As 17 active wildfires continue to burn in California, over 10,000 firefighters remain on the frontlines.

California Statewide Fire Summary

Saturday, August 8, 2015

As 17 active wildfires continue to burn in California, over 10,000 firefighters remain on the frontlines. With the threat of thunderstorms gone and with a return to seasonal weather today, weather conditions will provide firefighters a continued opportunity to gain the upper hand on many of these fires. California is getting extra assistance from several nearby states including Nevada, New Mexico and Arizona. Over 50 fire engines have been brought in to assist CAL FIRE in containment efforts on several of the fires, as well as providing an opportunity for CAL FIRE to rotate crews and prepare for the possible next round of high fire activity.

CAL FIRE encourages everyone to be careful when out in the wildland area and especially if residents plan on using powered equipment to create defensible space, make sure to use the right tool for the job, and finish before 10 a.m. To learn more go to www.readyforwildfire.org.

Fires of Interest:

 **CAL FIRE Incidents**

Rocky Fire, Lake, Colusa & Yolo County (more info…)

East of Lower Lake

*69,636 acres – 62% contained

*Many evacuations lifted, some remain in effect

Humboldt Lightning Fires, Humboldt County

Throughout Humboldt County

*75 fires totaling 4,508 acres – 40% contained

Lowell Fire, Nevada County (more info…)

You Bet area, west of Alta

*2,304 acres – 90% contained

**Unified Command Incidents**

Fork Complex, Trinity County (more info…)

US Forest Service – Shasta-Trinity National Forest / CAL FIRE

South of Hyampom

*17,622 acres – 12% contained

**Federal Incidents**

River Complex, Trinity County (more info…)

US Forest Service – Shasta-Trinity National Forest

New River Drainage, near Denny

*13,827 acres – 10%

South Complex, Trinity County (more info…)

US Forest Service – Shasta-Trinity National Forest

Near Hyampom, south of Hwy 299

*15,956 acres – 5% contained

Route Complex, Humboldt & Trinity County (more info…)

US Forest Service – Six Rivers National Forest

West of Hyampom

*16,598 acres – 12% contained

Mad River Complex, Trinity County

US Forest Service – Six Rivers National Forest

Near Ruth Lake

*17,852 acres – 30% contained

Dodge Fire, Lassen County (more info…)

Bureau of Land Management – Northern California District

*10,500 acres – 35% contained

Mendocino National Forest Lightning Fires, Mendocino County (more info…)

U.S. Forest Service – Shasta-Trinity National Forest

*2 of the 15 fires remain totaling 195 acres

Nickowitz Fire, Del Norte County (more info…)

U.S. Forest Service – Six Rivers National Forest

*400 acres – 10% contained

Gasquet Complex, Del Norte County (more info…)

U.S. Forest Service – Six Rivers National Forest

on the Gasquet Ranger District

*9 fires totaling 1,702 acres – 0% containment

Cabin Fire, Tulare County (more info…)

US Forest Service - Sequoia National Forest

8 miles northeast of Camp Nelson

*5,362 acres – 83% contained

Rough Fire, Fresno County  

US Forest Service - Sierra National Forest

2 miles north of the Kings Wild and Scenic River

*1,200 acres – 0% contained

Willow Fire, Madera County (more info…)

US Forest Service - Sierra National Forest

Southeast of Bass Lake

*5,702 acres – 95% contained

Chorro Fire, Ventura County (more info…)

U.S. Forest Service – Los Padres National Forest

North of Ojai

*282 acres – 95% contained

Washington Fire, Alpine County (more info…)

US Forest Service – Humboldt-Toiyabe National Forest

South of Markleeville

*17,790 acres – 99% contained

Worker with Chromalloy Gas Turbine Corporation in Orangeburg, NY diagnosed with Legionnaires' disease in Rockland County. Sniffing too much of the slime in the cooling towers

Friday, August 07, 2015 08:53PM

ORANGEBURG, N.Y. (WABC) --

In Rockland County, an employee of Chromalloy Gas Turbine Corporation in Orangeburg has been diagnosed with Legionnaires' disease.

Chromalloy released a statement saying, "On Friday, August 7, at approximately 11:30 a.m., we were informed that a Chromalloy employee at our Orangeburg, NY, facility was diagnosed with Legionnaire's Disease.

