Department of Justice

U.S. Attorney’s Office

District of Alaska

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FOR IMMEDIATE RELEASE

Wednesday, January 25, 2017

Kodiak Strip Boat Owner Sentenced to Probation and Fine

Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that Darren Byler, 56, resident of Zachar Bay, Kodiak Island, Alaska, was sentenced on Monday by U.S. District Judge Sharon L. Gleason to five years’ probation and a fine of $10,000, for violating the Refuse Act and making false statements to Coast Guard officials.

Byler was convicted in December 2015 after an 11-day trial. According to the evidence at trial, Kimberly Riedel-Byler and Darren K. Byler were the owners of the Wild Alaskan, a floating strip club anchored in Kodiak Harbor between June 2014 and November 2014. On the Wild Alaskan was a customer bathroom for patrons and an employee bathroom for dancers and other staff. The United States established at trial that sewage from these bathrooms on board the Wild Alaskan was plumbed to flow directly overboard into the waters of Kodiak Harbor.

When asked to produce documentation about his sewage disposal from the Wild Alaskan, Darren Byler gave the United States Coast Guard Marine Safety Detachment Kodiak a false ship’s log. In the log, the defendant claimed to have disposed of 1,500 gallons of raw sewage from the Wild Alaskan at the Pier 2 sewage disposal facility in Kodiak Harbor on July 29 and 30, 2014. In his log, the defendant also reported that he disposed of 800 gallons of sewage on five additional occasions in September and October 2014, by transporting the sewage in his landing craft, the Gulf Coast Responder, and dumping it at sea beyond 3 nautical miles. The United States proved at trial that these statements were false.

Judge Gleason based her sentence on numerous factors, including the nature and circumstances of the defendant’s conduct, and the defendant’s history and characteristics. Judge Gleason also noted the need to deter others from committing similar environmental crimes, and then engaging in steps to hide those illegal discharges. “There is a need for the sentence to afford some degree of adequate deterrence to the many other mariners that are in our state,” said Judge Gleason.

The case was the product of an investigation by multiple law enforcement agencies, including the United States Coast Guard Investigative Service, the Federal Bureau of Investigation, and the Kodiak Police Department. Assistant U.S. Attorney Kyle Reardon and Special Assistant U.S. Attorney William George prosecuted the case.

Department of Justice

U.S. Attorney’s Office

Middle District of Pennsylvania

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FOR IMMEDIATE RELEASE

Wednesday, September 7, 2016

Clark Summit Man And Engineering Firm Indicted For Violations Of Clean Water Act And Tampering With Government Witness

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David D. Klepadlo, age 61, Clarks Summit, and David D. Klepadlo & Associates, Inc., have been charged in an Indictment returned by a federal grand jury in Scranton on September 6.

The Indictment was unsealed today following Klepadlo’s initial appearance before U.S. District Magistrate Judge Karoline Mehalchick. Judge Mehalchick ordered him to surrender his passport, have no contact with co-conspirators or government witnesses, and travel is limited to within the Middle District of Pennsylvania.    

According to United States Attorney Peter Smith, Klepadlo, along with the engineering company he owns, David D. Klepadlo & Associates, Inc., are charged with conspiracy to violate the Federal Clean Water Act, multiple counts of specific Clean Water Act violations, and Tampering with a Government Witness. 

The Indictment alleges that Klepadlo is certified by the Commonwealth of Pennsylvania as a waste water treatment plant operation.  Klepadlo and his company contracted with local municipalities to operate and manage the municipalities’ waste water treatment plants in accordance with regulations and limitations in permits issued by the Pennsylvania Department of Environmental Protection (PADEP) and the U.S. Environmental Protections Agency (EPA). 

The permits required that the permittee at all times maintain in good working order, and properly operate all facilities and systems installed and used to achieve compliance with the terms and conditions of the permits.  It is alleged that for approximately two years, beginning in May 2012 and continuing through June 2014, Klepadlo and his company failed to properly operate and maintain the facilities and systems of treatment and control, in accordance with terms and conditions of the permits. 

The facilities identified in the Indictment are the Greenfield Township Sewer Authority in Lackawanna County and the Benton/Nicholson Sewer Authority in both Lackawanna and Wyoming Counties.   

The Indictment further alleges that as part of the conspiracy, Klepadlo knowingly failed to take daily and weekly samples and measurements required for the purpose of monitoring pollutants discharged into waterways of the United States; knowingly created false test results and falsely reported those results in discharge monitoring reports submitted monthly to the PADEP and the EPA; and knowingly diluted pollutant samples when the samples were believed to exceed the limits specified in the permit. 

Klepadlo is also charged with corruptly attempting to persuade a government witness to fabricate a false explanation for the Clean Water Act violations for the purpose of influencing testimony of a witness in an official proceeding involving the testing and registering requirements of the permits.

Waste water from the Greenfield publicly-owned treatment plan is discharged into a tributary of Dundaff Creek, which flows into Tunkhannock Creek, which flows into the Susquehanna River.  Waste water from the Benton/Nicholson facility flows into a tributary of South Branch Tunkhannock Creek, which also flows into the Susquehanna River. 

The charges stem from an investigation jointly conducted by the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and the Federal Bureau of Investigations.  Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.      

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

In this case, the maximum penalty under the Conspiracy statute is 5 years’ imprisonment and a $250,000 fine.  The Clean Water Act violations are punishable by up to 3 years’ imprisonment and a sliding scale for fines of $5,000 to $25,000 per violation, per day.  The maximum penalty under the Tampering with a Witness statute is 20 years’ imprisonment, and a $250,000 fine.  Each crime also carries a term of supervised release following imprisonment.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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Man Arrested on Hazardous Waste Charges 

U.S. Attorney’s OfficeApril 25, 2012

Northern District of New York(315) 448-0672

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the arrest of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged with the illegal disposal of a hazardous waste in a manner posing a danger of death or serious bodily injury to others (also referred to as “knowing endangerment”) and with the illegal storage and disposal of hazardous waste without a permit. The complaint alleges that on March 2, 2012, Kimber was observed on hospital video surveillance cameras placing a substance on items throughout the Albany Medical Center cafeteria—where mercury was subsequently found—including on food consumed by at least one patron and on heating elements where the mercury could vaporize and be inhaled. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room.

The complaint alleges that a search warrant executed at Kimber’s house and automobile resulted in the seizure of two jars of mercury. The complaint further alleges that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (“The Turner Diaries”) was observed during the search; it states on the cover page, “This book contains racist propaganda” and “The FBI said it was the blueprint for the Oklahoma City bombing.” Searching officers further observed a Nazi swastika on a wall of Kimber’s home. Finally, the complaint alleges that mercury was previously deposited in numerous locations throughout the Albany Medical Center by then-unknown persons on March 28, 2011; April 11, 2011; and June 23, 2011.

The knowing endangerment charge contains a maximum possible term of incarceration of 15 years and a fine of $250,000, or twice the gross loss to any victim. The storage and disposal of hazardous waste without a permit charge contains a maximum possible penalty of five years in jail, and a fine of $250,000, or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss and somatosensory change. Mercury is readily absorbed through unbroken skin and by intestinal absorption after ingestion. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorneys Richard Bellis and Craig Benedict. Questions may be directed to AUSA Benedict at 315- 448-0672.