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 on our publications page. Unless otherwise noted, all photos are provided
by EPA-CID.
November-December 2021
In This Edition:
Marmon Utility LLC - Region 1
Kristofer Landell, Stephanie Laskin - Region 2
Bruce Evans Sr., Bruce Evans Jr. - Region 3
Robert Yost, Jacob Reese—Region 3
Filibuster Distillery and Sid Dilawri—Region 3
Lee Vann Crawford, Eastern Electronics Recycling—Region 4
John Affourtit—Region 4
Aaron Rochester—Region 7
US Minerals Inc- Region 8
Summit Midstream Partners LLC - Region 8
Kwong Yau Lam - Region 9
Monsanto - Region 9
Anthony Shand Gilstrap—Region 9
Beta Operating Co LLC; Amplify Energy Corp; San Pedro Bay Pipeline Co - Region 9
Seattle Barrel and Cooperage Company, Louie Sanft - Region 10
Loren Kim Jacobson (KCCS Inc) —Region 10
4%	United States
•9*2* |-*jOrk Environmental Protection
In I	Agency
EPA Pub. 310-N-15-007

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Defendant Summary
Region
Defendants
Case Type/Status
1
Marmon Utility LLC
Plea Agreement
2
Kristofer Landell
Stephanie Laskin
Sentencing
3
Filibuster Distillery and Sid Dilawri
Plea Agreement
3
Bruce Evans Sr.
Bruce Evans Jr.
Trial
3
Robert Yost, Jacob Reese
Indictment
4
John Affourtit
Plea Agreement
4
Lee Vann Crawford, Eastern Electronics Recycling
USA
Plea Agreement
7
Aaron Rochester (Recycletronics)
Sentencing
8
US Minerals Inc
Sentencing
8
Summit Midstream Partners LLC
Sentencing
9
Kwong Yau Lam
Sentencing
9
Monsanto
Plea Agreement
9
Beta Operating Co LLC; Amplify Energy Corp; San
Pedro Bay Pipeline Co
Indictment
9
Anthony Shane Gilstrap
Indictment
10
Seattle Barrel and Cooperage Company;
Louie Sanft
Trial
10
Loren Kim Jacobson (KCCS Inc)
Sentencing
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Sentencings
NY Project Monitor and Abatement Company Owner Sentenced to Jail and Fined $399,000
for Conspiring to Violate Asbestos Regulations
Kristofer Landell arid Stephanie Laskin were sentenced on December 1, 2021 in Binghamton, New York, for
conspiring to violate Clean Air Act regulations that control the safe removal, handling and disposal of asbes-
tos.
Landell and Laskin were sentenced to eight months and ten months of incarceration respectively, as well as
three years of supervised release, during which time the defendants must surrender any asbestos-related
licenses. Co-defendants Roger Osterhoudt, Gunay Yakup and Madeline Alonge were all sentenced to three
years' probation in early November. All five defendants were further ordered to pay approximately $399,000
in restitution to the Environmental Protection Agency (EPA) for its costs related to cleaning up the now-
contaminated site in Kingston, New York, known as the "Tech City property." The defendants may also be
ordered to pay additional monies to members of the community who were potentially exposed to hazardous
air pollutants as a result of the defendants' conspiracy.
According to court-filed documents, Landell, Laskin, Yakup, and Alonge engaged in a year-long conspiracy to
violate federal and New York State Department of Labor (NYSDOL) regulations intended to prevent human
exposure to asbestos. More specifically, between 2015
and 2016, Landell and Laskin both permitted, and in some
cases directed, abatement workers to remove asbestos
from the TechCity Property illegally by stripping regulated
asbestos containing materials without properly containing
the work area and removing the asbestos dry, thus allow-
ing airborne fibers to escape into the surrounding envi-
ronment. In an effort to conceal those crimes, Landell,
acting in his capacity as an air- and project-monitor, con-
cealed these violations by fabricating and falsifying paper-
work required by EPA and the State of New York. The con-
spirators also engaged in other efforts to deceive authori-
ties, such as by failing to conduct air-monitoring arid falsi-
fying at least one NYSDOL-required "final air clearance."
Despite the defendants' efforts to conceal their crimes,
NYSDOL inspectors found numerous violations during the
course of the year-long project and issued notices of viola-
tion. Conditions at the TechCity Property deteriorated un-
til NYSDOL shut down operations in August 2016 and di-
rected the defendants and their companies to cease all
work. Notwithstanding this NYSDOL order, the defendants
continued operations for a short time, prompting a crimi-
nal investigation.
In his plea agreement, Osterhoudt, the Vice President of
Property Management for TechCity, admitted that as a
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Sentencings
result of the defendants' illegal asbestos removal, there was likely a release of asbestos contamination into
the environment that placed others at an increased risk of death or serious bodily injury. Asbestos has been
determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. Given that EPA
has determined that there is no safe level of exposure to asbestos, the United States has endeavored to iden-
tify all those persons in close proximity to the illegal asbestos operations during the TechCity project and is
seeking restitution on behalf of all those potentially exposed to airborne asbestos contamination during the
relevant time period. That process is ongoing.
The investigation was handled by EPA's Criminal Investigation Division with assistance from the New York
State Department of Environmental Conservation and information provided by the NYSDOL Asbestos Control
Bureau and the federal Occupational Safety and Health Administration. The case was prosecuted by DOJ.
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Sentencings
Tanker Company Owner Sentenced to Prison for Lying to OSHA and Violating DOT Safety
Standards in Idaho
On November 19, 2021, Loren Kim Jacobson, 65, of Pocatello, Idaho was sentenced to a month in federal
prison, five months of home confinement, three years of supervised release, and a $15,000 fine for lying to
the Occupational Safety and Health Administration (OSHA) and for making an illegal repair to a cargo tanker
in violation of the Hazardous Materials Transportation Act. The crimes came to light through the investiga-
tion of an explosion.
Jacobson, who is the owner of a tanker testing and repair company, KCCS Inc., pleaded guilty to the above
offenses. The case arose from an explosion that occurred at KCCS during a cargo tanker repair on Aug. 14,
2018, which severely injured a KCCS employee. According to the plea agreement, the KCCS employee's weld-
er flame pierced the skin of the tanker, and ignited residual flammable material inside. After the explosion,
an OSHA investigator interviewed Jacobson about the circumstances surrounding the accident, as part of an
investigation into whether Jacobson
had violated OSHA safety standards for
cargo tanker repair work. Jacobson
made a materially false statement to
the OSHA investigator during that inter-
view, namely that the welder was mere-
ly an "observer," not an employee, and
that KCCS did not have any employees,
as OSHA requirements only apply to
"employers."
Jacobson lied about not having employ-
ees try to evade legal repercussions and
penalties for his violation of various Oc-
cupational Safety and Health Act safety
standards during the repair that result-
ed in the explosion. According to the
sentencing memorandum, Jacobson also lied about several other points, including telling the OSHA inspector
that he had used a lower explosive limit meter to test the tank for explosive fumes prior to welding. Using
such a meter could have detected the fumes that resulted in the explosion.