"While it is unclear if the employee was exposed to the bacterium at the facility we immediately began working with OSHA and our consultants to evaluate the situation, and began taking the appropriate action in accordance with our consultant and OSHA recommendations.

"As a precautionary measure we temporarily closed the facility early this afternoon. This evening, our consultant will inject biocide into the cooling towers to destroy any bacterium if any exist, and will quarantine the work area where the cooling towers are located.

"Testing will be conducted on Monday and further actions will be determined as our investigation continues. All of these actions are taking place in conjunction with OSHA.

"Chromalloy is committed first and foremost to the health and safety of our employees and a safe work environment, and the communities in which we operate."

Engine issue prompts emergency landing of an American Airlines flight at Philadelphia International Airport

Saturday, August 08, 2015 09:39AM

PHILADELPHIA --

Officials say an American Airlines flight landed safely at Philadelphia International Airport Friday night after crews declared an emergency.

Federal Aviation Administration spokesman Jim Peters says no injuries were reported. He says Flight 669 left for Seattle Tacoma International Airport on Friday night when the crew declared an emergency shortly after taking off.


He says the Airbus A320 landed safely about 9:20 p.m. Friday.

American Airlines spokesman Josh Freed says apparently some unburned fuel burned off as the plane took off about 9 p.m. He says that is not uncommon and stressed that "no part of the airplane was ever on fire" and the engine never lost power.

Freed says passengers were put on another flight. The plane was carrying 133 passengers and five crew members.

Three people were hurt and one was killed in a car wreck in Springfield Gardens early Saturday morning.

1 dead in Springfield Gardens 2-car collision

Saturday, August 08, 2015 12:00PM

QUEENS, N.Y. (WABC) --

Three people were hurt and one was killed in a car wreck in Springfield Gardens early Saturday morning.

Around 2:15 a.m., a 2013 Land Rover was eastbound on South Conduit Avenue and collided with the driver side of a 2012 Nissan Rouge, which had stopped facing north at the 177 Street intersection. The Land Rover slid into a parked car which was unoccupied. Both the parked car and the Nissan were damaged.

The 20-year-old man driving a Land Rover is stable. His passenger, Lamont C. Smart Jr., 21, of Queens, was killed. The driver of the second car involved, a 46-year-old man in the Nissan and a 50-year-old woman who was in the car are both stable with minor injuries.

No one has been arrested and the investigation is ongoing.

All of the victims were taken to Jamaica Hospital.

CLEANUP YOUR FILTHY SLIMEY COOLING TOWERS NEW YORK: State teams get started testing cooling water towers for Legionnaires' disease in Bronx, New York City

Saturday, August 08, 2015 12:19PM

ORANGEBURG, N.Y. -- 

New York state officials plan to deploy teams to help test cooling towers amid a deadly outbreak of Legionnaires' disease.

Gov. Andrew Cuomo says teams will begin work today in the Bronx. State officials have said they'll pay for the testing.
Meanwhile, officials have announced that another person has the illness, raising to 101 the number of people infected since the outbreak surfaced last month. 
The disease is a form of pneumonia caused by breathing in mist contaminated with the Legionella bacteria. Ten people have died.


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By the end of this year, the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) plans to finalize Standard 188, “Prevention of Legionellosis Associated with Building Water Systems.” The standard addresses plumbing systems, cooling towers, and several other types of water systems or devices that can harbor Legionella bacteria and release water droplets into the air. As ASHRAE states, the purpose of this upcoming standard “is to present practices for the prevention of legionellosis associated with building water systems.”
 
The new standard won’t be the first document to discuss the risk of Legionnaires’ disease associated with cooling towers and ways to minimize that risk. Government agencies and industry associations issued guidelines years ago, including ASHRAE in 2000, and articles on Legionella have appeared in industry publications for decades. What makes ASHRAE Standard 188 different is that it requires a HACCP (Hazard Analysis and Critical Control Point) plan.
Facility managers (fms) should bear in mind that a HACCP Legionella plan involves, not just cooling towers, but plumbing systems, decorative fountains, whirlpool spas, and other water systems that can harbor and transmit Legionella.

Creating a HACCP boils down to four steps that fms need to take:

• assess the hazard;
• establish control measures and monitoring;
• verify that the control measures are implemented; and
• validate that the plan is working.

