EPA March 6 Enforcement Wrap-Up 3/6/2003
From: Teresa Libera of the U.S. Environmental Protection Agency, 202-564-7873, e-mail: libera.teresa@epa.gov WASHINGTON, March 6 -- Following is the Enforcement Wrap-Up from the U.S. Environmental Protection Agency: TEXAS AND MEXICAN MEN ARRESTED ON CHARGES OF ILLEGAL IMPORTATION OF HAZARDOUS WASTE INTO THE U.S. Encon Environmental Services of El Paso, Texas; Encon's owners, Roberto Loya of El Paso and Jesus Audelio Uribe Franco of Ciudad Juarez, Mexico; Victor Manuel Arroyo Balderas, warehouse coordinator of Encon, Raul Chavez Beltran; and Ramon Martinez Altamirano of El Paso, Texas; were named in an indictment, unsealed on Feb. 13 in U.S. District Court for the Western District of Texas in El Paso. Loya, Altamirano, Franco and Balderas were subsequently arrested. The indictment charges violations of the Resource Conservation and Recovery Act when the five men and Encon participated in a scheme resulting in the illegal importation of hazardous waste into the United States. The indictment alleges Encon, Beltran and Franco developed a business relationship, in about 1995, with Loya to illegally import hazardous wastes, including soil contaminated with mercury, into the United States without a permit. Altamirano and Balderas allegedly supported the illegal operation. The defendants allegedly informed companies that had hired Encon to dispose of hazardous wastes that the wastes were being disposed of in a legal manner. Instead, the charges state that the wastes were illegally stored in a warehouse in El Paso. Failing to properly dispose of mercury- containing wastes can lead to human contact with mercury which, in sufficient amounts, can cause brain damage and other illnesses. The case was investigated by the EPA Criminal Investigation Division Dallas Area Office, the Texas Commission on Environmental Quality, and the Texas Environmental Task Force. It is being prosecuted by the U.S. Attorney's Office in El Paso. An indictment is merely an accusation, and all defendants are presumed innocent unless or until proven guilty in a court of law. --- DRY CLEANING SUPPLY BUSINESS OWNER FACES CHARGES OF ILLEGAL HAZARDOUS WASTE TRANSPORT AND DISPOSAL Gary Wasserson was indicted on Feb. 13 in U.S. District Court for the Eastern District of Pennsylvania in Philadelphia for allegedly violating the Resource Conservation and Recovery Act. Wasserson was owner of the now closed Chief Executive Officer of Sterling Supply Co. in Philadelphia, Pa., which provided dry cleaning supplies to Philadelphia-area dry cleaning stores. While in operation Sterling Supply accumulated hundreds of drums and containers of chemicals such as acetone, sodium perborate tetrahydrate, sodium hydrosulfite, isopropanol, tetrachloroethylene (also known as perchloroethylene or perc), methylene chloride, xylene, and naphalene. These chemicals are toxic and/or flammable and present hazards to those who unknowingly came into contact with them. The government charges Wasserson illegally transported and disposed of the chemicals stored at the Sterling Supply facility in 1999, by sending them to the Girard Point Transfer Station in Philadelphia from where they were taken to the Modern Landfill in York, Pa. Improperly landfilling of toxic chemicals can contaminate ground water and make it unfit for human consumption. If convicted, Wasserson could receive a maximum sentence of up to 12 years in prison and/or a fine of up to $150,000. The case was investigated by the Philadelphia Area Office of the EPA Criminal Investigation Division and by the FBI. It is being prosecuted by the U.S. Attorney's office in Philadelphia. An indictment is merely an accusation and all defendants are presumed innocent unless or until proven guilty in a court of law. --- ST. LOUIS AREA MEN INDICTED AND ARRESTED FOR FAILURE TO DISCLOSE LEAD PAINT Thomas F. Sailor of O'Fallon, Mo., and Marco Webster of St. Louis, Mo., were each indicted on Feb. 12 and were arrested Feb. 19. The charges are they both violated the Toxic