Recently in environment Category

A federal grand jury in Las Vegas today returned indictments against 10 Nevada-certified emissions testers for falsifying vehicle emissions test reports, the Justice Department announced.

Each defendant faces one felony Clean Air Act count for falsifying reports between November 2007 and May 2009. The number of falsifications varied by defendant, with some defendants having falsified approximately 250 records, while others falsified more than double that figure. One defendant is alleged to have falsified over 700 reports.

The individuals indicted include:

Eduardo Franco, 30

Alexander Wayne Worster, 27

William Joseph McCown, 48

Joseph DeMatteo, 52

David Eugene Nelson, 46

Louis Engene Demeo, 50

Adolpho Silva-Contreras, 47

Peter Escudero, 47

Wadji Waked, 24

Gary Smith, 47

Escudero resides in Pahrump, Nev. All other individuals are from Clark County, Nev.

The 10 defendants are alleged to have engaged in a practice known as "clean scanning" vehicles. The scheme involved entering the Vehicle Identification Number (VIN) for a vehicle that would not pass the emissions test into the computerized system, then connecting a different vehicle the testers knew would pass the test. These falsifications were allegedly performed for anywhere from $10 to $100 over and above the usual emissions testing fee.

The U.S. Environmental Protection Agency (EPA), under the Clean Air Act, requires the state of Nevada to conduct vehicle emissions testing in certain areas because the areas exceed national standards for carbon monoxide and ozone. Las Vegas is currently required to perform emissions testing.

To obtain a registration renewal, vehicle owners bring the vehicles to a licensed inspection station for testing. The emissions inspector logs into a computer to activate the system by using a unique password issued to the emissions inspector. The emissions inspector manually inputs the vehicle's VIN to identify the tested vehicle, then connects the vehicle for model year 1996 and later to an onboard diagnostics port connected to an analyzer. The analyzer downloads data from the vehicle's computer, analyzes the data and provides a "pass" or "fail" result. The pass or fail result and vehicle identification data are reported on the Vehicle Inspection Report. It is a crime to knowingly alter or conceal any record or other document required to be maintained by the Clean Air Act.

"Falsifications of vehicle emissions testing, such as those alleged in the indictments unsealed today, are serious matters and we intend to use all of our enforcement tools to stop this harmful practice. These actions undermine a system that is designed to reduce air pollutants including smog and provide better air quality for the citizens of Nevada," said Ignacia S. Moreno, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division.

"The residents of Nevada deserve to know that the vast majority of licensed vehicle emission inspectors are not corrupt and are not circumventing emission testing procedures," said U.S. Attorney Bogden. "These indictments should serve as a clear warning to offenders that the Department of Justice will prosecute you if you make fraudulent statements and reports concerning compliance with the federal Clean Air Act."

"Lying about car emissions means dirtier air, which is especially of concern in areas like Las Vegas that are already experiencing air quality problems," said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance at EPA. "We will take aggressive action to ensure communities have clean air."

The maximum penalty for the felony violations contained in the indictments includes up to two years in prison and a fine of up to $250,000.

An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.

The case was investigated by the EPA, Criminal Investigation Division; and the Nevada Department of Motor Vehicles Compliance Enforcement Division. The case is being prosecuted by the U.S. Attorney's Office for the District of Nevada and the Justice Department's Environmental Crimes Section.

Sixteen new lawsuits allege that KBR, Inc. (NYSE: KBR) jeopardized the health and safety of tens of thousands of American soldiers and private contractors in Iraq and Afghanistan by burning vast quantities of unsorted waste in enormous open-air burn pits with no safety controls.

The lawsuits were filed during the past week in federal courts throughout the nation by Burke O'Neil LLC and co-counsel on behalf of military veterans and private contractors. The suits allege that round-the-clock hazardous emissions from the burn pits caused illnesses such as multiple cancers, respiratory disease, pulmonary complications, chronic coughing, debilitating headaches, and neurological and skin disorders.

KBR is accused of allowing thick, noxious smoke, coming off of flames sometimes colored blue or green by burning chemicals, to hang over U.S. bases and camps across Iraq and Afghanistan since 2004.

According to the complaints, the burn pits are so large that tractors are used to push waste onto them and the flames shoot hundreds of feet into the sky. KBR allegedly burned waste such as biohazard materials including human corpses, medical supplies, paints, solvents, asbestos, items containing pesticides, animal carcasses, tires, lithium batteries, Styrofoam, wood, rubber, medical waste, large amounts of plastics, and even entire trucks.

Susan L. Burke, Elizabeth M. Burke, and Susan M. Sajadi, of Burke O'Neil LLC, in Washington, D.C., and co-counsel represent the more than 200 veterans, KBR employee-contractors and families in the cases which are pending in 37 states.

Elizabeth M. Burke, of Burke O'Neil LLC, stated, "KBR utterly disregarded the safety of the troops when they chose to use open air burn pits and failed to use incinerators and other safer methods of waste disposal. The hazards of operating large open-air burn pits were well known, and KBR promised to minimize the environmental effects of the burn sites they operated in Iraq and Afghanistan. KBR willfully endangered these men and women who honorably served their country in military service or in support of the military."