Jacobson also admitted in the plea agreement that he did not possess the necessary certification to conduct
cargo tanker repairs, which he regularly conducted at KCCS. Under the Hazardous Materials Transportation
Act, all repairs to the skin of a cargo tanker require that the repairperson hold an "R stamp," which can be
obtained only after meeting extensive training requirements. The purpose of this requirement is to ensure
that those conducting repairs on cargo tankers (which often haul flammable materials) have adequate train-
ing and expertise to do so safely. Jacobson admitted that he had a regular practice of making repairs requir-
ing an R-stamp despite knowing he did not have one, and that he would send employees into cargo tankers
to weld patches from the inside so that the illegal repairs would not be visible from the outside. Jacobson did
not follow OSHA safety standards for protecting employees from such dangerous "confined space entries."
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Sentencings
According to the plea agreement, Jacobson directed his employee to conduct a hidden repair of this type on
the tanker that subsequently exploded, in violation of both OSHA safety standards and the R-stamp require-
ment.
According to the government's sentencing memorandum, Jacobson also had a routine practice of falsifying
results for pressure testing that he conducted on behalf of cargo tank owners. Pressure testing is required
under law and is intended to make sure that cargo tanks will automatically vent gases if pressure inside the
tank gets too high, thereby preventing explosions. Instead of actually testing tank valves, Jacobson merely
wrote plausible numbers on the test result forms. When confronted about this practice, Jacobson lied to a
Department of Transportation inspector about it, attempting to hide the practice by producing fake test re-
sult forms with passing values. He later admitted his practice of falsifying pressure test results.
"This tragic accident could have been prevented had the defendant adhered to OSHA workplace safety re-
quirements," said Acting U.S. Attorney Rafael M. Gonzalez, Jr. "It is vital that companies follow all health and
safety guidelines and ensure a safe workplace for its employees. By callously focusing on financial gain, the
defendant created the conditions that led to the explosion," Gonzalez added before commending the investi-
gators at OSHA, the Department of Transportation, and the Environmental Protection Agency for uncovering
the evidence in this case."
"Playing cat and mouse with inspectors, rather than complying with legal requirements that keep workplaces
safe, is a dangerous game that can ruin lives," said Assistant Attorney General Todd Kim of the Justice Depart-
ment's Environment and Natural Resources Division. "The Department of Justice will hold accountable those
who mock the law this way."
"Loren Jacobson made material false statements to OSHA investigators regarding his failure to take safety
precautions to protect his employees," said Special Agent-in-Charge Quentin Heiden of the U.S. Department
of Labor Office of Inspector General's Los Angeles Region. "His actions put his employees at extreme risk and
resulted in the explosion of a cargo tanker they were repairing. The sentencing affirms the U.S. Department
of Labor Office of Inspector General's commitment to bring to justice those who lie to OSHA officials."
The case was investigated by EPA's Criminal Investigation Division, the Department of Transportation's Office
of the Inspector General, and the Department of Labor's Office of the Inspector General. The case was prose-
cuted by a DOJ litigation team.
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Sentencings
U.S. Minerals, Inc. Sentenced for Clean Air Act Violation that Exposed Employees to Arsenic
at Former Montana Plant
U.S. Minerals, Inc., a corporation that admitted to exposing employees at its former Anaconda plant to ele-
vated levels of arsenic, was sentenced on December 10, 2021, to a maximum probationary term, fined and
ordered to enact a medical monitoring plan for workers at the Montana plant and a nationwide environmen-
tal health and safety plan at its five other plants, U.S. Attorney Leif M. Johnson said.
U.S. Minerals pleaded guilty in August to one count of negligent endangerment, a misdemeanor, under the
Clean Air Act as charged in a criminal information.
U.S. District Judge Dana L. Christensen sentenced U.S. Minerals as recommended in a plea agreement to a
maximum of five years of probation and to pay a $393,200 fine. The criminal fine is in addition to civil penal-
ties totaling $106,800 imposed by the Occupational Safety and Health Administration in a related civil pro-
ceeding, bringing the total amount to be paid by U.S. Minerals to $500,000.
Probationary conditions require U.S. Minerals to implement a medical monitoring program for employees
who were exposed to elevated levels of arsenic during their work at the Anaconda plant and a nationwide
environmental health and safety plan at all five of its plants throughout the United States. The Anaconda
plant ceased operations in June. The company operates plants in Illinois, Wisconsin, Kansas, Texas and Louisi-
ana.
"Despite repeated warnings and enforcement actions from regulators, U.S. Minerals continued to poison its
workers and put profits before the well-being of its employees. U.S. Minerals' history of misconduct showed
a lack of care for employee safety and an utter disregard for regulations intended to protect human health
and the environment. This case ends U.S. Minerals' criminal conduct in Montana and will hold it accountable
at its other plants," U.S. Attorney Johnson said. "I want to thank Assistant U.S. Attorney Ryan G. Weldon, Spe-
cial Assistant U.S. Attorney Eric E. Nelson, the Environmental Protection Agency's Criminal Investigation Divi-
sion, the U.S. Department of Labor, Occupational Safety and Health Administration, the National Institute for
Occupational Safety and Health, and the Montana Department of Public Health and Human Services for in-
vestigating this case and bringing these wrongdoers to justice."
"U.S. Minerals exposed its employees to toxic levels of arsenic, a hazardous air pollutant known to pose sig-
nificant health risks," said Special Agent in Charge Lance Ehrig of EPA's Criminal Investigation Division in Mon-
tana. "The sentencing demonstrates that EPA and its partners will hold corporations accountable when they
ignore environmental regulations and jeopardize the health of workers."
"The continued dedication of the Environmental Protection Agency and the United States Department of Jus-
tice, working in collaboration with the Occupational Safety and Health Administration, achieved justice and
improved health and safety working conditions for the employees of U.S. Minerals nationwide. By working
together, we leveraged a multi-agency front and held U.S. Minerals accountable for violating multiple federal
laws and overexposing employees to inorganic arsenic," said Jennifer Rous, Regional Administrator for
OSHA's Denver Region.
The government alleged in court documents that U.S. Minerals manufactured silicate abrasive, a substance
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Sentencings
sold to industrial and governmental customers. Raw materials used in the production process were obtained
from a waste copper slag pile, located within the Anaconda Superfund site. Processing the slag generates
dust, which releases inorganic arsenic into the air. The government further alleged that from July 2015 until
February 2019, U.S. Minerals negligently released inorganic arsenic, a hazardous air pollutant, into the air
and exposed employees. Exposure to arsenic is known to cause lung and skin diseases, including an increased
risk of skin cancer, and may also cause cardiovascular effects and other cancers.
The government further alleged that in 2015, the National Institute for Occupational Safety and Health
(NIOSH) and OSHA each inspected the site and found numerous violations of health and safety standards that
resulted in $106,800 in OSHA penalties.
In 2018, the Montana Department of Public Health and Human Services learned of health-related issues
affecting U.S. Minerals employees, visited the site and informed the company that its employees were ex-
posed to "apparent inhalation hazards" from dust. A second inspection found the violations were unresolved.
Montana shut down U.S. Minerals in February 2019. When the state allowed operations to resume in March
2019, employees continued to test high for arsenic and lead.
The case was investigated by EPA's Criminal Investigation Division, OSHA, NIOSH, and the Montana Depart-
ment of Public Health and Human Services. The U.S. Department of Labor's Office of the Solicitor litigated the
OSHA matter. The case is being prosecuted by a joint DOJ/EPA litigation team.
