Defendant Summary
Trials & Settlements
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.
January—February 2022
In This Edition:
Lobar, Inc.—Region 3
Kenneth Fulton (El Reno Waste Water Treatment Plant) —Region 6
Big Lake Gas, Steven Braithwaite, Adam Braithwaite—Region 6
Nebraska Railcar Cleaning Services LLC—Region 7
Signal Peak Energy—Region 8
Christopher Cox—Region 10
John Sanft (Seattle Barrel and Cooperage Co.), Electron Hydro LLC—Region 10
Thorn Fischer—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
3
Lobar, Inc.
Plea Agreement
6
Kenneth Fulton (El Reno Waste Water Treat-
ment Plant
Sentencing
6
Big Lake Gas
Plea Agreement
7
Steven Braithwaite
Adam Braithwaite
Nebraska Railcar Cleaning Services LLC
Sentencing
8
Signal Peak Energy
Sentencing
10
Christopher Cox
Sentencing
10
John Sanft (Seattle Barrel and Cooperage
Co)
Plea Agreement
10
Electron Hydro LLC
Thorn Fischer
Indictment/Information
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Sentencings
Former Project Manager of the El Reno Wastewater Treatment Plant Sentenced After
Pleading Guilty to Violating The Clean Water Act
On February 23, 2022, Kenneth Fulton, of Bartlesville Oklahoma, was sentenced after pleading guilty to know-
ingly falsifying, tampering with, and rendering inaccurate, a monitoring device and method required to be
maintained under the Clean Water Act.
On March 24, 2021, Fulton was charged by Information with violating the Clean Water Act. The Clean Water
Act was enacted by Congress to restore and maintain the chemical, physical, and biological quality of the Na-
tion's waters. In addition, the Clean Water Act was enacted to prevent, reduce and eliminate water pollution
in the United States and to conserve the waters of the United States for the protection and propagation of
fish and aquatic life and wildlife, for recreational purposes, and for the use of such waters for public drinking
water, agricultural, and industrial purposes.
The Clean Water Act prohibits the discharge of any pollutant by any person from a point source into naviga-
ble waters except in compliance with a permit issued under the National Pollutant Discharge Elimination Sys-
tem ("NPDES") by the United States Environmental Protection Agency ("EPA") or a state approved by the EPA
to administer the NPDES program. NPDES permits include conditions that will ensure compliance with the
Clean Water Act, such as effluent limitations, water-quality standards, and monitoring and reporting require-
ments. The Clean Water Act's permitting system requires individuals and companies that have been issued
NPDES permits to self-monitor and self-report whether their discharges comply with pollution limits set forth
in their permits. Permit holders must regularly collect discharge samples and test those samples for pollu-
tants that are covered by the permits. The results of these tests must be reported by the permit holder to
the EPA and/or delegated state regulatory agency on a routine basis.
In 1996, the EPA delegated authority to administer and enforce the NPDES program to the State of Oklaho-
ma. Pursuant to that delegated authority, the Oklahoma Department of Environmental Quality ("DEQ") is-
sued a permit to the City of El Reno in 2015 that authorized the El Reno Wastewater Treatment Plant
("WWTP") to discharge properly treated municipal and industrial wastewater into the North Canadian River,
a water of the United States. The permit set limits upon the levels of concentration for various pollutants be-
ing discharged into the North Canadian River, including total suspended solids, ammonia, and E. coli, which
are "pollutants" within the meaning of the Clean Water Act. The permit also established specific monitoring
requirements for each pollutant.
In 2017, the City of El Reno hired Veolia North America, LLC ("Veolia") to operate the El Reno WWTP. Fulton
was employed by Veolia as the Project Manager of the El Reno WWTP. His duties included overall manage-
ment and supervision of the operations at the El Reno WWTP.
Fulton admitted that between September 2019 and February 2020, he employed fraudulent testing and re-
porting procedures at the El Reno WWTP that were designed to deceive the EPA and the Oklahoma
DEQ. Specifically, Fulton would collect grab (individual) samples of treated wastewater from near the El Reno
WWTP effluent discharge point to have the wastewater analyzed for the presence of E. coli. Fulton would
mix the grab sample with a bleach/water mixture and then let the mixture sit for longer than the maximum
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Sentencings
holding time to allow the bleach to effectively kill off or significantly reduce the amount of E. coli present in
the sample. Fulton would then pour out half of the contents of the bleached and diluted wastewater sample
before adding deionized water to help neutralize the sample and hide the presence of bleach. Fulton then
transferred the sample contents into an official plastic container provided by the certified laboratory. Fulton
would then seal the container and provide it to the laboratory for analysis.