A Legionella management plan for a facility’s cooling towers should include these eight key measures:

1. Locate cooling towers to minimize exposure to people. Place the towers as far away as reasonably possible (preferably at least 100') from operable windows, outdoor air intakes, parking lots, roads, driveways, sidewalks, and outdoor areas frequented by people. Furthermore, make ground level cooling towers inaccessible to visitors and passers-by (e.g., with a fence or wall).
2. Treat cooling water for control of Legionella and other microbes. Fms should communicate to their water treatment vendor that their treatment program should be effective against a wide range of microbes, including Legionella, in biofilms as well as in the circulating water.
3. Fms should follow ASHRAE Guideline 12-2000, “Minimizing the Risk of Legionellosis Associated with Building Water Systems,” regarding cooling tower shutdown and startup.
4. Check water treatment chemical levels and chemical pumps daily. Legionella levels can skyrocket in a short time if a biocide drum is empty or a chemical pump is broken.
5. Install and maintain high efficiency drift eliminators. Even the most efficient drift eliminators will not block all Legionella bacteria but they will minimize the mist that escapes the tower.
6. Control the buildup of dirt and debris. Clean basins and sumps as needed and the entire system twice a year. The cleaning alone has little effect on Legionella concentrations, but it is crucial for effective water treatment. Fms should also consider side stream filtration to reduce suspended solids and the demand on the biocide further. For most systems, filtering 3% to 5% of the circulated water to 20 to 50 microns is sufficient. A filter vendor can recommend a media based on a particle size analysis.
7. Routinely purge stagnant lines. Stagnant water is conducive to Legionella growth and prevents the biocide from circulating throughout the system.
8. Test the water routinely to evaluate the water treatment program and the overall risk reduction plan. For most cooling towers, tests for pH, total dissolved solids, and disinfectant levels (if applicable) should be run daily. Check total bacteria counts (TBC) or Adenosine Triphosphate (ATP) at least once a week to evaluate the water treatment—a significant rise indicates a problem.

The only way to estimate Legionella concentrations is to test for Legionella, so that should be done once every month or two during the operating season. If Legionella is not found in the tower, fms should not relax the water treatment or preventive maintenance. If Legionella is found, particularly at levels greater than 10 colony forming units per milliliter (cfu/ml), then the treatment regimen should be adjusted appropriately.

Fms should also consider monitoring biofilm. Slime on any test surface indicates there’s slime in less accessible areas (e.g., heat exchangers).

Other Actions Required

In addition to control measures, the HACCP system requires the following:

• Identify and train the people responsible for the cooling tower maintenance and water treatment.
• Set specific control limits (e.g., acceptable bacteria counts) and determine remedial steps to take if those limits are exceeded.
• Establish a reporting system that verifies the plan was implemented.
• Document all inspections and maintenance procedures.

Writing and implementing the plan may seem like a pain in the neck at first, but most of the procedures are simply good maintenance. Moreover, it is not a waste of time or money because Legionella preventive measures really work—the steps fms take may prevent a serious illness, keep them out of court, or even save a life.

Gold King Mine Massive Release of Waste – New Mexico Response Activities

Release Date: 08/08/2015

Contact Information: David Gray at 214-665-8120 or r6press@epa.gov 


DALLAS – (August 8, 2015) EPA Region 6 deployed a federal on-scene coordinator from its emergency response team and scientific technicians under contract to EPA to assist the state in preparations for the potential impacts from the Gold King Mine release in Colorado. 
 
The initial EPA team arrived on-site late in the evening on August 6 and immediately on August 7 began to assisting the state. The team began collecting samples at the drinking water intakes for Farmington and Aztec to help New Mexico Environment Department (NMED) establish baseline conditions in the river. Additional EPA personnel arrived in New Mexico later in the day on August 7. 

They immediately began assisting with sampling preparations as the state prepares drinking water systems to return to operations after the release passes downstream. The EPA will dedicate the personnel and scientific assets to assure that the community has the required assistance.
 
EPA will participate in an information meeting at the Farmington Civic Center exhibit hall at noon today, August 8. 
 
EPA will also host a media conference call at 3 pm MT today, August 8. Reporters should contact David Gray at gray.david@epa.gov for more information.
 
EPA Region 6 is working closely with the NMED to evaluate possible impacts in New Mexico. EPA is providing technical and laboratory assistance. Potentially impacted water systems have been notified by State officials and precautions are in place to ensure drinking water in homes is protected. Each of the five drinking water systems in New Mexico are able to prepare and store drinking water in preparation for shutting down water intakes from the river. NMED is providing direct assistance to community water systems. Both NMED and EPA are closely monitoring the situation in New Mexico.
 
