down to the trash
area without following the NESHA work practice requirements resulted in the contamination of the entire
office building. The building was ordered closed by the Public Building Authority on May 20, 2015. Clean-up
required almost one year to complete.
In a related matter, EDGARDO ALBINO was charged with failing to notify immediately the appropriate
government agency of the release of a reportable quantity of a hazard substance-asbestos. Albino, of
Caguas, Puerto Rico, is the vice-president of operations and executive owner of Aireko. He was the senior
Aireko employee responsible for supervising the ninth floor renovation.
The case was investigated by EPA's Criminal Investigation Division. It is being prosecuted by Howard P.
Stewart, Senior Litigation Counsel, Environmental Crimes Section of the Department of Justice Washington,
D.C., and Assistant United States Attorney Mariana E. Bauza-Almonte with assistance from Carolina Jordan-
Garcfa, EPA Region II Criminal Enforcement Counsel. The charges and allegations are merely accusations, and
the defendant is presumed innocent unless and until proven guilty.
Back to Defendant Summary
Page 14 EPA Bulletin-July 2015
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Indictments/Information!
South Carolina Man Indicted for Illegally Storing Hazardous Waste at Camden. New Jersey. Chemical
Company Facility and Making False Statements to EPA -- On July 17, 2015, MIGUEL CASTILLO, of Hilton
Head, South Carolina, former president and CEO of Concord Chemical Co. Inc. (Concord) was charged by a
federal grand jury in federal district court for the District of New Jersey with one count of storing hazardous
waste at Concord's Camden, New Jersey, facility in violation of the Resource Conservation and Recovery Act
and two counts of making false statements to the EPA.
According to the indictment: RCRA was enacted in 1976 to address a growing nationwide problem
with industrial and municipal waste. RCRA was designed to protect human health and the environment by
prohibiting the treatment, storage or disposal of any hazardous waste without a permit. The Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the EPA to remove hazardous
waste from industrial sites and hold responsible parties liable for the costs.
Concord manufactured, repackaged and distributed a wide variety of chemical products, including
cresylic acid, soaps, waxes, pipe lubricants and emulsions. Some of Concord's products and the raw materials
used to make them were hazardous. Castillo was Concord's president or CEO from 2003 through August
2011. He also served as the president and director of another company, KW Inc., which repackaged and
distributed commercial laundry products while leasing space from Concord's Camden facility from May 2008
through the fall of 2009. Neither Concord nor KW had a permit to store hazardous waste at the Camden
facility.
While Castillo was in charge of Concord, drums containing hazardous waste were stored in the
Camden facility basement. In 2004 and 2005, Concord employees attempted to remove those drums but
allegedly never finished due to claims by Castillo that Concord could not afford to remove additional drums.
By March 2010, Concord and KW had ceased operations at Concord's Camden facility. In August 2010,
the EPA conducted a site visit and discovered that the facility was devoid of employees, left in a deteriorated
condition and filled with drums containing corrosive and ignitable hazardous waste. From October 2010
through March 2011, the EPA removed the hazardous substances from the facility.
On September 1, 2011, EPA requested information from Castillo in order to identify the parties
responsible for EPA's removal costs. When Castillo responded to the EPA's requests, he failed to identify
himself as Concord's president and CEO or KW's president and director.
The illegal storage of hazardous waste charge and each of the false statements charges carry a
maximum penalty of five years in prison and a $250,000 fine, or twice the gain or loss caused by the offense.
The case was investigated by EPA's Criminal Investigation Division. It is being prosecuted by Assistant
U.S. Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in
Newark. The charges and allegations against Castillo are merely accusations, and the defendant is presumed
innocent unless and until proven guilty.
Back to Defendant Summary
Page 15 EPA Bulletin-July 2015
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