Fulton submitted the fraudulent samples to the laboratory knowing that the laboratory would only detect
levels of E. coli well below the approved limits in the permit. Fulton would then report the laboratory results
to the EPA and the Oklahoma DEQ on the false premise that the test results were representative of the El
Reno WWTP's treated wastewater with respect to E.coli.
At the hearing, United States District Judge Charles Goodwin sentenced Fulton to 2 years of probation and a
$10,000 fine.
"Cutting corners and falsifying tests potentially exposed citizens and the environment to harmful contami-
nants," said U.S. Attorney Troester. "This case should remind all who may be involved in treating wastewater
that disregarding the Clean Water Act and federal environmental laws can result in serious consequences. I
commend the investigation by the Oklahoma Environmental Crimes Task Force, including the EPA Criminal
Investigation Division and the Oklahoma DEQ Criminal Investigation Unit, and the entire prosecution team
for their work here."
"The defendant's willful acts of falsifying required effluent samples and the associated releases of untested
effluent into the North Canadian River placed both the environment and local community water systems at
risk of contamination," said Todd "Tony" Adams, Assistant Special Agent in Charge of the EPA's Southwest
Office criminal enforcement program. "EPA and its state partners are committed to holding accountable
companies and individuals that place communities and the environment at risk."
"The Clean Water Act and the Safe Drinking Water Act rely on self-monitoring and self-reporting in order to
protect our water resources. Individuals who tamper with the process potentially jeopardize public health
and erode trust in our system. It is imperative that those who would take such actions be held accounta-
ble," said Oklahoma DEQ Executive Director Scott Thompson.
This investigation was conducted by the Oklahoma Environmental Crimes Task Force, which includes EPA's
Criminal Investigation Division and the Oklahoma DEQ Criminal Investigation Unit. The case was prosecuted
by a DOJ litigation team.
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Sentencings
Omaha Railcar Cleaning Company and its Owners Sentenced for Violating Environmental
and Worker Safety Laws Resulting in Workers' 2015 Deaths
On January 14, 2022, Steven Michael Braithwaite, Adam Thomas Braithwaite and their company Nebraska
Railcar Cleaning Services LLC (NRCS) were sentenced in Omaha, Nebraska, for willful violations of worker
safety standards that resulted in two worker deaths, knowing violations of the Resource Conservation and
Recovery Act (RCRA) involving hazardous waste and knowing endangerment to others, knowing submission
of false documents to the Occupational Safety and Health Administration (OSHA) and perjury. Steven
Braithwaite will serve 30 months in prison and pay $100,000 in restitution for his role in the offenses. Adam
Braithwaite will serve one year and one day in prison and pay $100,000 in restitution. In addition, NRCS and
the individual defendants must serve five years of probation arid pay a $21,000 fine.
According to court documents, on April 14,
2015, NRCS workers were inside and on top of a
rail tanker car, removing petroleum residue
from inside the tank, when flammable gases in
the tanker car ignited and exploded. Two work-
ers died and another was injured in the blast.
NRCS took the job after receiving an inquiry
from one of its customers in January 2015. The
inquiry included a Safety Data Sheet (SDS) for
the product in the railcar, describing it as
"natural gasoline" with a "severe" class four
flammability rating (the highest rating). The SDS
went on to indicate that the natural gasoline would ignite at zero degrees Fahrenheit and that it contained
benzene, a "cancer hazard."
Despite no test for benzene and an unacceptably high explosive gas level test at the beginning of the job,
NRCS sent two of its employees into the tanker car. The employees began removing the toxic, ignitable resi-
due, with a third employee helping from outside. The third employee pulled bucket loads of waste up
through the top hatch and dumped them into a regular dumpster to be taken to a municipal landfill, even
though the residue was hazardous waste. Approximately one hour after the cleaning began, a spark caused
the deadly explosion.
