http://www.oig.dot.gov/rss.jsp?subject=39 The 10 most recent releases on the U.S. DoT OIG web site related to Hazardous Materials & Pipelines en-US webmaster@oig.dot.gov (OIG Webmaster) http://www.oig.dot.gov/images/dot.gif http://www.oig.dot.gov/rss.jsp?subject=39 http://www.oig.dot.gov/item.jsp?id=2470 On May 1, Steve Dion Nobles pled guilty to making a pipe bomb. On October 30, 2008, a federal grand jury had indicted Mr. Nobles for numerous charges including the illegal transportation of hazardous materials. On October 16, 2008, Mr. Nobles attempted to board Southwest Airlines flight 384 from Long Islands MacArthur Airport, New York, destined for Las Vegas. After checking several pieces of luggage with the airline, Mr. Nobles proceeded to go through Transportation Security Administration (TSA) screening where it was discovered that he was carrying a pipe bomb in his carryon luggage. Explosives (fireworks and nailgun rounds) were also contained in his checked luggage. Mr. Nobles stated that he made the bomb a few days prior to the 4th of July 2008 with powder from M80, Black Cat firecrackers, smoke bombs, and nail gun powder, all of which are hazardous materials. According to Nobles he intended to use the bomb as part of a 4th of July celebration in Las Vegas. Under the federal sentencing guidelines Mr. Nobles faces a suggested sentence of 27 to 33 months imprisonment when he is sentenced later this year. A sentencing date has not yet been scheduled. This case was investigated by DOT/OIG and the Federal Bureau of Investigation. Fri, 01 May 2009 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2470 http://www.oig.dot.gov/item.jsp?id=2463 On April 16, 2009, Texas Oil and Gathering, Inc., its owner John Kessel, and operations manager Edgar Pettijohn, pled guilty in U.S. District Court, Houston, Texas, to conspiring to violate hazardous material laws. Texas Oil and Gathering is located in Alvin, Texas, and was formerly authorized by the state to handle and transport used oil products. According to factual statements filed with the pleas, Mr. Kessel and Mr. Pettijohn directed the falsification of documents such as bills of lading and driver logs in order to dispose of hazardous waste water and/or industrial process waste water at an injection well in Rosharon, Texas. The defendants knew the well was not permitted to receive the hazardous waste waters.This DOT/OIG investigation was worked jointly with the US Environmental Protection Agency Criminal Investigation Division, with assistance from other federal and state environmental law enforcement agencies. The case is being prosecuted by the Department of Justices Environmental Crimes Section. Thu, 16 Apr 2009 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2463 http://www.oig.dot.gov/item.jsp?id=2432 On February 26, both Ngu David Tran and his company TransDesign, Incorporated, of Forest Park, Georgia, were sentenced in U.S. District Court, Atlanta, Georgia with the illegal transportation of hazardous materials. Mr. Tran was sentenced to serve five years probation, and ordered to perform 100 hours of community service. His company was sentenced to serve five years probation, fined $119,000, assessed an administrative penalty by the Federal Aviation Administration (FAA) in the amount of $137,500, and ordered to pay an additional assessment of $1,200. The sentence resulted from Mr. Tran and TransDesigns guilty plea on October 30, 2008, to three counts of illegal transportation of hazardous materials in air commerce. On August 20, 2008, Mr. Tran and his company were indicted for shipping chemicals via United Parcel Service and Federal Express on multiple occasions without declaring them as hazardous materials. His activities were discovered when a shipment leaked onboard an aircraft causing the entire aircraft to be unloaded and cleaned. These chemicals were seized by the FAA and turned over to DOT/OIG as evidence. Our investigation was conducted jointly with the FAAs Southern Region and Hazardous Materials & Dangerous Goods Division. Thu, 26 Feb 2009 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2432 http://www.oig.dot.gov/item.jsp?id=2439 On February 23, David Grummer was sentenced in U.S. District Court, San Diego, California to serve 18 months in custody, fined $3,000, and ordered to pay $92,410 in restitution. This sentencing is the result of Grummers guilty plea of distributing unregistered pesticides, unlawful sale of refrigerants, and unlawful transportation of hazardous substances. Mr. Grummer admitted that between April 2005 and January 2008 he sold, over the internet, unregistered pesticides, such as DDT and Chlordane, synthetic pesticides and CFC12, an ozone depleting substance to people who he knew did not have the required Environmental Protection Agency (EPA) certification to purchase CFC12. Mr. Grummer violated the Hazardous Substances Transportation Act when he shipped the items by utilizing a private commercial interstate carrier and did not properly declare these items as hazardous substances on the shipping papers. Our investigation was conducted jointly with the U.S. Environmental Protection Agency, Criminal Investigation Division, and the Federal Bureau of Investigation. Mon, 23 Feb 2009 