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Sentencings
Pipeline Company Sentenced for Largest-Ever Inland Oil Spill—Pipeline Rupture Discovered
After 143 Days and Discharge of 29 Million Gallons
Ori December 6, 2021, the pipeline company responsible for the discharge of 29 million gallons of oil-
contaminated "produced water" - a waste product of hydraulic fracturing - was sentenced to pay a $15 mil-
lion criminal fine and serve a three year period of probation.
Summit Midstream Partners LLC pleaded guilty to criminal charges that it violated the Clean Water Act, as
amended by the Oil Pollution Act of 1990, by negligently causing the discharge into U.S. waters in 2014, and
deliberately failing to immediately report the spill to federal authorities as required. More than 700,000 bar-
rels were discharged thereby contaminating Blacktaii Creek and nearby iand and groundwater. By law, the
federal fines in this case will go to the Oil Spill Liability Trust Fund used to respond and clean up future oil
spills.
"Summit is being held criminally ac-
countable for its crimes of negligent-
ly discharging more than 29 million
gallons over more than 4 months
and then knowingly failing to report
the discharge," said Assistant Attor-
ney General Todd Kim of the Justice
Department's Environment and Nat-
ural Resources Division. "Summit
gave misleading and incomplete
statements to the government
about the duration and size of the
spill. Through the civil and criminal
cases, Summit is being held respon-
sible for its misconduct and must implement more rigorous environmental management to prevent and de-
tect future spills as a condition of probation."
"The defendant in this case failed to take adequate measures to detect a spill of oil-contaminated water from
their pipeline and provided incomplete and misleading information to government officials on the duration
and volume of the spill," said Acting Assistant Administrator Larry Starfield of the EPA's Office of the Enforce-
ment and Compliance Assurance. "Investigations revealed that the spill occurred over 143 days and released
more than 29 million gallons of contaminated waters into the environment, including tributaries of the Mis-
souri River. This case sends a clear message that EPA and our law enforcement partners will hold responsible
companies that fail to take appropriate steps to detect and prevent spills."
A detailed statement of facts has been filed in court and is publicly available here. According to the factual
admission agreed to by the company, "Summit's negligence included the design, construction and operation
of the Marmon Water Gathering System pipeline, as well as the negligent failure to find and stop the spill
after learning of objective signs of a leak." Summit started pipeline operations without meters at both ends
of the pipeline to conduct "line balancing" or otherwise having a reliable leak detection system in place.
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Sentencings
"Even after the company learned of major drops in pressure and volume - objective signs of a leak - the
company negligently continued operations and thus caused millions of additional gallons to be discharged
into U.S. waters without learning the cause or pausing operations," according to the joint factual statement.
The criminal fine is in addition to a $20 million civil penalty imposed on Summit Midstream Partners LLC and
a related company, Meadowlark Midstream Company LLC, to resolve civil violations of the Clean Water Act
and North Dakota water pollution control laws. On Sept. 28, the civil consent decree was approved by the
U.S. District Court for the District of North Dakota.
The criminal investigation was conducted by EPA's Criminal Investigation Division. EPA's Office of Enforce-
ment and Compliance Assurance, EPA Region 8, the North Dakota Department of Environmental Quality, the
North Dakota Industrial Commission, the U.S. Fish and Wildlife Service, the U.S. Department of Interior and
the North Dakota Department of Game and Fish provided assistance to the criminal investigation.
The criminal case was prosecuted by Senior Litigation Counsel Richard A. Udell, Senior Trial Attorney Christo-
pher J. Costantini, Trial Attorneys Stephen J. Foster and Erica H. Pencak of the Environmental Crimes Section
of the Department of Justice's Environment and Natural Resource Division and Assistant U.S. Attorney Gary
Delorme.
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Sentencings
Guam-Based Businessman Sentenced for Selling Illegal Products Claiming to Protect Against
Viruses
On November 30, 2021, the U.S. Attorney for the Districts of Guam and the Northern Mariana Islands, an-
nounced that defendant Kwong Yau Lam, age 67, a citizen of Hong Kong and U.S. permanent resident of
Guam, was sentenced in the U.S. District Court of Guam to one year probation for Distribution and Sale of an
Unregistered Pesticide, and Conspiracy to Distribute and Sell an Unregistered Pesticide. The Court also or-
dered a mandatory $150.00 special assessment fee.
Beginning in March 2020, Kwong Yau Lam sold products market-
ed as "Virus Shut Out Cards" that were not registered and author-
ized by the United States Environmental Protection Agency
(EPA). Upon hanging a card from a lanyard, it purportedly pro-
tected the consumer from viruses. On the contrary, it offered no
proven protection from viruses, including COVID-19.
Lam sold 100 Virus Shut Out Cards to three merchants in Guam
and told them that the product protected people from virus-
es. Lam ordered three more boxes containing 900 pieces from his
relative in Hong Kong. U.S. Customs and Border Protection in
Honolulu, Hawaii, seized two boxes from that order. After the
seizure, agents with Homeland Security Investigations inter-
viewed Lam. He told the agents that he did not get approval from
any government agency to import the Virus Shut Out Cards from
Hong Kong, and that he had not sold any cards in Guam. Lam lied
when he made this statement because evidence showed that he
sold the cards to merchants.
"This case is another shocking example of a false claim made to consumers during the initial stages of the
pandemic," said U.S. Attorney Anderson. "The defendant preyed upon consumers who were justifiably con-
cerned for their persona! health and safety due to COVID-19. This was made worse by the potential harmful
effects of the product itself."
"Public safety is a top priority for Homeland Security Investigations," said Special Agent in Charge John F. To-
bon. "We will continue to pursue those who rob and hurt the people in our communities and make sure they
are held accountable for exploiting a pandemic for profit."
"Unregistered pesticide products that make fraudulent COVID-19 protection claims pose serious public
health dangers," said Special Agent in Charge Scot Adair of EPA's criminal enforcement program in Guam.
The sentencing demonstrates that EPA and our law enforcement partners are committed to protecting the
American people from harmful products."
Under Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the EPA regulates the production, sale, dis-
tribution and use of pesticides in the United States. A pesticide is any substance intended for preventing, de-
stroying, repelling, or mitigating any pest, which includes viruses. Pesticides must be registered with the EPA.
made in japan

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Sentencings
Toamit Virus Shut Out was not registered, and it is illegal to distribute or sell unregistered pesticides. Lam
imported the pesticide from China and later sold it to individuals in Guam.
This case was a joint investigation led by the U.S. Department of Homeland Security, Homeland Security
Investigations in conjunction with U.S. Customs & Border Protection, U.S. Postal Inspection Service, Federal
Bureau of Investigation, U.S. Environmental Protection Agency, Guam Customs & Quarantine Agency, and the
Guam Environmental Protection Agency. The prosecution of this case was handled by the Assistant U.S.
Attorney for the District of Guam.
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Sentencings
Former Sioux City, Iowa Council Member Sentenced in Federal Court for Environmental
Crimes
On November 9, 2021, Aaron Rochester, 47, from Sioux City, Iowa, was sentenced, Rochester pled guilty on
March 19, 2021, to one count of unlawful storage of hazardous waste and one count of transportation of
hazardous waste.
At various court hearings, evidence
showed that from June 2015
through about January 2017, Roch-
ester, as owner and operator of Re-
cycletronics, knowingly and unlaw-
fully stored and transported haz-
ardous waste, namely CRTs
(cathode ray tubes) and leaded
glass from televisions and comput-
ers at various facilities in and
around Sioux City, Iowa.