Steven Braithwaite was the president and majority owner of NRCS and was responsible for all phases of the
business, including both environmental and worker safety issues. Adam Braithwaite was the vice president
and a minority owner of NRCS. He too handled both environmental and worker safety issues.
As the defendants admitted in their plea agreements, prior to the explosion, OSHA officials conducted regula-
tory inspections of NRCS, and cited NRCS and its principals for violating OSHA safety regulations concerning
confined space entries. Rail tanker cars are "confined spaces" under the Occupational Safety and Health Act.
Confined spaces are dangerous because they may be filled with toxic, explosive, or unbreathable gases,
among other reasons. After an inspection of NRCS, Steven Braithwaite entered into a Feb. 5, 2015, written
agreement in which he represented that NRCS had been testing for benzene since July 2014. That was a lie.
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Sentencings
OSHA returned to NRCS in March 2015 to conduct a follow-up inspection, but Steven Braithwaite turned
away the inspectors. Afterwards, Adam Braithwaite submitted falsified documents to OSHA purporting to
show that NRCS had been purchasing equipment to test the contents of railcars for benzene and had taken
other required safety precautions. NRCS had not been taking those steps. Adam Braithwaite also falsely testi-
fied under oath in an OSHA hearing that NRCS had been purchasing the benzene testing equipment.
Although they knew what was required, the defendants failed to implement worker safety standards, mis-
handled hazardous wastes violating the RCRA and knowingly submitted false documents to OSHA during in-
spections as a cover up. Their decisions led to the deaths of two of their workers. On July 12, Steven
Braithwaite pleaded guilty to counts 2-4 of the indictment. Adam Braithwaite pleaded guilty to counts 2-3, 8-
9 and 22. NRCS pleaded guilty to counts 1-21.
"Every worker, including every worker doing a dangerous job, has a right to a safe workplace," said Assistant
Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division.
"Tragically, two workers suffered preventable deaths at Nebraska Railcar Cleaning Services because of the
defendants' failure to follow the law. These sentences provide a measure of justice for them and their fami-
lies."
"Violations of worker safety and environmental standards are sometimes belittled as merely regulatory
crimes, but this case demonstrates how much those regulations do matter," said U.S. Attorney Jan W. Sharp
of the District of Nebraska. "If the defendants had followed regulations they were well aware of, no one
would have been inside a rail tanker with toxic gases at explosive concentrations. If they had followed regula-
tions, buckets of hazardous waste would not have been dumped in regular dumpsters. If they had followed
regulations, two men would have gone home at the end of their workdays."
"The defendants' decision to ignore environmental and worker safety regulations led to the tragic death of
two workers," said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency
(EPA)'s Office of Enforcement and Compliance Assurance. "These sentencings send a clear message that indi-
viduals who intentionally violate these laws will be held responsible for their crimes."
"Steven and Adam Braithwaite disregarded OSHA regulations, ignored safety protocols, and provided false
information to OSHA, which resulted in the tragic loss of two lives," said Special Agent-in-Charge Steven Grell
of the Department of Labor's Office of Inspector General Dallas Region, which includes Nebraska. "We will
continue to work with OSHA and our law enforcement partners to hold accountable those who obstruct De-
partment of Labor agencies from fulfilling their missions."
"Steven and Adam Braithwaite chose to protect themselves by providing false documentation to OSHA after
the death of two employees, making it appear they had followed safety requirements, but in fact, willfully
ignored warnings indicating a risk of explosion and sent these two men into a deadly situation," said Regional
Solicitor Christine Heri of the U.S. Department of Labor- Chicago. "The Department of Labor is committed to
bring justice to the families of these workers and to hold employers responsible to their legal obligation to
protect workers on the job."
The case was investigated by the EPA's Criminal Investigation Division and the Department of Labor's Office
of Inspector General. The case was prosecuted by a DOJ litigation team.
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Sentencings
Signal Peak Energy Fined $1M and Sentenced to Three Years of Probation for Violating Envi-
ronmental and Worker Safety Regulations at Roundup Coal Mine
On January 24, 2022, Signal Peak Energy LLC, which admitted to willful violation of health and safety stand-
ards at its underground coal mine near Roundup by failing to report injuries to workers and improperly dis-
posing mine waste, was sentenced to pay a $1 million criminal fine and to three years of probation, U.S.
Attorney Leif M. Johnson said.