On August 5, 2015, EPA Region 8, based in Denver, Colorado, was conducting an investigation of the Gold King Mine. The intent of the investigation was to assess the on-going water releases from the mine and to treat mine water and to assess the feasibility of further mine remediation. The plan was to excavate the loose material that had collapsed into the cave entry back to the timbering. During the excavation, the loose material gave way, opening the adit (mine tunnel) and spilling the water stored behind the collapsed material into Cement Creek, a tributary of the Animas River.
 
The adit is still discharging lower flows into Cement Creek. EPA is rebuilding settling ponds to treat these flows – the upper pond was completed yesterday, and the lower pond by early today. EPA will treat the mine water diverted to the ponds with caustic soda and flocculent once the ponds are built.
 
EPA Region 8 has been coordinating with Region 6 and Region 9 and the states of Colorado, New Mexico, Utah, Southern Ute Tribe and Navajo Nation.
For the latest information, photos, and the data when available, visit www.epa.gov/region6 .


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Gold King Mine Release Incident Silverton (San Juan County), CO - EPA Region VIII

Site Contact: Steven Way OSC Way.Steven@epa.gov County Road 52 Silverton (San Juan County), CO 81433 epaosc.org/GoldKingMine Latitude: 37.8945000 Longitude: -107.6384000 KML | RSS | location | area map | bookmark

On August 5, 2015, an EPA team working to investigate and address contamination at the Gold King Mine in San Juan County, Colorado, unexpectedly triggered a large release of mine waste water into the upper portions of Cement Creek. Initial estimates are that the release contained approximately one million gallons of water that was held behind unconsolidated debris near an abandoned mine portal. There were several workers at the site at the time of the breach, all were unharmed. STATEMENT - Gold King Mine Release Emergency Response: Initial estimates are that the release contained approximately one million gallons of water (estimated from the dimensions of the mine adit) that was held behind unconsolidated debris near an abandoned mine portal. There were several workers at the site at the time of the breach, all were unharmed. The large pulse of water dissipated in about an hour. Today the water in Cement Creek and the Animas River in Silverton is clearing. The adit is still discharging lower flows into Cement Creek. Today, EPA is rebuilding settling ponds to treat these flows – the upper pond will be completed by early afternoon, and the lower pond by COB or early tomorrow. EPA will treat the mine water diverted to the ponds with caustic soda and flocculent once the ponds are built. We expect conditions will continue to improve in the coming hours and days. As of 10 am today the leading edge of the plume was at 8 miles, as the crow flies (not river miles), from the New Mexico state line. We expect an update on that location later this afternoon. We will continue to coordinate with local, state, tribal and federal officials. EPA ‘s ASPECT (Airborne Spectral Photometric Environmental Collection Technology) arrived in Santa Fe, New Mexico, last evening to fuel up, and completed a preliminary overflight to determine how far downstream the release has traveled. The aircraft flew this morning from the New Mexico border to the mine to take photographs. The aircraft will fly the river again this afternoon. EPA is coordinating with ATSDR in response to public health concerns/questions associated with the mine waste plume. ATSDR has been in communication with local health officials at San Juan Basin Health Department in Colorado. Public health questions/concerns should be directed to Chris Poulet, ATSDR/R8 at 303-312-7013. EPA Region 8 has been coordinating with Region 6 and Region 9 and the states of Colorado, New Mexico, Utah, the Southern Ute Tribe and Navajo Nation. Region 6 is working closely with the New Mexico Environment Department to evaluate possible impacts in New Mexico. Potentially impacted water systems have been notified and precautions are in place to ensure drinking water in homes is protected. EPA and NMED are providing assistance to community water systems and closely monitoring the situation.

Crooks, Thieves Everywhere: Two Men Sentenced and Another Pleads Guilty in Las Vegas for International Biofuels Fraud Scheme

Wednesday, August 5, 2015

 

James Jariv, 64, of Las Vegas, Nevada, was sentenced in federal court in Las Vegas today to ten years in prison for his role in illegal schemes to generate fraudulent biodiesel credits and to export biodiesel without providing biodiesel credits to the United States.  Jariv was also ordered to make restitution in the amount of $6,345,830.91 and to forfeit between $4 to $6 million in cash and other assets.  