Sentencing was held before United
States District Court Chief Judge
Leonard T. Strand. Rochester was
sentenced to three years' proba-
tion, fined $4,055,978.64, and must
serve a term of three years of su-
pervised release.
"Rochester's disregard for the
laws governing proper hazardous
waste transportation arid storage
posed significant risks to nearby
communities," said Special Agent
in Charge Lance Ehrig of EPA's
criminal enforcement program in
Iowa. "The sentencing demon-
strates that EPA and our law en-
forcement partners are com-
mitted to enforcing laws designed
to protect human health and the
environment."
The case was investigated by EPA's Criminal Investigation Division. Prosecution was handled by a DOJ Litiga-
tion team.
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Plea Agreements
Manufacturing Company in Seymour Connecticut Pleads Guilty to Violating Clean Water Act
and Agrees to Pay $2.4 Million
On December 21, 2021, Marmon Utility LLC waived its right to be indicted and pleaded guilty before a U.S.
District Judge in Bridgeport Connecticut to a felony violation of the Clean Water Act for knowingly failing to
properly operate and maintain the industrial wastewater treatment system and sludge-processing equip-
ment at the Kerite Power Cable & Pump Cable factory located at 49 Day Street in Seymour, Connecti-
cut. Marmon Utility LLC ("Marmon"), a subsidiary of Berkshire Hathaway, owns and operates the factory.
Under the terms of its plea agreement, if accepted by the court, Marmon will be under federal probation for
three years and must pay $2.4 million to the government: $800,000 as a federal penalty and $1.6 million to
fund a Supplemental Environmental Project administered by the Connecticut Department of Energy and Envi-
ronmental Protection ("CT DEEP") to remediate the Naugatuck River.
According to court documents and statements made in court, the Kerite Power Cable & Pump Cable
("Kerite") factory in Seymour manufactures large power cables and generates industrial wastewater contain-
ing heavy metals such as lead and zinc. Under its 2015 CT DEEP permit, Marmon was required to properly
operate and maintain the wastewater treatment system at the factory to reduce the heavy-metal content by
chemical precipitation before the wastewater could be discharged to the sewage treatment plant.
The investigation revealed that Marmon had been cutting back on its environmental compliance program for
many years, and had not had an employee with an environmental background running its wastewater treat-
ment system since February 2004. When the operator of the wastewater treatment system became ill in
March 2016, Marmon ran the system for approximately five months with maintenance employees who
lacked environmental training and training on the treatment system.
On September 7 and 8, 2016, the superintendent of the Seymour treatment plant observed unusual, rusty
brown wastewater flowing into the plant and notified CT DEEP. This rusty brown influent was interfering
with the decomposition of the sewage. The superintendent took samples and determined that the lead con-
centration of the rusty brown influent was approximately 127 times greater than the plant's normal lead
measurement, and that its zinc concentration was over 10 times the typical zinc concentration. During the
next several days, the superintendent had to order several truckloads of biologic microorganisms to break
down the unprocessed sewage. It took two weeks for the treatment plant to return to usual operational ca-
pacity.
On September 27 and 29, 2016, CT DEEP and the plant superintendent inspected Marmon's Kerite facility
and concluded that it had discharged the rusty brown influent with the high lead and zinc concentrations on
September 7, 8, and 9, 2016. CT DEEP issued a Notice of Violation to Marmon based on, among other evi-
dence:
The Marmon facility manager's statements (1) that the wastewater treatment operator had not been at the
facility since the end of March 2016 due to medical reasons; (2) that no sludge had been processed in the fil-
ter press since this employee's departure; and (3) no other Marmon employee had been trained to process
sludge as required under the CT DEEP permit.
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Plea Agreements
The Kerite factory had discharged 5,725 gallons of industrial wastewater on September 7, 2016, and 5,225
gallons on September 8, 2016, which exceeded the daily discharge limit in Marmon's CT DEEP permit.
The lead concentration in water samples taken from Marmon's final discharge tank, which flows to the Sey-
mour sewage treatment plant, was 69 times greater than the permissible limit in Marmon's CT DEEP per-
mit. The zinc concentration was 8.5 times greater than the prescribed limit.
The EPA's investigation further disclosed that from at least April 24, 2016, and until September 29, 2016, the
Marmon maintenance employees operating the wastewater treatment system did not know how to check
and maintain the pH probe, operate the sludge filter press, check or change certain filters. These were all key
components of the treatment system used to remove heavy metals from the factory's industrial wastewater.
These employees also did not have access to detailed manuals for operating the system.
In fact, these Marmon employees informed investigators that, during this time period, when certain tanks
became full and the system was imbalanced, they would empty the tank by opening certain valves to dis-
charge the industrial wastewater without treating it. As of mid-October 2016, the 3,000-gallon holding tank
in Marmon's wastewater treatment system held 1,000 gallons of sludge.
In addition to not properly operating and maintaining the wastewater treatment system and sludge-
processing equipment at the Seymour factory, Marmon has also admitted to knowingly exceeding its maxi-
mum daily discharge limit in its CT DEEP permit on September 7 and 8, 2016, knowingly failing to notify CT
DEEP promptly of the improper bypass, and that it had stopped processing the sludge using a sludge filter
press as required under the CT DEEP permit.
"Any company operating a factory in Connecticut that ignores federal and state environmental laws does so
at its own peril," said Acting U.S. Attorney Boyle. "Marmon failed to properly operate its industrial
wastewater treatment system, thereby allowing unacceptably high levels of lead and zinc in its factory
wastewater to flow to the Seymour sewage treatment plant - nearly knocking it offline. Although Marmon
once had a robust environmental program, the company gradually eliminated its environmental compliance
department and reassigned these duties to maintenance workers with minimal training. The prosecution un-
der the CWA is the direct result of Marmon's penny-wise, pound-foolish approach. We recognize and thank
the EPA and CT DEEP for their invaluable work in protecting the environmental integrity of Connecticut's riv-
ers and the Long Island Sound."
"A town's publicly owned wastewater treatment plant disinfects incoming wastewater from industry so clean
water can be safely returned to our creeks, rivers, and lakes," explained Special Agent in Charge Tyler Amon
with EPA's Criminal Investigation Division for New England. "The criminal conduct of Marmon Utility compro-
mised Seymour's operations and the company simply did not play by the rules. The criminal pleading
demonstrates again the U.S. Attorney's Office and EPA's commitment to protecting Connecticut's environ-
ment."
"By disinvesting in environmental management and the proper operation and maintaining of its wastewater
pretreatment systems, Marmon's conduct compromised the Town of Seymour's Publicly Owned Treatment
Works' ability to properly treat all the wastewaters it receives from its community and protect the quality of
the Naugatuck River for fishing and swimming, " DEEP Commissioner Katie Dykes said. "This action sends a
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Plea Agreements
clear message - everyone has a role in protecting public health and our environment and there are signifi-
cant consequences for not obeying our environmental laws and regulations. Funds that will be provided to
DEEP as a result of the proposed settlement of this case will strengthen programs that preserve and improve
the quality of the Naugatuck River and its aquatic ecosystem. This settlement was achieved through a strong
partnership of the DEEP, the EPA and the U.S. Attorney's Office. DEEP is proud to have played a part in this
effort."
