March 28, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity and adjudicated cases supported by EPA Criminal Investigation Division special agents, forensic specialists, and legal support staff.
A copy of the December 2018 – February 2019 edition has been published.
The December 2018 - February 2019 Bulletin lists the follow matters:
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Region
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Defendants
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Case Type/Status
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2
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Robert Carville
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Plea Agreement/Pleaded guilty to allegedly storing hazardous waste without a permit
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2
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Fuel Bio One LLC
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Biodiesel fuel company sentenced for allegedly discharging more than 45,000 gallons of wastewater from its commercial biodiesel fuel production facility
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2
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Jose Rivera (Terminix)
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Sentencing/Former Branch Manager sentenced to 12 months in prison for allegedly illegally applying fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands
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3
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Timothy Peer
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Indictment/Indicted by a federal grand jury for allegedly violating permits and discharging untreated sewage from his sewage
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3
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David Klepadlo, David D. Klepadlo and Assoc., Inc.
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Plea Agreement/Pleaded guilty to allegedly making false statements in violation of the Clean Water Act and tampering with a government witness.
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3
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Pittsburgh Water and Sewer Authority
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Indictment/161 criminal charges filed for allegedly failing to notify residents when the agency replaced lead water lines – creating health risks for affected households; charged with allegedly failing to sample water lines following the replacements within the time frame required under state law.
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3
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Mike Blankenship
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Sentencing/Sentenced to 15 months in prison for alleged Clean Water Act violations
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5
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IAV GmbH (Volkswagen)
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Plea Agreement/Plead guilty to one criminal felony count and pay a $35 million criminal fine as a result of the company’s alleged role in a long-running scheme for Volkswagen AG (VW) to sell diesel vehicles in the United States by using a defeat device to cheat on U.S. vehicle emissions tests required by federal law.
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5
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Kenneth R. Morrison
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Plea Agreement/Convicted of alleged interstate transportation of stolen goods
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5
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Gary Alfred Sayers, Electro-Plating Services, Inc.
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Plea Agreement/Plead guilty in federal court to allegedly illegally storing hazardous wastes at the company’s premises in Madison Heights, Michigan, in knowing violation of the Resource Conservation and Recovery Act.
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5
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Mark Harris
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Plea Agreement/Pleaded guilty in U.S. District Court to allegedly knowingly failing to remove asbestos in a South Point, Ohio electric power plant.
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5
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Richard Baude, Axel Eiser, Stefan Knirsh, Carsten Nagel, (Audi)
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Indictment/Charged for their roles in the nearly decade-long alleged conspiracy to defraud U.S. regulators and U.S. Customers by implementing software specifically designed to cheat U.S. emissions tests in tens of thousands of Audi “clean diesel” vehicles.
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5
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Tier Environmental LLC
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Plea Agreement/Pleaded guilty to a single felony charge of allegedly recklessly violating a hazardous waste permit issued under Chapter 3734 of the Ohio Revised Code.
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5
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Amin M. Salem, Mohamed Salem, Zaharan al-Qadan
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Indictment/Indicted on charges of allegedly illegally accepting food stamps at seven Cleveland-area gas stations, laundering the profits, illegally having firearms, operating an unregulated slaughterhouse, and polluting a stream by dumping animal blood and fluids in it.
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7
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Steven Weaver
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Sentencing/Sentenced to two years of probation for allegedly purchasing and renovating former Kossuth County Home without thoroughly inspecting for asbestos.
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7
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Ahmed El-Sherif
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Sentencing/Ordered to pay $544,287 in restitution for allegedly storing hazardous waste without a license.
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9
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James Phillip Lucero
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Sentencing/Sentenced to 30 months in prison for the alleged unpermitted discharge of pollutants into waters of the United States, including wetlands.
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A copy of the Bulletin can be found here.
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