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2439 http://www.oig.dot.gov/item.jsp?id=2406 On December 9, 2008, Lawrence Gonsalves was sentenced in U.S. District Court, Chicago, Illinois, to 36 months probation and fined $3,500, stemming from his July 18, 2008, guilty plea of conspiracy to transport hazardous materials. In early 2006, Mr. Gonsalves was contacted by an associate to purchase 30 pounds of cyanide as well as other illicit items. Mr. Gonsalves asked the supplier to purchase the cyanide and transport it to Chicago, Illinois. All labels were removed from the cyanide containers prior to being transported in the back of an unplacarded van without any shipping papers. Mr. Gonsalves also paid a portion of $2,000 for the transportation of the cyanide. Our investigation was conducted jointly with the Drug Enforcement Agency. Tue, 09 Dec 2008 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2406 http://www.oig.dot.gov/item.jsp?id=2395 On November 14, 2008, Benefits Cosmetics LLC, San Francisco, CA, was sentenced in U.S. District Court, San Francisco, CA, for violating the Hazardous Materials Transportation Act. Benefits Cosmetics previously pleaded guilty to illegally causing the transportation of hazardous materials by air. As part of the plea agreement, Benefits Cosmetics was ordered to pay a $350,000 fine and issue a public apology in an appropriate trade journal regarding this conviction. The notice is intended to raise awareness in the beauty industry of hazardous materials transportation regulations. Fri, 14 Nov 2008 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2395 http://www.oig.dot.gov/item.jsp?id=2379 On October 30, Ngu David Tran, and his company, Transdesign, Inc., Forest Park, Georgia, each plead guilty in U.S. District Court, Atlanta, Georgia, to three counts of illegal transportation of hazardous materials in air commerce. As a result Mr. Tran has agreed to pay a civil penalty of $137,500 to the Federal Aviation Administration (FAA). Mr. Tran faces a maximum criminal penalty of five years in prison and a fine of $250,000 and his sentencing remains to be scheduled. On August 20, 2008, Mr. Trans company Transdesign, Inc. was indicted for shipping chemicals via United Parcel Service and Federal Express on multiple occasions without declaring them as hazardous materials. His activities were discovered when a shipment leaked onboard an aircraft causing the entire aircraft to be unloaded and cleaned. These chemicals were seized by the FAA and turned over to DOT/OIG as evidence. Thu, 30 Oct 2008 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2379 http://www.oig.dot.gov/item.jsp?id=2377 On October 24, 2008, Jack Alan Brown, an electronics salesman, pled guilty in U.S District Court, Rochester, New York to falsely representing himself as a Federal Aviation Administration (FAA) agent to an employee at a Federal Express (FedEx) facility in Rochester, NY, in order to recover undeclared hazardous packages (fireworks) he had shipped from New Hampshire to New York. This DOT/OIG case was investigated with the assistance of the FAA Eastern Region Security & Hazardous Materials Division. Fri, 24 Oct 2008 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2377 http://www.oig.dot.gov/item.jsp?id=2367 On September 29, 2009, Michael Seifert, a former Norfolk Southern (NS) train engineer, pled guilty and was sentenced in McKean County Court of Common Pleas, Smethport, Pennsylvania to one year incarceration, 24 months probation, and ordered to pay a $3,000 fine and perform 600 hours of community service. The court also stipulated that he cannot operate a commercial vehicle for a period of two years. The criminal charges were related to a train derailment in northwestern Pennsylvania in June 2006 that spilled 42,000 gallons of sodium hydroxide waste into the soil, wetlands, and waters of two counties in Northwestern Pennsylvania. A complaint was subsequently filed by the McKean County District Attorneys Office in March 2007 alleged that Mr. Seifert was under the influence of controlled substances at the time of the derailment. The DOT/OIG investigation determined that the NS freight train crew failed to apply air brakes after cresting a hill. Although the speed limit on the downhill grade was 15 mph, at the time of the derailment the train was traveling at a speed of 76 mph. A Federal Rail Administration (FRA) incident report revealed that Mr. Seifert had tested positive for drugs following the accident. The case was investigated jointly with the Pennsylvania Office of Attorney General, the Pennsylvania State Police, the Pennsylvania Department of Environmental Protection, and the FRA. Mon, 29 Sep 2008 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2367 http://www.oig.dot.gov/item.jsp?id=2334 On July 17, 2008, in U.S. District Court, Cullman, Alabama, Wayne Parker, a truck driver, was charged and pled guilty to undeclared transportation of hazardous waste (HAZMAT). A port check operation inspection at a weigh station found Mr. Parker to be in possession of three separate driver logs. The driver logs showed that Mr. Parker omitted recording a trip wherein he was transporting hazardous waste. Sentencing has not been scheduled. Thu, 17 Jul 2008 00:00:00 GMT http://www.oig.dot.gov/item.jsp?id=2334