This Clean Water Act offense carries a fine of not less than $5,000 but not more than $50,000 per day of the
violation. Sentencing is scheduled for April 7, 2022.
This matter was investigated by EPA's Criminal Investigation Division and the Connecticut Department of En-
ergy and Environmental Protection. The case is being prosecuted by a joint DOJ/Connecticut Attorney Gen-
eral litigation team.
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Plea Agreements
North Carolina E-Waste Business Owner Pleads Guilty to Unlawfully Storing Hazardous
Waste
On November 18, 2021, Lee Vann Crawford pleaded guilty to Knowing Storage of Hazardous Waste Without a
Permit.
According to the Criminal Information, and information provided in open court, Crawford, 51, of Greenville,
North Carolina, owned and operated Eastern Electronics Recycling, USA in eastern North Carolina. Eastern
Electronics was a company that purported to be engaged in the responsible collection and disposal of e-
waste, such as televisions, computer monitors, and other electronic equipment.
Old televisions and computer monitors contain cathode ray tubes (CRTs) which, when improperly maintained
and stored, can release toxic levels of lead. Waste
containing lead content of five milligrams per liter
is considered "hazardous waste."
As early as 2012, Crawford began collecting and
storing large volumes of e-waste, including large
amounts of CRTs, at 800 W. Green Street in Rob-
ersonville, NC, within Martin County. Much of the
waste at this location had been scrapped or other-
wise broken down into smaller parts. CRTs had
also been shattered, releasing lead. Crawford did
not obtain or maintain a permit from the United
States Environmental Protection Agency (EPA), or
from the State of North Carolina, to store the CRTs
at this location. Crawford also did not recycle or
otherwise properly dispose of the CRTs.
In June of 2019, the EPA executed a search warrant at Crawford's storage location found a large quantity of
shattered CRTs. Samples of waste were extracted from various locations on the property, yielding findings of
hazardous amounts of lead — 102 to 188 milligrams per liter.
The maximum punishment for Knowing Storage of Hazardous Waste Without a Permit is up to 5 years in pris-
on and a fine of up to $50,000 per day of the violation. The sentencing for the Crawford is scheduled to oc-
cur in February of 2022.
"The illegal storage and disposal of Cathode Ray Tube waste (CRT) containing hazardous amounts of Lead
contamination needlessly put the lives of the resident of Martin County, NC, and general public at an in-
creased risk to Lead exposure," said Special Agent in Charge Charles Carfagno of EPA's Criminal Investigation
Division in Atlanta, GA. "The plea agreement related to that illegal activity demonstrates that anyone who
intentionally violates the law and puts the public at risk will be held responsible for their actions."
The investigation was conducted by EPA's Criminal Investigative Division and the North Carolina State Bureau
of Investigation. Case prosecution is being handled by a DOJ litigation team.
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Kentucky Man Pleads Guilty to Discharging Oil in Violation of Clean Water Act
On November 10, 2021, John Affourtit, 65, of Shelby County, Kentucky, pleaded guilty to knowingly discharg-
ing a harmful quantity of oil into a waterway of the United States.
According to his plea agreement, beginning in March 2017, Affourtit signed an agreement with a company to
remove and dispose of the waste material at the company's abandoned zinc plating facility. In completing
the contract, Affourtit admitted to pumping oil waste from the machinery pits into a large 500-gallon water
trailer that he had rented. He then took the trailer to his residential property in Shelby County where he dis-
charged it, and it went into a creek that ran through his property. The creek is a perennial stream that flows
into waters that are part of the Salt River, a traditional navigable waterway. Affourtit had also disposed of
other waste materials, including a container of hazardous waste, from the zinc plating facility on his property
in an earthen berm.
Affourtit was indicted in August 2020.
"After agreeing to properly dispose of hazardous materials, the defendant instead chose to endanger the en-
vironment and the people that live nearby," said Carlton S. Shier, IV, Acting United States Attorney for the
Eastern District of Kentucky. "Dangerous choices like this have consequences and the defendant must now
face those. We appreciate the dedicated work of our law enforcement partners, whose efforts make this
prosecution possible.
"The defendant's willful disregard of the Clean Water Act put nearby residents and the environment at un-
necessary risk," said Special Agent in Charge Charles Carfagno of EPA's Criminal Investigation Division in At-
lanta. "EPA will continue to hold accountable those that choose to deliberately violate our environmental
laws."
Acting U.S. Attorney Shier; Special Agent in Charge Carfagno; and Anthony R. Hatton, Commissioner, Ken-
tucky Department of Environmental Protection, jointly announced the guilty plea.
Affourtit is scheduled to be sentenced on February 17, 2022 at 3:30 p.m. He faces a maximum of three years
in prison and a fine of not more than $250,000. However, any sentence will be imposed by the Court, after
its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
The investigation was conducted by EPA's Criminal Investigation Division and the Kentucky Department of
Environmental Protection. Case prosecution was handled by a DOJ litigation team.
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Monsanto Agrees to Plead Guilty to Illegally Using Pesticide at Corn Growing Fields in
Hawaii
Also Agrees to Pay Additional $12 Million and Plead Guilty to Felony Offenses Related to Previous Banned Pes-
ticide Alleged in $10 Million Deferred Prosecution Agreement
In court documents filed on December 9, 2021, in Hawaii, Monsanto Company agreed to plead guilty to 30
environmental crimes related to the use of a pesticide on corn fields in Hawaii, and the company further
agreed to plead guilty to two other charges related to the storage of a banned pesticide that were the sub-
ject of a 2019 Deferred Prosecution Agreement (DPA).
Monsanto admitted in a plea agreement that it committed 30 misdemeanor crimes related to the use of a
glufosinate ammonium-based product sold under the brand name Forfeit 280. After using the product in
2020 on corn fields on Oahu, Monsanto allowed workers to enter the fields during a six-day "restricted-entry
interval" (REI) after the product was applied.
The plea agreement calls for Monsanto to serve three years of probation, pay a total of $12 million and con-
tinue for another three years a comprehensive environmental compliance program that includes third-party
auditor.
As a result of the conduct in which Monsanto allowed workers on 30 occasions to enter fields sprayed with
Forfeit 280 during the REI, the company violated a 2019 DPA related to the storage of a banned pesticide.
According to the documents filed, Monsanto will plead guilty to two felony charges filed in 2019 that the gov-
ernment would have dismissed if the company had complied with federal law. In conjunction with the DPA
related to the two felony charges of illegally storing an acute hazardous waste, Monsanto pleaded guilty in
early 2020 to a misdemeanor offense of unlawfully spraying a banned pesticide - specifically methyl parathi-
on, the active ingredient in Penncap-M - on research crops at one of its facilities on Maui.
"Monsanto is a serial violator of federal environmental laws," said United States Attorney Tracy L. Wilkison.
"The company repeatedly violated laws related to highly regulated chemicals, exposing people to pesticides
that can cause serious health problems."
"The defendant in this case failed to follow regulations governing the storage of hazardous wastes and the
application of pesticides, putting people and the environment at risk," said Scot Adair, Special Agent in
Charge of the Environmental Protection Agency's criminal enforcement program in Hawaii. "The plea agree-
ment shows that EPA will hold responsible those who violate laws designed to protect communities from ex-
posure to hazardous chemicals."