Jariv was the second defendant to be sentenced for the scheme.  Nathan Stoliar, 64, of Australia, was sentenced to two years in prison in April for his role in the conspiracy and ordered to pay more than $1.4 million in restitution and to forfeit of $4 million in cash.  In addition, in court papers unsealed last week, Alex Jariv, 28, also of Las Vegas, pleaded guilty in the scheme and his sentencing was scheduled for Aug. 18, 2015.

James Jariv and Stoliar both pleaded guilty to one count of conspiracy, one count of conspiracy to engage in money laundering, two counts of wire fraud and one count of making false statements under the Clean Air Act.  Alex Jariv pleaded guilty to one count of conspiracy to commit wire fraud, make false statements and launder monetary instruments.  

“This was an egregious scheme to defraud fuel suppliers, the United States, and a program designed to strengthen our nation’s petroleum independence and improve our air quality” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “We will not tolerate such fraud and will vigorously prosecute those who put their own enrichment above our nation’s interests.”

“Mr. Jariv and his co-defendant defrauded the United States government of millions of dollars through this biodiesel fraud scheme,” said U.S. Attorney Daniel Bogden for the District of Nevada.  “They used a Las Vegas company and Las Vegas bank accounts to facilitate the scheme.  Fortunately, in addition to convicting both defendants, we were able to seize and forfeit millions of dollars from numerous bank accounts, as well as real property in Nevada and California, jewelry and other assets.”

“EPA's criminal enforcement program goes after the most egregious offenders,” said Assistant Administrator Cynthia Giles for Enforcement and Compliance Assurance at EPA.  “For his role in undermining the Renewable Fuel Standard, developed to reduce the nation’s impact on climate change and lessen our dependence on foreign oil, Mr. Jariv is going to prison.   Let today’s sentence send a clear message to others who engage in biofuel fraud that EPA takes seriously its responsibility to bring violators of this important program to justice.”

The Energy Independence and Security Act of 2007 created a number of federally-funded programs that provided monetary incentives for the production and use of renewable fuels such as biodiesel in the United States.  Biodiesel producers and importers can generate and attach credits known as renewable identification numbers (RINs) to the gallons of biodiesel they produce or import.  Because certain companies (such as companies that sell transportation fuel in the United States) need RINs to comply with regulatory obligations, RINs have significant market value. 

 They are routinely bought and sold in the marketplace.  In addition, to ensure that RINs are generated for renewable fuel used only in the United States and in order to create an incentive for biodiesel in the United States to be used here, anyone who exports biodiesel is required to obtain these valuable RINs for all exported gallons and provide the RINs to EPA.    

Beginning around September of 2009, James Jariv and Stoliar operated and controlled a company -- City Farm Biofuel in Vancouver, British Columbia, Canada -- that represented itself as a producer of biodiesel from “feedstocks” such as animal fat and vegetable oils.  James Jariv and Stoliar also formed a company called Canada Feedstock Supply – that represented itself as City Farm’s supplier of feedstocks necessary to produce biodiesel.  James Jariv operated and controlled a company based in Las Vegas called Global E Marketing (GEM).  

Alex Jariv worked for and on behalf of these companies.  Using these three and other closely-held companies, the three defendants claimed to produce biodiesel at the City Farm facility and to import and sell biodiesel to GEM and then generated and sold RINs based upon this claimed production, sale and importation.  

In reality, no biodiesel produced at City Farm was ever imported and sold to GEM as claimed.  The Jarivs and Stoliar used GEM to claim to blend the biodiesel with petroleum diesel, allowing them to sell the RINs separately from any actual biodiesel.  Using this scheme, the three men falsely claimed to import, purchase and blend more than 4.2 million gallons of biodiesel.  They then sold the RINs, and fraudulently generated more than $7 million.  

James Jariv and Stoliar also purchased and resold RIN-less B-99 biodiesel as B-100 biodiesel, which allowed them to charge substantially more for this product than if it has been accurately labeled.  They exported significant amounts of the RIN-less B-99 they bought in the United States to Canada and Australia.  They then sold the biodiesel in those countries and conspired to not acquire and provide RINs to the United States for these exports as they were required to do by law.  In doing so, James Jariv and Stoliar failed to give to the United States RINs worth in excess of $34 million, keeping this money for themselves instead. 