Signal Peak Energy pleaded guilty in October, 2021 to four counts of willful violation of health and safety
standard, a misdemeanor.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan followed the terms of a plea agreement by
imposing the statutory maximum $250,000 fine for each count of conviction and ordering probation. Judge
Cavan also ordered $400 restitution to be paid to one of the injured workers.
"This case holds Signal Peak Mine accountable for its utter disregard for environmental and worker health
and safety standards. Mine owners provided little in the way of meaningful oversight of mine operations as
long as the mine's managers could meet reported safety and production goals. That lax oversight fostered a
climate of fraud, which cost the mine $1 million in fines. In addition, mine managers lied about the mine's
expenses, its safety record, and other matters, which separately resulted in individual criminal convictions
and charges for nine persons, including former mine vice presidents and their associates, on crimes ranging
from embezzlement, tax evasion and bank fraud to money laundering, drugs and firearms violations. I want
to thank Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka along with the IRS,
FBI, Department of Labor and Environmental Protection Agency for investigating and prosecuting this case
and bringing wrongdoers to justice," U.S. Attorney Johnson said.
"The IRS, along with our law enforcement partners, will vigorously pursue corporate officers who victimize
their investors and violate the public trust," said Andy Tsui, Special Agent in Charge of the Denver Field
Office, IRS Criminal Investigation. "High-ranking corporate officials hold positions of trust not only in their
companies but also in the eyes of the public. That trust is broken when such officials abuse their power and
commit crimes."
"Signal Peak, under the direction of its former corrupt top executives, perpetuated an unsafe work environ-
ment for several years," said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. "Federal law enti-
tles everyone to a safe workplace, and we encourage the public to report hazardous working conditions or
any wrongdoing so a proper investigation can take place."
"The provisions of the Mine Safety and Health Act are essential to keeping miners safe on the job, and opera-
tors have a responsibility under the law to ensure those protections are in place at all
times," said Department of Labor Regional Solicitor John Rainwater. "We are pleased that our Department of
Justice and Environmental Protection Agency partners take mine safety and health seriously and will not hes-
itate to use all available tools to make mines safer through prosecutions like these."
"Signal Peak Energy violated mandatory health and safety standards by pumping mine water waste down
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Sentencings
bore holes without the required permits," said Special Agent in Charge Lance Ehrig of EPA's Criminal Investi-
gation Division in Montana. "This sentencing demonstrates that EPA and its partners will hold corporations
accountable when they ignore environmental regulations and put worker's health at risk."
In the Signal Peak Energy case, the government alleged in court documents that from 2013 through 2018,
Signal Peak Energy habitually violated mandatory health and safety standards in the Mine Safety and Health
Act during the mine's operation. These violations included both environmental safety and worker safety
standards. The violations occurred with the full knowledge, direction and participation of the mine's most
senior management during that period, including the president and CEO, the vice president of surface opera-
tions, the vice president of underground operations and the safety manager.
The government further alleged that senior managers directed mine employees to improperly dispose of
mine waste by pumping the waste, known as slurry, into abandoned sections the mine and failed to report as
required injuries to employees while pressuring injured workers not to report injuries as work related. One
worker suffered a crushed finger that later required amputation and a second worker suffered a severe head
laceration.
The case was investigated by EPA's Criminal Investigation Division, IRS Criminal Investigation, FBI, and the
Department of Labor. The case was prosecuted by a DOJ litigation team.
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Sentencings
Former Contract Mail Carrier Sentenced to Prison for Vehicle Smuggling Scheme and Pos-
session of Images of Child Rape and Abuse
Used Mail Carrier ID to avoid inspection and sold illegal and dangerous vehicles to other mail carrier
A 48-year-old Tacoma, Washington resident was sentenced on January 28, 2022 in U.S. District Court in Taco-
ma to 30 days in custody for three federal felonies related to a smuggling scheme and possession of child
pornography, announced U.S. Attorney Nick Brown. In September 2021, Christopher M. Cox pleaded guilty
to: smuggling goods into the U.S.; making false statements related to the Clean Air Act; and possession of
child pornography. At the sentencing hearing, U.S. District Judge Robert J. Bryan ordered Cox to register as a
sex offender and placed him on five years of supervised release following his incarceration. Prosecutors
asked the court to sentence Mr. Cox to two years in prison.