In the new case filed , Monsanto admitted that "due to a lack of oversight and supervision by Monsanto," its
workers violated a change to the REI period after the spraying of Forfeit 280 "by entering the fields 30 times
to perform field-corn scouting within six days of spraying." ("Corn scouting" consists of checking the corn for
things such as weeds, insects and disease.) The REI change for Forfeit 280 - which was extended from 12
hours to six days - was part of an industry-wide change for products containing glufosinate ammonium
prompted by an EPA decision in late 2016.
Monsanto admitted that it violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which
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Plea Agreements
regulates the registration, sale, distribution and use of pesticides, by failing to comply with Forfeit 280's la-
beling. The label for Forfeit 280 stated: "It is a violation of Federal law to use Forfeit 280 in a manner incon-
sistent with its label." Monsanto illegally used Forfeit 280 on Oahu facilities known as Lower Kunia and Halei-
wa.
In the 2019 case related to Penncap-M, Monsanto pleaded guilty to a misdemeanor offense of unlawfully
spraying the banned pesticide on corn seed and research crops at its Valley Farm facility on Maui in 2014.
Monsanto admitted using Penncap-M in violation of FIFRA, even though the company knew its use was pro-
hibited after 2013 pursuant to a "cancellation order" issued by the EPA. The company further admitted that,
after the 2014 spraying, it told employees to re-enter the sprayed fields seven days later - even though Mon-
santo knew that workers should have been prohibited from entering the area for 31 days.
The felony offenses covered by the DPA - the two charges to which Monsanto will plead guilty - are the un-
lawful storage of an acute hazardous waste in violation of the Resource Conservation and Recovery Act
(RCRA). Penncap-M was a "restricted use pesticide" that could not be purchased or used by the public, and it
could only be used by a certified applicator because of the possible adverse effects to the environment and
injury to applicators or bystanders that could result.
From March 2013 through August 2014, even though the pesticide was on the company's lists of chemicals
that needed disposal, Monsanto stored 160 pounds of Penncap-M hazardous waste at a facility on Molokai,
which made Monsanto a "Large Quantity Generator" of hazardous waste under RCRA. "Monsanto knew that
Penncap-M had the substantial potential to be harmful to others and to the environment," it admitted in the
documents filed.
In addition to spraying the banned pesticide at one of its three facilities on Maui, Monsanto also stored a to-
tal of 111 gallons of Penncap-M at Valley Farm and two other sites known as Maalaea and Piilani. Just like on
Molokai, the storage of Penncap-M at the three Maui sites made Monsanto a "Large Quantity Generator" of
acute hazardous waste at the three locations, according to court documents.
Furthermore, when it transported Penncap-M to its Valley Farm site in 2014, the company violated federal
law when it failed to use a proper shipping manifest to identify the hazardous material and when it failed to
obtain a permit to accept hazardous waste at that site.
In relation to the DPA and the prior guilty plea, Monsanto paid $10.2 million - a $6 million criminal fine under
the DPA, a $200,000 fine for the FIFRA offense, and $4 million in community service payments to Hawaiian
government entities.
In the plea agreement filed on December 9, 2021, Monsanto agreed to pay another $6 million criminal fine,
as well as an addition $6 million in community service payments. Four Hawaiian agencies will receive $1.5
million payments:
• The Department of Agriculture, Pesticide Use Revolving Fund - Pesticide Disposal Program/Pesticide
Safety Training;
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Plea Agreements
•	The Department of the Attorney General, Criminal Justice/Investigations Division;
•	The Department of Health, Environmental Management Division, to support environmental-health pro-
grams; and
•	The Department of Land and Natural Resources, Division of Aquatic Resources.
As a result of the two actions taken by the Justice Department, Monsanto has agreed to pay a total of $22.2
million for the two RCRA felonies and the 31 FIFRA misdemeanor offenses.
Monsanto has agreed to have representatives appear in United States District Court in the near future to en-
ter guilty pleas to a total of 32 offenses. The sentence detailed in the court documents are subject to the ap-
proval of United States District Judge J. Michael Seabright.
This case is the result of an investigation by EPA's Criminal Investigation Division.
This matter is being prosecuted by a litigation team in DOJ's Environmental and Community Safety Crimes
Section. In this case, these prosecutors are acting as special attorneys appointed by the Attorney General
pursuant to 28 U.S.C. § 515. The United States Attorney's Office for the District of Hawaii was recused from
the investigation.
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Plea Agreements
Filibuster Distillery and Sid Dilawri Plead Guilty to 40 Counts of Violating Virginia's State
Water Control Law and Agree to Pay $700,000 in Penalties
Following charges brought by Attorney General Mark R. Herring and the Virginia Department of Environmen-
tal Equality (DEQ), Filibuster Distillery, LLC (Filibuster), Filibuster Barrels, LLC, and Sid Dilawri pled guilty on
November 5, 2021, to 40 counts of violating Virginia's State Water Control Law for dumping over 40,000 gal-
lons of industrial waste and discharging cooling water outside of the terms of their permit into a stream in
Shenandoah County. Collectively, the two corporations and Dilawri have agreed to pay a $700,000 penalty, a
majority of which will be redirected back into the Shenandoah County community through education and in-
frastructure support.
As part of the agreement, Filibuster agrees to maintain compliance at the distillery and invest in equipment
upgrades to prevent future environmental impacts. These guilty pleas are the first criminal pleas related to
environmental violations brought by the Office of the Attorney General and DEQ and came after a multiyear
investigation conducted by the U.S. Environmental Protection Agency, the Shenandoah County Fire Marshal,
and DEQ into Filibuster.
"Filibuster Distillery illegally dumped tens of thousands of gal-
lons of industrial waste into a stream, not only violating state
environmental protection laws, but also putting the health of
its community at serious risk," said Attorney General Her-
ring. "All Virginia businesses both big and small must abide by
state and federal environmental protections, and if they fail to
do so I will make sure they are held accountable. I want to
thank the Shenandoah Fire Marshal and DEQ for their partner-
ship on this case and their continued dedication to protecting
our environment."
"DEQ takes our mission to protect the environment very seri-
ously, and this case demonstrates that mission in action," said DEQ Director David Paylor. "OAG's prosecu-
tion of this case not only led to directing funds back into the impacted community, but sent a strong message
that environmental crimes will not be tolerated."
EPA's Criminal Investigation Division jointly investigated this matter with the Vir-
ginia Department of Environmental Quality.
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Trials and Settlements
Former Greenfield Township, Pennsylvania Sewer Authority Manager Found Guilty Of Clean
Water Act Violations And Wire Fraud
The United States Attorney's Office for the Middle District of Pennsylvania announced that Bruce Evans, Sr.,
age 68, and Bruce Evans, Jr., age 40, both of Greenfield Township, were found guilty on December 17, 2021,
after trial of multiple counts of Clean Water Act violations that occurred at the Greenfield Township
wastewater treatment plant beginning in 2013 through 2017. Evans, Sr. was also found guilty of multiple
counts of wire fraud and obstruction of correspondence. The trial took place before United States District
Court Judge Malachy E. Mannion.
According to United States Attorney John C. Gurganus, Evans, Sr. and Evans, Jr. knowingly failed to operate
and maintain the municipality's wastewater treatment plant in accordance with regulations and limitations
specified in a permit issued by the Pennsylvania Department of Environmental Protection (PADEP) and the
United States Environmental Protections Agency (EPA). The permit requires that the permittee at all times
maintain in good working order, and properly operate and maintain all facilities and systems, which were in-
stalled and used by the permittee to achieve compliance with the terms and conditions of the permits. As a
result of the defendants' failures, pollutants were discharged in violation of the permit on multiple occa-
sions.
