U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin/May 2019 – July 2019

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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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 May 2019 – July 2019 edition has been published.

The May-July 2019 Bulletin lists the follow matters:

Region

Defendants

Case Type/Status

1

Aleks Rakaj

Plea Agreement/Pled guilty to one alleged count of asbestos removal in violation of the Clean Air Act.

2

Gary Hallinan

Plea Agreement/ Pled guilty on May 25, 2019 in federal court in Syracuse, New York to allegedly negligently discharging wastewater from the City of Oswego Wastewater Treatment Plant into Lake Ontario in violation of the Clean Water Act on three dates between March 2015 and June 2015.

3

David m. Dunham, Jr.

Trial/Convicted of alleged conspiracy to commit wire fraud and defraud the United States, wire fraud, filing false tax documents and obstruction of justice.

3

Mohammad Sikder

Plea Agreement/Pled guilty on June 20, 2019 to two counts of allegedly violating the Toxic Substances Control Act for his role in renovating a Washington, D.C., property without following lead-safe work practices and lead disclosure requirements.

3

Forrest Sewer Pump Service, Inc.

Plea Agreement/Pled guilty on July 24, 2019 to violating the Clean Water Act on July 24, 2019, by allegedly illegally discharging pollutants into unauthorized manholes and pump stations.

4

Bonefish Holdings, LLC

Sentencing/Pled guilty and sentenced in connection with alleged illegal filling of federally regulated wetlands without a federal permit following Hurricane Irma in 2017.

4

Carlos Conde

Sentencing/Sentenced on July 24, 2019, for allegedly violating the Clean Water Act by instructing employees at the Apollo Industries chemical processing plant in Smyrna, Georgia, to wash carburetor fluid into a tributary of the Chattahoochee River.

6

Avin International LTD, Nicos I.V. Special Maritime Enterprises

Sentencing/Sentenced on May 3, 2019 in the Eastern District of Texas on charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V.

7

Thomas S. Fritzel

Trials and Settlements/Found gguilty on charges of allegedly disposing of asbestos in violation of the Clean Air Act.

9

American Biodiesel, Inc.

Sentencing/Sentenced on July 6, 2019, for alleged violations of the Clean Water Act. American Bio-diesel, Inc., registered in San Joaquin County as Community Fuels, manufactured biodiesel fuel on property leased from the Port of Stockton.

9

Wiley Sanders Truck Lines, Inc.

Sentencing/On June 11, 2019, ordered to pay $3 million for allegedly illegally transporting more than 64 tons of hazardous, lead-contaminated plastic battery chips from the now-closed Exide Technologies battery recycling facility in Vernon to a company in Bakers-field.

9

Green Compass Environmental Solutions, LLC

Plea Agreement/On June 6, 2019, entered pleas for their roles in a November 2014 explosion at 815 Mission Rock Road in Santa Paula that injured numerous employees and first responders, and for the subsequent storage of un-disclosed hazardous chemicals on site.

10

Hector M. Garza, Tammy L. Garza, HTG Trucking LLC, Freedom Fuel Inc.

Plea Agreement/ On June 10, 2019, pled guilty to alleged fraud and false statement charges in connection with a renewable energy fraud scheme.

10

Brannon Finney

Sentencing/Sentenced May 23, 2019, after pleading guilty to one alleged count of unlawful discharge of a pollutant, a violation of the Clean Water Act. Finney was fined $8,000; required to pay $2,000 to National Fish and Wildlife Foundation as a community service payment; required to perform 40 hours of community work service; placed on probation for 18 months and required to post a public apology.

 

A copy of the Bulletin can be found here

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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