"Mr. Cox was a danger to the community on multiple fronts. He abused a position of trust and endangered
his colleagues by selling unsafe vehicles and ignoring air pollution control efforts," said U.S. Attorney Nick
Brown. "The vehicles he imported and sold did not meet safety or air quality standards. These crimes, along
with his possession of images of child rape and abuse, demonstrate he poses serious safety concerns. We ad-
vocated for a lengthier punishment for Mr. Cox to best protect the community and are disappointed by this
sentence."
According to records filed in the case, between approximately 2015 and
January 2019, Cox falsified the required paperwork on two dozen vehi-
cles he imported from overseas. Many of the vehicles were extremely
iight vehicles imported from Japan that did not meet U.S. safety stand-
ards. Cox sold some of the vehicles to contract mail carriers he knew
from his job. Cox falsified the forms that claimed the vehicles met both
safety standards and Environmental Protection Agency (EPA) Clean Air
Act standards. Cox used his identification as a contract mail carrier to
circumvent inspections at the Port of Tacoma and took the vehicles
from the Port without proper inspections. The total value of the im-
ported vehicles exceeds $55,000. Those who bought the vehicles were
not told that they failed to meet federal safety and pollution standards.
"The defendant's intentional disregard for the law included an attempt to deceive law enforcement" said
Scot Adair, Special Agent in Charge of the EPA's criminal enforcement program in Washington. "The Ameri-
can public relies on accurate information on products being imported into this country to help protect the
environment arid the consumer."
When law enforcement officers served search warrants on Cox's electronic accounts, they observed images
of child pornography. Some of the images are known series of images of child rape and abuse manufactured
outside the State of Washington. When officers executed search warrants on Cox's residence and obtained
his electronic devices, they located 142 images and 2 videos of child molestation, rape and abuse.
"Mr. Cox thrived through deceitful actions. He prioritized personal profit over the environment all while tak-
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Sentencings
ing gratitude in the sexual exploitation of children," said Special Agent in Charge (SAC) Robert Hammer, who
oversees HSI operations in the Pacific Northwest. "We're thankful to our partners at the EPA, CBP and U.S.
Attorney's Office for investigating and prosecuting the case."
The case was investigated by EPA's Criminal Investigation Division, the United States Postal Inspection Ser-
vice, the Department of Transportation, and Homeland Security Investigations with critical assistance from
U.S. Customs and Border Protection (CBP). The case was prosecuted by DOJ.
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Sentencings
Big Lake Gas Ordered to Pay $3 Million Fine—Hydrogen Sulfide Release Kills One Employee
and Injures Co-Worker who Attempted Rescue
On February 17, 2022, Big Lake Gas was ordered to pay a $3 million criminal fine, announced U.S. Attorney
for the Northern District of Texas Chad E. Meacham.
Big Lake Gas Plant L.P., a subsidiary of West Texas Gas, Inc., pleaded guilty in September 2021 to one count
of negligent endangerment and one count of violating the Clean Air Act. The company, represented by coun-
sel, was sentenced by U.S. District Judge James Wesley Hendrix.
In plea papers, the company admitted that in April 2018, the plant negligently released approximately 525
pounds of hydrogen sulfide into the ambient air. (Hydrogen sulfide is a toxic gas that can compromise the
human nervous system and respiratory tract and can cause life-threatening health effects if not handled
properly.)
One employee, identified in court documents by the initials C.T., died as a result of exposure sustained while
working at the plant. Another employee, identified by the initials G.T., was injured while trying to assist C.T.
The company further admitted that it knowingly failed to properly update its risk management plan following
the incident, an update required by law.
"Big Lake's flagrant disregard of federal clean air regulations had calamitous consequences," said U.S. Attor-
ney Chad Meacham. "Our prayers are with the family of the employee killed in the 2018 hydrogen sulfide in-
cident. We hope this sentencing brings them a measure of peace."
"The defendant's willful and knowing disregard for federal safety regulations and industry practices placed
both workers and the public at grave risk, resulting in a tragic and preventable fatality and release of danger-
ous gasses." said Todd "Tony" Adams, Assistant Special Agent-in-Charge of the EPA's Southwest Office crimi-
nal enforcement program. "EPA and its state partners continue to hold accountable companies that place
workers, local communities, and the environment at risk."