Substances Control Act by failing to disclose lead-based paint to home buyers and charges they falsified lead paint disclosure forms. Exposure to chips and dust from lead-based paint can produce neurological damage and other diseases so disclosing the presence of lead-based paint to home buyers is required by federal law. The risk of exposure to lead is especially high among small children who can experience significant delays in mental development and may even die when they are exposed to lead as they crawl and play on the floor. If convicted on all counts, each defendant faces a maximum sentence of up to six years in prison and/or a potential fine of more than $250,000. Charges were filed in the U.S. District Court for the Eastern District of Missouri in St. Louis. The case was investigated by the St. Louis Area Office of EPA's Criminal Investigation Division, the EPA Region 7 Office of Inspector General and the City of St. Louis Division of Health. It is being prosecuted by the U.S. Attorney's Office in St. Louis. An indictment is merely an accusation and all defendants are presumed innocent unless or until proven guilty in a court of law. --- EPA SELECTS 37 NEW MEMBERS FOR PERFORMANCE TRACK PROGRAM Administrator Christie Whitman recognized 37 new members of the Performance Track program. The program is a voluntary partnership program with public and private entities that go beyond compliance with environmental regulations and commit to continual environmental improvement over the next three years. Facilities recognized in this program consistently meet their legal requirements, implement environmental management systems, voluntarily achieve environmental improvements beyond compliance, and report on progress. Launched in June 2000, Performance Track now has quickly grown and now has a total of 304 members. This round of Performance Track members includes the first port facility, the Port of Houston; the first jet manufacturer, Dassault Falcon Jet Corp; and the first concrete manufacturing facility, Lafarge Alpharetta Ready Mix. EPA also welcomes seven small businesses, one federal facility and additional facilities from already-represented organizations, such as International Paper, Baxter International Inc., Dupont, Arizona Chemical, Dana Spicer, Lockheed Martin, Sony, Bridgestone-Firestone, Motorola, Pfizer, 3M and NASA. Individual facilities commit to specific environmental improvements, examples of this include: a 64 percent reduction in Volatile Organic Compound emissions by 2005; a 50 percent reduction in water use that will save 20 million gallons per year; and recycling and reduced energy consumption commitments. New Performance Track Members are: Alabama's Jefferson County General Services Division; Arizona's Motorola GTSS; Arkansas Baxter Healthcare Corp. and Dassault Falcon Jet Corp. California's Baxter Healthcare Corp., Medication Delivery, and NASA Ames Research Center; Colorado's Ball Metal Beverage Container Corp.; Florida's Arizona Chemical, and Lockheed Martin Missiles and Fire Control; Georgia's Alpharetta Ready Mix Concrete Plant; Griffin Power Systems-Caterpillar, and Interface Flooring Systems; Illinois' Airtex Products, Bridgestone, and Firestone Off Road Tire Co.; Iowa's EMCO Enterprises Inc.; Kentucky's Dana Spicer Heavy Axle and Brake Division; Maine's International Paper's Bucksport Mill; Massachusetts' Gillette Andover Manufacturing Center' Mississippi's Baxter Healthcare; Nebraska's 3M Valley and Pfizer; New Jersey's Huntsman Polyurethanes; Ohio's Johnson Diversey Sharonville Plant, Matsushita Display Devices Company of America, and Pro-Tec Coating Co.; Oregon's SunRidge Lumber Co.; Texas' Barbours Cut Container Terminal, Inspectorate America, Louisiana Pacific Oriented Strand Board, Motorola Inc/Ft. Worth, Motorola Inc./Oak Hill, Turning Basin Terminal Central Maintenance Facility; Virginia's DuPont Front Royal; Washington's Columbia Vista Corp.; Puerto Rico's Baxter Fenwal Division, Baxter Fenwal Division, and Baxter Healthcare Corp. of Puerto Rico. | |