Prosecutors from the U.S. Attorney's Office and the EPA presented testimony from 34 witnesses over the
course of a trial that began on November 15, 2021 and ended on December 17, 2021. Witnesses included
Greenfield Township Sewer Authority (GTSA) board members, Greenfield Township Supervisors, FBI and EPA
Special Agents, and multiple PADEP inspectors and supervisors.
Throughout the time covered by the charges, Evans, Sr. was a Greenfield Township Supervisor, a Greenfield
Township employee, a GTSA Board Member, and Manager of the GTSA. Evans, Jr. was an employee of
Greenfield Township and the GTSA. Evans, Sr. was convicted of twenty (20) counts of Clean Water Act viola-
tions; four (4) counts of wire fraud involving the misappropriation of GTSA funds for his personal benefit and
the benefit of his family; and four (4) counts of obstruction of PADEP certified mail addressed to his fellow
GTSA board members but intercepted by Evans, Sr. Evans, Jr. was convicted of four (4) counts of Clean Water
Act violations, and one (1) count of submitting a false statement to the PADEP related to representations and
certifications made by Evans, Jr. regarding his professional work experience.
The evidence presented at trial established that after many years of permit non-compliance at the GTSA, the
EPA and FBI initiated a criminal investigation in late 2013, which involved the use of covert cameras posi-
tioned to surveil activity at the actual GTSA facility and a pump station located on Route 106 in Greenfield
Township. The investigation uncovered repeated warnings about deficient facility inspections, permit non-
compliance, community complaints about foul odors and visible raw sewage routinely overflowing from the
Route 106 pump station, and false statements reported to the PADEP by both Evans Sr. and Evans, Jr. It was
also learned that information concerning deficient plant operations and clean water act violations was rou-
tinely conveyed directly to Evans, Sr. as the GTSA's responsible corporate officer from the PADEP, but Evans,
Sr. concealed that information from his fellow GTSA board members over a period of many years.
The maximum penalty under federal law for wire fraud is 20 years' imprisonment, a term of supervised re-
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Trials and Settlements
lease following imprisonment, and a fine. The Obstruction of Correspondence violations carry a maximum of
5 years imprisonment. The Clean Water Act violations carry a maximum of 3 years imprisonment. Under the
Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, includ-
ing the nature, circumstances and seriousness of the offense; the history and characteristics of the defend-
ant; and the need to punish the defendant, protect the public and provide for the defendant's educational,
vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an
accurate indicator of the potential sentence for a specific defendant.
The investigation was jointly conducted by EPA's Criminal Investigations Division, the FBI, and the Pennsylva-
nia Department of Environmental Protection - Northeast Region. Prosecution is being handled by a DOJ liti-
gation team.
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Trials and Settlements
Seattle Barrel Reconditioning Company and Owner Convicted of 10-Year Water Pollution
Scheme
On December 23, 2021, following a three-week jury trial, Seattle Barrel and Cooperage Company, and its
owner, Louie Sanft, 55, were convicted of conspiracy, making false statements, and 33 Clean Water Act viola-
tions. EPA Investigators documented a conspiracy to illegally dump caustic waste into the King County sewer
system, which ultimately empties into Puget Sound. The company used a hidden drain, and over ten years,
lied to regulators to carry out their illegal dumping. Sentencing for Sanft and the company is scheduled in
front of U.S. District Judge Richard A. Jones on March 25, 2022.
"While publicly claiming to follow environmental best practices, in private the company was illegally sending
thousands of gallons of caustic wastewater into the sewer system," said U.S. Attorney Nick Brown. "The
highly corrosive wastewater can damage equipment that cleans wastewater, and further pollutes our fragile
Puget Sound. I commend the investigators with EPA and King County, who uncovered this conspiracy and
our team who successfully held Mr. Sanft and the company accountable."
Seattle Barrel's business involves collecting used industrial and commercial drums and reconditioning and
reselling them. Part of the reconditioning process involved washing the barrels in a highly-corrosive chemical
solution. The caustic solution had a very high pH level. According to the indictment, since at least 2009, Se-
attle Barrel has operated under a discharge permit that prohibits it from dumping effluent with a pH exceed-
ing 12 to the sewer system. Effluent above pH 12 will corrode the sewer system and treatment plant, and
potentially cause pass-through pollution to Elliott Bay and Puget Sound.
In 2013, King County conducted covert monitoring of Seattle Barrel, and discovered the company was illegally
dumping effluent with a pH above 12 in violation of its permit. King County fined the company $55,250, but
later agreed to reduce the fine when Seattle Barrel installed a pretreatment system for its wastewater. Be-
ginning in 2016, Louie Sanft represented to King County in written monthly certifications that the company
had become a "zero discharge" facility and was not discharging any industrial wastewater to the sewer.
In fact, in 2018 and 2019, additional covert monitoring by the EPA inspectors revealed that Seattle Barrel was
continuing to routinely dump wastewater with a pH above 12 into the sewer system despite telling local reg-
ulators that no industrial wastewater was being discharged. Agents then installed real-time monitoring
equipment that allowed them to determine when the dumping was taking place and obtained a search war-
rant.
Early on the morning of March 8, 2019, the covert monitors indicated Seattle Barrel was dumping high-pH
material into the sewer. Agents immediately executed the warrant and entered the building. Inside, they
discovered a portable pump on the floor near the tank of caustic solution. They then discovered that the
pump was being used to pump solution to a nearby hidden drain that had never been disclosed to King Coun-
ty. The drain led directly to the sewer system. The company claims that since mid-2019, following the crimi-
nal conduct in this case, it no longer uses the caustic solution.
Louie Sanft, the owner and operator of Seattle Barrel, was convicted of conspiracy, 29 violations of the Clean
Water Act for discharging pollutants to the sewer, four counts of submission of False Clean Water Act Certifi-
cations and making a false statement to EPA Special Agents. Louie Sanft faces up to 5 years in prison on the
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Trials and Settlements
conspiracy and false statement counts, and up to three years in prison for each violation of the Clean Water
Act. His cousin, John Sanft, 53, of Issaquah, WA, the plant manager, is scheduled for a separate trial on the
charges in March 2022.
U.S. District Judge Richard A. Jones will determine the sentence after considering the U.S. Sentencing Guide-
lines and other statutory factors.
The case was investigated by EPA's Criminal Investigation Division with significant assistance from King Coun-
ty Industrial Waste. The case is being prosecuted by a joint DOJ/EPA litigation team.
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Indictments/Information
Three Companies Face Charges of Negligent Conduct During Offshore Oil Leak that Dam-
aged Southern California Coastline
On December 15, 2021, a federal grand jury accused three companies with illegally discharging oil during a
pipeline break in early October by acting negligently in at least six ways, including failing to properly respond
to eight separate leak alarms over the span of more than 13 hours and improperly restarting the pipeline
that had been shut down following the leak alarms.
The indictment charges the companies that own and operate the 17-mile-long San Pedro Bay Pipeline with
one misdemeanor count of negligent discharge of oil. The charged defendants are Amplify Energy Corp.; Beta
Operating Co. LLC (a wholly owned subsidiary of Amplify doing business as Beta Offshore); and San Pedro Bay
Pipeline Co. (a wholly owned subsidiary of Amplify).