In a related civil case, five subsidiaries of Big Lake's parent company, West Texas Gas, agreed to pay more
than $3 million in civil penalties and to spend up to $5 million on compliance measures in order to resolve
claims that it violated federal Clean Air Act chemical accident prevention requirements at plants in Texas and
New Mexico.
The case was investigated by EPA's Criminal Investigation Division, the Texas Commission on Environmental
Quality's Environmental Crimes Unit and the FBI. Prosecution was handled by DOJ litigation teams.
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Plea Agreements
Dillsburg Pennsylvania Company Pleads Guilty to Clean Air Act Violation After Illegal Asbes-
tos Removal for Elementary School Building Project
On February 9, 2022, the United States Attorney's Office for the Middle District of Pennsylvania announced
that Lobar, Inc., of Dillsburg, Pennsylvania entered a plea of guilty to beginning a demolition project of a for-
mer weaving mill prior to removing regulated asbestos containing material as required in 40 C.F.R. § 61.145
(c)(1) and 42 U.S.C. § 7413(c)(1).
Asbestos was designated a hazardous air pollutant in 1971 which can become airborne and can be inhaled
into the lungs. There is no known safe amount of exposure.
The criminal charge was the result of Lobar's activity, as the general contractor, on the Berwick Area School
District project, to demolish the former weaving mill in Berwick Pennsylvania and construct a new elemen-
tary school.
Prior to purchasing the mill in January 2014, the Berwick Area School District obtained an environmental as-
sessment report that identified hazardous substances, including asbestos, located in the old facility. The ex-
istence of asbestos was confirmed by an environmental consultant. The findings of both assessments were
shared with Lobar, and its subcontractors responsible for asbestos removal and demolition. Despite this, the
demolition went forward before the asbestos was properly removed until stopped by the United States Envi-
ronmental Protection Agency.
"The defendant was responsible for the integrity of the work site and failed to ensure safe and legal removal
of asbestos," said Special Agent in Charge Jennifer Lynn of EPA's criminal enforcement program in Pennsyl-
vania. "The defendant placed public health at risk and is being held accountable."
A ten-count indictment filed in January 2020, charged Lobar Inc., First Capital Insulation, Inc., Francis Richard
Yingling, Jr., Dennis Lee Charles, Jr., M&J Excavation, Inc., John August Sidari, Jr., and Ty Allen Barnett, with
various violations of the federal Clean Air Act arising from disturbing and removing asbestos in violation of
the National Emission Standards for Hazardous Air Pollutants regulations. The remaining defendants have
pleaded not guilty and are currently scheduled for trial in June 2022 before U.S. District Court Judge Jennifer
P. Wilson.
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
Plant Manager of Seattle Barrel Reconditioning Company Pleads Guilty to Conspiracy and
Lying to Investigators
Investigation uncovers ten-year scheme to conceal illegal dumping of caustic solution into
sewer system
John Sanft, the plant manager of Seattle Barrel and Cooperage Company, a barrel cleaning and recondition-
ing operation, pleaded guilty on January 27, 2022, in U.S. District Court in Seattle to conspiracy and making a
false statement to the Environmental Protection Agency. John Sanft, 51, formerly of Issaquah, Washington,
was the company's plant manager during 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. In December, 2021, the company and its owner,
Louie Sanft, were found guilty by a jury of participating in the dumping scheme. John Sanft will be sentenced
by U.S. District Judge Richard A. Jones on April 22, 2022.
Seattle Barrel's business involves collecting used industrial and commercial drums and reconditioning and
reselling them. Between 2009 and March of 2019, part of the reconditioning process involved washing the
barrels in a highly-corrosive chemical solution. The caustic solution had a very high pH level. Since at least
2009, Seattle Barrel operated under a discharge permit that prohibits it from dumping effluent with a pH ex-
ceeding 12 to the sewer system. Effluent above pH 12 will corrode the sewer system and treatment plant,
In 2013, King County con-
ducted covert monitoring of
Seattle Barrel, and discov-
ered the company was ille-
gally 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 in-
stalled a pretreatment sys-
tem for its wastewater.
However, 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 regulators that no industrial wastewater was being dis-
charged. Agents then installed real-time monitoring equipment that allowed them to determine when the
dumping was taking place and obtained a search warrant.