The legal team for the plaintiffs intends to seek class certification of the lawsuits to cover costs of medical monitoring, future medical expenses, and other damages for other individuals exposed to KBR burn pit emissions.

The new cases were filed in federal courts in Arkansas, Colorado, Connecticut, Idaho, Indiana, Kentucky, Maine, Massachusetts, Mississippi, Nevada, New Jersey, New Mexico, North Dakota, Tennessee, Virginia, and Washington. Earlier this year, dozens of other current and former military personnel, private contractors and families of men who allegedly died as a result of exposure to toxic emissions from KBR burn pits brought similar claims.

A Panamanian company that operated a 40,000-ton oil tanker ship that regularly made calls in multiple ports in Texas pleaded guilty today in federal court in Houston for deliberately concealing pollution discharges from the ship directly into the sea, the Justice Department announced.

Styga Compania Naviera S.A., the operator of the M/T Georgios M, pleaded guilty to three felony violations of the Act to Prevent Pollution from Ships for failing to properly maintain an oil record book as required by federal and international law.

According to a plea agreement filed with U.S. District Court for the Southern District of Texas, the company has agreed to pay a $1 million criminal fine along with a $250,000 community service payment to the congressionally-established National Marine Sanctuary Foundation. The money will be designated for use in the Flower Garden and Stetson Banks National Marine Sanctuary, headquartered in Galveston, Texas, to support the protection and preservation of natural and cultural resources located in and adjacent to the sanctuary.

"Stopping the illegal pollution from ships continues to be a priority for the Department," said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "As long as companies continue to bypass this nation's environmental laws, the department will continue to bring cases and seek justice for those involved."

"This case clearly demonstrates the Coast Guard's commitment to work with our interagency partners to aggressively enforce all maritime anti-pollution and safety of life at sea laws. The breadth and magnitude of the investigation that underpinned the charges brought forth is a testament to the dedication of all persons who were involved in resolving this matter including the Coast Guard Investigative Service, the Environmental Protection Agency, and the U.S. Department of Justice," said Rear Admiral Mary Landry, Eighth District Coast Guard commander.

"The seas must be protected and commercial vessels must operate safely and lawfully," said Paula D. Brown, Acting Special Agent in Charge for Environmental Protection Agency's Criminal Investigation Division in Houston. "Those who use the oceans or our waters as dumping grounds for waste oil and sludge will be vigorously prosecuted."

According to the joint factual statement, from December 2006 until February 2009, senior engineering officers and crewmembers acting on behalf of Styga installed a bypass pipe known as a "magic pipe" in order to avoid the pollution control equipment on-board the ship. The senior engineers then directed junior engineers to connect the so-called "magic pipe" and deliberately discharge sludge and oily waste directly into the ocean.

Federal and international law requires that all ships comply with pollution regulations that include the proper disposal of oily water and sludge by passing the oily water through a separator aboard the vessel or burning the sludge in the ship's incinerator. Federal law also requires ships to accurately record each disposal of oily water or sludge in an oil record book, and to have the record book available for the U.S. Coast Guard when the vessel is within the waters of the United States. The Georgios M often called on ports in Corpus Christi, Texas City, Freeport, and Houston, Texas while engaging in the international oil trade.

According to court documents, the engineers knowingly failed to make the required entries into the oil record book including the fact that sludge and oily waste had been discharged directly into the ocean using the "magic pipe" and circumventing the internationally required pollution control equipment. The senior engineers also made false entries in the oil record book to conceal the fact that the pollution control equipment had not been used. The crewmembers then attempted to conceal the discharges on Feb. 19, 2009, during a Coast Guard boarding at the port in Texas City, by providing the falsified oil record book to the boarding crew.

The investigation was conducted by the Coast Guard Marine Safety Unit Texas City, Texas; Coast Guard Investigative Service in Houston, and the Environmental Protection Agency Criminal Investigation Division in Houston. The case is being prosecuted by the Justice Department's Environmental Crimes Section.

SOURCE U.S. Department of Justice

Alaska Gold Co. (Alaska Gold), and NovaGold Resources Inc. (NovaGold), the owners and operators of the Rock Creek Mine near Nome, Alaska, have agreed to pay a $883,628 civil penalty to resolve violations of a stormwater discharge permit, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today.

According to the court documents, in 2006, Alaska Gold, an Alaskan corporation and its parent company, NovaGold, a Canadian corporation, applied for and received a permit for the construction of a mine near Nome. Construction began in October 2006.

Subsequently, from April 2007 until September 2008, Alaska Gold and NovaGold violated their permit on multiple occasions by discharging stormwater into Rock Creek, Lindblom Creek and Glacier Creek in violation of state water quality standards. The companies also failed to adequately prepare and update a stormwater pollution prevention plan and failed to implement and maintain best management practices to control the discharges.