Finally, James and Alex Jariv and Stoliar conspired to launder the proceeds of their crimes, utilizing foreign banking institutions and complex financial transactions to promote their illegal schemes and distribute the proceeds of their crimes.  Accounts were utilized in Canada, Nevada and Australia and transactions between the defendants’ closely-held companies were described as other legitimate transactions involving biodiesel, when in reality they were not.


The investigation into the Jarivs’ and Stoliar’s activities was the result of collaborative work by the EPA’s Criminal Investigation Division and the FBI, with assistance from the United States Secret Service, the Internal Revenue Service-Criminal Investigations, the Department of Homeland Security and the Royal Canadian Mounted Police. 

The case was prosecuted by Wayne D. Hettenbach of the Environmental Crimes Section, U.S. Department of Justice, Assistant U.S. Attorneys Crane M. Pomerantz and Daniel D. Hollingsworth of the U.S. Attorney’s Office in Nevada and Assistant Deputy Chief Darrin L. McCullough of the Justice Department’s Criminal Division, Asset Forfeiture and Money Laundering Section, with the assistance of the Justice Department’s Office of International Affairs and the U.S. Attorney’s Office for the Southern District of Texas.

Protect the Crazies so that they attack another theater: Justice Department Reaches Agreement with Los Angeles County to Implement Sweeping Reforms on Mental Health Care and Use of Force Throughout the County Jail System

Wednesday, August 5, 2015

The Justice Department has reached a comprehensive settlement agreement with the county of Los Angeles and the Los Angeles County Sheriff to protect prisoners from serious suicide risks and excessive force in the Los Angeles County Jails, announced Deputy Assistant Attorney General Mark J. Kappelhoff of the Civil Rights Division and U.S. Attorney Eileen M. Decker of the Central District of California.  

The settlement agreement was filed simultaneously with a complaint this morning alleging a pattern or practice of inadequate mental health care and excessive force at the jails in violation of prisoners’ federal constitutional rights.

 The Justice Department, together with the county and the Sheriff, has requested that the District Court enter the settlement agreement as an order to bring court oversight to the reforms, to ensure that the reforms are implemented fully and transparently, and to strengthen public confidence in the jails.

Today’s settlement resolves claims stemming from the Justice Department’s long-standing civil investigation into mental health care at the jails, which found a pattern of constitutionally deficient mental health care for prisoners, including inadequate suicide prevention practices.  In addition, the settlement agreement includes remedial measures to address a separate civil investigation into use of force by jails staff.  The Justice Department’s investigations involved an in-depth review of thousands of pages of documents and other records, on-site visits and interviews with numerous jails staff members, prisoners and others.  

The Justice Department was assisted by subject matter experts in the fields of mental health care, suicide prevention and correctional practices.  The county and the Sheriff cooperated with the civil investigations and have begun to implement many of the negotiated reforms in the settlement agreement, which was negotiated by attorneys in the Justice Department’s Civil Rights Division and the U. S. Attorney’s Office for the Central District of California.

“This historic settlement represents a renewed commitment by the county and Sheriff McDonnell to provide constitutionally adequate care for prisoners with serious mental illness,” said Deputy Assistant Attorney General Kappelhoff.  “The agreement also puts in place a structure that will help turn around a persistent culture in which the use of excessive force on prisoners was sometimes tolerated.  I want to thank the sheriff and county for their cooperation and leadership.  Their efforts are critical to the long-term success of this agreement.”   

“The Justice Department will continue to vigorously protect the federal civil rights of all individuals, including those who are imprisoned and who must depend on jail officials for their most basic needs and safety,” said U.S. Attorney Decker.  “The settlement agreement avoids protracted litigation and provides a blue print for durable reform that will foster continued collaboration among sheriff deputies, healthcare professionals and other stakeholders.  We commend the county and Sheriff McDonnell for their cooperation and for their commitment to make this historic settlement agreement possible.”