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
and potentially cause pass-through pollution to Elliott Bay and Puget Sound.
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Plea Agreements
pump was being used to pump the caustic solution to a nearby hidden drain that had never been disclosed to
King County. The drain led directly to the sewer system. According to the company, since mid-2019, follow-
ing the criminal conduct in this case, it no longer uses the caustic solution for barrel cleaning.
As noted in the plea agreement, John Sanft knew of the existence of the hidden drain, and further knew that
Seattle Barrel was regularly discharging the contents of the caustic tank through the hidden drain. John Sanft
did not personally engage in the discharges or tell the employee to cause the discharges. However, Sanft ad-
mits he was part of the conspiracy to hide the conduct from the King County inspectors and the EPA. John
Sanft admitted to lying to federal agents about the dumping during a March 8, 2019 interview. John Sant fac-
es up to five years in prison for each of the two charges to which he pled guilty.
"The defendant's intentional disregard for the environment included an attempt to deceive law enforcement
and conceal other crimes" said Scot Adair, Special Agent in Charge of the EPA's criminal enforcement pro-
gram in Washington. "EPA and the Department of Justice continue to hold accountable companies and indi-
viduals that place communities and the environment at risk."
In December 2021, following a three-week trial, John Sanft's cousin, 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 Certifications; and making a false statement to
special agents of the EPA. Louie Sanft faces up to 5 years in prison on the conspiracy and false statement
counts, and up to three years in prison for each violation of the Clean Water Act.
Under the terms of the plea agreement with John Sanft, prosecutors will recommend he be sentenced to no
more than a year and a day in prison. However, the ultimate sentence is up to U.S. District Judge Richard A.
Jones. Judge Jones will determine the sentence for both John and Louie Sanft and the company, after consid-
ering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by EPA's Criminal Investigation Division with significant assistance from King Coun-
ty Industrial Waste. A joint DOJ/EPA Litigation team is prosecuting the case.
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Indictments/Information
Washington Attorney General Files 36 Criminal Charges Against Electron Hydro Company
and COO for Polluting Puyallup River
On January 10, 2022, the Washington Attorney General filed 36 gross misdemeanor charges against Electron
Hydro, LLC and its Chief Operating Officer, Thorn A. Fischer. Electron Hydro operates a hydroelectric dam on
the Puyallup River. Each of the 36 charges, filed in Pierce County Superior Court, are against both Fischer and
the business. The charges include violations of the state's Water Pollution Control Act, Shoreline Manage-
ment Act and Pierce County Code.
If convicted, Fischer faces a maximum penalty of 90 or 364 days in jail for each count, depending upon the
charge. Additionally, Fischer faces fines of up to $1,000, $5,000, or $10,000 for each count, depending upon
the charge. As a business entity, Electron Hydro faces a maximum penalty of $250,000 for each of the 36
counts.
The criminal charges stem from a construction project updating the Electron Dam during the summer of
2020. Electron Hydro, under the supervision of Thom Fischer, placed artificial field turf containing crumb rub-
ber onto the riverbed and dam as part of a temporary bypass channel during the construction. By its own ad-
mission, Electron Hydro estimated it placed approximately 2,400 square yards of turf material that contained
16 to 18 cubic yards of crumb rubber in the bypass channel. The company then covered the field turf with a
plastic liner and diverted the Puyallup River over it. The company did not receive permission to use the field
turf or crumb rubber on the project.
Days later, the liner ruptured and artificial turf and crumb rubber were discharged into the Puyallup River. In
early August 2020, the company received a stop work order from Pierce County and the Army Corps of Engi-
neers. The river remained diverted until the end of October 2020.
The court filing notes University of Washington-Tacoma Center for Urban Waters researchers tested samples
of recovered field turf and crumb rubber and discovered that it contained chemicals found in tires, including
one that is "extremely toxic" to coho salmon.
Assistant Attorneys General Brad Roberts and Robert Grant will handle the case for the Attorney General's
Office.
The affidavit of probable cause filed with the court is available in its entirety. It contains pictures of the Elec-
tron Dam and the construction.
The information contained in the affidavit of probable cause are only allegations. Defendants are presumed
innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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EPA Bulletin: Jan-Feb2022

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