"Today's settlement shows that the government will hold accountable any company that does not fully comply with stormwater requirements," said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "We expect all companies to take the necessary steps to control stormwater discharge from their operations."

"Whether it's in a far corner of Alaska or in a crowded urban area, stormwater rules protect our waterways from polluted runoff," said Michelle Pirzadeh, EPA's Acting Regional Administrator in Seattle. "The construction at Rock Creek Mine resulted in virtually unchecked runoff of silt and sediment to important fish habitat. Companies taking on construction projects of this scale need to do so responsibly and in accordance with the law."

As of fall 2008, the mine was in compliance. EPA will be monitoring the site for future violations beginning in spring 2009.

SOURCE U.S. Department of Justice

Consultores De Navegacion, a Spanish company that operates the M/T Nautilus, an ocean-going chemical tanker ship, pleaded guilty today in U.S. District Court in Boston and has agreed to pay a fine of $2.5 million for criminal violations related to the overboard discharge of oil-contaminated bilge waste on the high seas, the Justice Department announced.

The company pleaded guilty to conspiracy, falsification of records, false statements, obstruction, and two violations of the Act to Prevent Pollution from Ships for failing to maintain an accurate oil record book. The practice of improperly handling and disposing of oil-contaminated waste from the tanker as charged in the indictment took place from at least June 2007 until March 2008.

As part of the plea agreement, Consultores De Navegacion will serve three years of probation and implement a comprehensive environmental compliance plan to ensure there are no future violations of the law. The charges against Cyprus-based Iceport Shipping Co., the owner of the ship, have been dismissed. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for June, 30, 2009.

Engine room operations on board large oceangoing vessels such as the M/T Nautilus generate large amounts of waste oil and oil-contaminated bilge waste. International and U.S. law prohibit the discharge of waste containing more than 15 parts per million of oil and without treatment by an oily water separator -- a required pollution prevention device. Federal law also requires ships to accurately record each disposal of oil-contaminated bilge water in an oil record book and to have the Oil Record Book available for inspection by the U.S. Coast Guard within the internal waters of the United States.

According to the government, between June 2007 and March 2008, senior engineers on the M/T Nautilus directed subordinate engine room crew members to use a metal pipe to bypass the ship's oil water separator and instead to discharge oil-contaminated waste directly overboard. On two occasions in August 2007, Vadym Tumakov, a Ukrainian who at that time served as chief engineer of the M/T Nautilus, directed the discharge of pollution overboard. In addition, in February 2008, Carmelo Oria, a Spanish citizen who served as chief engineer at that time, directed a discharge directly overboard from the ship's bilge wells.

The government's investigation began in March 2008, when inspectors from the U.S. Coast Guard conducted an examination of the M/T Nautilus, following the ship's arrival in St. Croix, U.S. Virgin Islands, and subsequently in the Port of Boston. The inspections uncovered evidence that crewmembers aboard the ship had improperly handled and disposed of the ship's oil-contaminated bilge water and falsified entries in the ship's official oil record book to conceal these activities.

Oria, who was the chief engineer on the M/T Nautilus between January and March 2008 pleaded guilty on March 9, 2009, to maintaining an oil record book that concealed the improper discharge of untreated waste directly from the ship's bilges. Vadym Tumakov, who was the chief engineer on the M/T Nautilus in August 2007 pleaded guilty to using falsified records that concealed improper discharges of oil-contaminated bilge waste from the ship. They are both scheduled to be sentenced on April 13, 2009 and face up to 6 years in prison, three years of supervised release and a fine of up to $250,000.

As chief engineers, Oria and Tumakov were responsible for all engine room operations. Charges against Tumakov were originally filed in the District of New Jersey and the case was subsequently transferred to the District of Massachusetts.

"Corporate entities and individual crewmembers that deliberately bypass required environmental controls and pump untreated bilge water directly into the ocean should expect to be investigated and prosecuted. Consultores De Navegacion violated the law and today they are facing the consequences," said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "As long as individuals and maritime companies ignore this nation's environmental laws, the Justice Department will continue to bring cases and seek justice for those involved."

"We remain committed to protecting our precious natural resources, and hope that today's conviction sends a clear message to everyone in the worldwide maritime community that the Government will investigate and prosecute anyone who attempts to circumvent our nation's anti-pollution laws," said U.S. Attorney Michael J. Sullivan.

"This is a clear victory in our ongoing effort to stop intentional or negligent pollution and ensure those responsible are brought to justice," said Rear Admiral Dale G. Gabel, Commander of the First Coast Guard District in Boston, MA. "The Coast Guard remains committed to working with the maritime industry and federal, state and local law enforcement partners to protect the environmental resources of our nation."

The case was investigated by the U.S. Coast Guard, Coast Guard Investigative Service. It was prosecuted by Assistant U.S. Attorney Linda M. Ricci of the U.S. Attorney's Economic Crimes Unit, Trial Attorney Todd Mikolop of the Justice Department's Environmental Crimes Section, and Special Assistant U.S. Attorney Christopher Jones of the U.S. Coast Guard First District Legal Office.

Source: U.S. Department of Justice