Under the settlement agreement filed today, the county and the Sheriff have agreed to implement comprehensive reforms to ensure constitutional conditions in the jails and restore public trust.  The settlement agreement will be court-enforceable once approved by the District Court and will be overseen by an independent monitor and a team of mental health and corrections experts.  The settlement agreement is designed to prevent and respond more effectively to suicides and self-inflicted injuries through measures that include:

• additional steps to recognize, assess and treat prisoners with mental illness, from intake to discharge;
  
• significant new training on crisis intervention and interacting with prisoners with mental illness for new and existing custody staff;
  
• improved documentation in prisoners’ medical and mental health records to ensure continuity of care;
  
• improved communication between custody and mental health staff and increased supervision of mentally ill and suicidal prisoners;
  
• steps to mitigate suicide risks within the jails;
  
• increased access to out-of-cell time for mentally ill prisoners; and
  
• improved investigation and critical self-analysis of suicides, suicide attempts and other critical events.
  

With respect to use of force, the settlement agreement expands critical reforms agreed to by the county and the Sheriff in Rosas v. McDonnell to cover all facilities within the jails system.  These reforms include:

• enhanced leadership and executive staff engagement;
  
• significant revisions to use-of-force policies, which should significantly reduce the use of excessive force, with added protections for use of force against prisoners with mental illness;
  
• enhanced training for custody and mental health staff;
  
• enhanced data collection and analysis;
  
• enhanced accountability measures, including use-of-force reporting, use-of-force reviews and discipline; and
  
• enhanced grievance procedures.
  

The Justice Department’s investigation was originally opened in 1996, under the Civil Rights of Institutionalized Persons Act (CRIPA).  The Justice Department found constitutional deficiencies in mental health care, suicide prevention and the use of excessive force against prisoners with mental illness.  In 2002, the Justice Department entered into a memorandum of agreement with the county and the Sheriff to address these concerns.  

Despite considerable progress over the years of monitoring the memorandum of agreement, the Justice Department concluded in 2014 that the jails were failing to provide adequate mental health care, including suicide prevention, and that conditions under which prisoners with mental illness were housed exacerbated the risk of suicide.

In addition, in 2013, the Justice Department initiated a separate civil investigation into allegations of use of excessive force by jails staff under both CRIPA and the Violent Crime Control and Law Enforcement Act of 1994.  While the use of force investigation was ongoing, the county and the Sheriff settled, the Rosas v. McDonnell class-action lawsuit, which alleged excessive force by jails deputies in three downtown facilities.  The settlement agreement incorporates all of the reforms in Rosas and extends them to all jails facilities to cover prisoners throughout the jails system. 

The civil investigations were conducted by attorneys and staff from the Civil Rights Division’s Special Litigation Section and the Civil Division of the U. S. Attorney’s Office for the Central District of California. 

56 Parties Agreed to Restore Significant Habitat in Washington State River to Resolve Natural Resource Damage Liability at the Thea Foss Waterway

Thursday, August 6, 2015

More than 56 parties have agreed to restore key salmon habitat on the White River, which flows through King and Pierce Counties in Washington State, to resolve their liability for natural resource damages caused by hazardous substances released into the Thea Foss and Wheeler-Osgood Waterways in Tacoma’s Commencement Bay, the Justice Department, National Oceanic and Atmospheric Administration (NOAA) and Department of the Interior announced today. 

The habitat project will reopen 121 acres of historic floodplain for salmon, and reduces future flood risk to nearby homes and businesses. The project results from the collaborative efforts of settling parties and natural resource trustees: NOAA, the Department of the Interior, the Washington State Department of Ecology, the Puyallup Tribe of Indians, and the Muckleshoot Indian Tribe.

Under a settlement filed in federal district court in Tacoma, the parties will fund the Countyline Levee Setback Project, which will restore and provide off-channel rearing habitat for salmon and steelhead on the Lower White River in the vicinity of Pacific, Auburn and Sumner, Wash. The White River is one of the Puget Sounds’s most important watersheds for imperiled salmon and steelhead. The project will also help reduce the risk of flood damage for more than 200 nearby homes and businesses by allowing floodwaters more room to flow without damage.

The parties will monitor and adaptively manage the project under a 10-year plan that ensures at least 32.5 acres of the site are inundated by the river and thus accessible to fish. The parties also will pay more than $1 million towards the natural resource trustees’ assessment, oversight and the long-term stewardship costs maintaining the environmental value of the project over the next 100 years and beyond.

“This settlement is an important step toward repairing damaged natural resources from pollution in Commencement Bay, restoring critical salmon habitat in the area watershed, and reducing flooding for residents,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “Through this settlement, we are again demonstrating our commitment to protecting and restoring vital natural resources in the Northwest, which will result in lasting benefits to people and their environment.”