The pipeline, which was used to transfer crude oil from several offshore facilities to a processing plant in
Long Beach, began leaking on the afternoon of October 1, but the defendants allegedly continued to operate
the damaged pipeline, on and off, until the next morning. As a result of the allegedly negligent conduct, what
is estimated to be about 25,000 gallons of crude oil were discharged from a point approximately 4.7 miles
west of Huntington Beach from a crack in the 16-inch pipeline.
The indictment alleges that the defendants acted negligently by:
•	Failing to properly respond to eight alarms from an automated leak detection system that were activated
between 4:10 p.m. on October 1 until the final alarm at 5:28 a.m. the following day;
•	Shutting down and then restarting the pipeline five times after the first five alarms were triggered on Oc-
tober 1, resulting in oil flowing through the damaged pipeline for a cumulative period of more than three
hours;
•	Despite the sixth and seventh alarms, pumping oil for three additional hours late on October 1 into the
early morning hours of October 2 while a manual leak test was performed;
•	Despite the eighth alarm, operating the pipeline for nearly one hour in the predawn hours of October 2
after a boat they contacted failed to see discharged oil in the middle of the night;
•	Operating the pipeline with crewmembers who had not been sufficiently trained on the automated leak
detection system; and
•	Operating the pipeline with an understaffed and fatigued crew.
For a corporate defendant, the charge of negligently discharging oil carries a statutory maximum penalty of
five years of probation, as well as fines that potentially could total millions of dollars.
The case is being investigated by EPA's Criminal Investigation Division, The Coast Guard Investigative Service;
the U.S. Department of Transportation, Office of Inspector General; and the FBI. The case is being prosecut-
ed by a DOJ litigation team.
An indictment is merely an accusation that a defendant has committed a crime. Every defendant is presumed innocent until
and unless proven guilty beyond a reasonable doubt.
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Indictments/Information
Pennsylvania Farmer and Employee Charged with Using Toxic Pesticide to Kill Migratory
Birds
On November 8, 2021, two residents of western Pennsylvania were charged with offenses related to the un-
lawful killing of migratory birds. The three-count Information filed in federal court named Robert Yost, 50, of
New Galilee, PA, and Jacob Reese, 25, of Enon Valley, PA, as defendants.
According to the Information, Yost operated Yost Farms in Beaver County, PA. In June 2020, Yost and one of
his employees, Reese, allegedly conspired to kill migratory birds present on leased farmland operated by Yost
Farms, using carbofuran, a registered restricted-use pesticide. As alleged, the Environmental Protection
Agency concluded no later than 2009 that the dietary, worker, and ecological risks for all uses of carbofuran
were unacceptable and that all products containing carbofuran generally caused unreasonable adverse
effects on humans and the environment. According to the Information, on June 22, 2020, Yost directed Reese
to spread whole kernel corn coated in carbofuran in and around a leased field used for soybean cultivation
where children were regularly present. The tainted corn allegedly attracted protected migratory birds that
were killed within a short distance of where they ingested the corn. Yost and Reese thereafter took steps to
conceal their efforts to poison and kill migratory birds, including by destroying the feed bag containing the
carbofuran-laced whole corn kernel. In total, Yost and Reese are alleged to have killed approximately seven-
teen (17) Canada geese, ten (10) red-winged blackbirds, and one (1) mallard duck.
Yost and Reese are charged with one count of conspiracy, one count of violating the Federal Insecticide, Fun-
gicide, and Rodenticide Act, and one count of violating the Migratory Bird Treaty Act. The defendants face a
total maximum term of imprisonment of 13 months and a total fine of $31,000. The actual sentence imposed
would be based upon a consideration of statutory sentencing factors and the prior criminal history, if any, of
the defendants.
This matter was investigated by EPA's Criminal Investigation Division, the U.S. Fish and Wildlife Service -
Office of Law Enforcement, the Pennsylvania Game Commission and the Pennsylvania Department of Agricul-
ture. Prosecution is being handled by DOJ.
An indictment is merely an accusation that a defendant has committed a crime. Every defendant is presumed innocent until
and unless proven guilty beyond a reasonable doubt.
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Indictments/Information
Previously Convicted Felon Indicted for Illegally Transporting and Storing Hazardous Waste,
Falsifying a Hazardous Waste Manifest and Obstructing an Agency Proceeding
On November 5, 2021, a federal grand jury in Hawaii returned an indictment against Anthony Shane Gilstrap,
54, for violating the Resource Conservation and Recovery Act (RCRA) by transporting hazardous waste with-
out a required manifest, falsifying a hazardous waste manifest, and storing hazardous waste without a per-
mit. He is also charged with obstructing an agency proceeding. On Oct. 5, Gilstrap was indicted in the District
of Kansas for Possession of a Firearm by a Previously Convicted Felon.
In January 2017, Gilstrap, who has lived in Hawaii, Georgia and Kansas, agreed to remove drums of the RCRA-
listed hazardous waste perchloroethylene (perc) from Young Laundry & Dry Cleaning (YLD), owned by U.S.
Dry Cleaning Corp. (USDC). YLD's Regional Manager hired Gilstrap to remove the drums for $15,000, which
was less than half the price that legitimate hazardous waste disposal companies had quoted to YLD. Gilstrap
removed the drums to his warehouse, which was not a permitted storage or treatment site, without required
RCRA manifests. Furthermore, both Gilstrap and USDC produced false manifests to put the Hawaii Depart-
ment of Health (HDOH) off the trail. When an HDOH inspector later tried to locate the missing drums, Gil-
strap lied about their whereabouts. The YLD Regional Manager who hired Gilstrap has pleaded guilty before
the U.S. District Court of the District of Hawaii to causing the transportation of hazardous waste without a
manifest and received a sentence of probation.
"Perc is a dangerous toxic substance, and stashing drums of it at a cut rate price with no plan for proper final
disposal, is a gross dereliction of care and violates the law," said Assistant Attorney General Todd Kim of the
Justice Department's Environment and Natural Resources Division. "With hazardous waste, the department
will aggressively prosecute a knowing failure to do what is right."
"Hazardous waste manifests are the receipts that track how dangerous wastes are handled," said the Acting
U.S. Attorney Judith A. Philips for the District of Hawaii. "Here, their absence, and the efforts of HDOH and
EPA to close the loop, led to the accountability we see today. We will follow through and hold the defendant
to account for his illegal transportation and storage as well as his attempts to cover that up."
"The hazardous waste involved in this case posed serious public health and environmental dangers," said
Acting Assistant Administrator Larry Starfield for EPA's Office of Enforcement and Compliance Assur-
ance. "EPA and our law enforcement partners are committed to holding responsible parties accountable for
actions that put communities at risk."
Gilstrap will be scheduled for his initial court appearance before a U.S. Magistrate Judge in the U.S. District
Court for the District of Hawaii. If convicted, he faces a penalty of up to 13 years in prison. A federal district
court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory
factors.
This case was investigated by the EPA's Criminal Investigation Division. Prosecution is being handled by a DOJ
Litigation Team.
An indictment is merely an accusation that a defendant has committed a crime. Every defendant is presumed innocent until
and unless proven guilty beyond a reasonable doubt.
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EPA Bulletin: Nov—Dec 2021

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