The settling parties consist of companies, individuals, and government entities who are past or current owners and/or operators of or successors to facilities that released hazardous substances to the waterways.   For many decades, the Thea Foss and Wheeler Osgood waterways received discharges of wastewater, chemical wastes, sludges, and miscellaneous industrial waste from a variety of industrial sources and sewers.  The contaminants discharged to the waterways include PCBs, PAHs, cadmium, lead and zinc.  Bis-2-ethyl hexylphthalate also was discovered to be widespread throughout the Thea Foss waterway at significant levels associated with biological effects.

This is the 20th natural resources settlement related to pollution in Commencement Bay, long the industrial heart of Tacoma. Through these settlements, more than 350 acres of salmon habitat will have been restored to offset the injuries to salmon and other fish from pollution of Commencement Bay.

“This is a great example of how providing sound habitat for our special salmon species provides benefits for people as well,” said General Counsel Lois Schiffer, NOAA.  “These approaches improve the resilience of Northwest Communities.”
The settlement resolves the natural resource trustees’ claims against the settling parties, which are contained in a complaint filed with the consent decree.  The complaint asserts claims for natural resource damages in Commencement Bay under the Superfund statute, the Clean Water Act, the Oil Pollution Act, and Washington’s Model Toxics Control Act.

The consent decree, lodged in the U.S. District Court for the Western District of Washington, is subject to a 30-day public comment period and approval by the federal court.  A copy of the consent decree is available on the Justice Department website at www.justice.gov/enrd/Consent_Decrees.html.

Leon Benzer, 48, a Former Construction Boss with Silver Lining Construction, Sentenced to More Than 15 Years for Role in $58 Million Scheme to Fraudulently Control Homeowners’ Associations Along with a Crooked Lawyer

Department of Justice

Office of Public Affairs

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FOR IMMEDIATE RELEASE

Thursday, August 6, 2015

A former construction boss from Las Vegas was sentenced today to 188 months in prison for his role in a $58,141,275 million scheme to fraudulently gain control of condominium homeowners’ associations (HOAs) in the Las Vegas area to secure construction and other contracts for himself and others.  

Forty-two individuals have been convicted of crimes in connection with the scheme.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Laura A. Bucheit of the FBI’s Las Vegas Office, Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department and Chief Richard Weber of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.

Leon Benzer, 48, pleaded guilty on Jan. 23, 2015, to one count of conspiracy to commit mail and wire fraud, 14 counts of wire fraud, two counts of mail fraud and two counts of tax evasion.  In addition to imposing the prison term, U.S. District Judge James C. Mahan of the District of Nevada ordered Benzer to pay restitution in the amount of $13,294,100.

“Leon Benzer recruited and paid off puppets to serve on homeowners’ boards so that they would steer lucrative contracts to his company and cronies,” said Assistant Attorney General Caldwell.  “Far from enjoying their corrupt proceeds, however, Benzer and his co-conspirators will serve years behind prison bars.”

“This sentence serves as a reminder of the FBI's dedication and commitment to investigate, apprehend and prosecute criminals that prey on innocent and unsuspecting consumers,” said Special Agent in Charge Bucheit.

“When Leon Benzer named his company, Silver Lining Construction, he probably wasn’t aware of the IRS Criminal Investigation Division and the expertise of our special agents when it comes to putting pieces of a puzzle together to build a picture of fraudulent activity,” said Chief Weber.  “Benzer manipulated and bribed HOA boards in order to enrich himself and his co-conspirators at the expense of American taxpayers.  Not only did he try to hide the proceeds of his crimes in order to evade paying taxes, but he failed to pay his employment taxes.  Today, justice was served and the “silver lining” that Benzer anticipated was not realized thanks to the work of IRS-CI and our law enforcement partners.”

In connection with his guilty plea, Benzer admitted that, from approximately August 2003 through February 2009, he and an attorney developed a scheme to control the boards of directors of HOAs in the Las Vegas area.  

According to plea documents, Benzer and his co-conspirators recruited straw buyers to purchase condominiums and secure positions on HOAs’ boards of directors.  Benzer admitted that he paid the board members to take actions favorable to his interests, including hiring his co-conspirator’s law firm to handle construction-related litigation and awarding remedial construction contracts to Benzer’s company, Silver Lining Construction. 

The case was investigated by the FBI, IRS-CI and the Las Vegas Metropolitan Police Department’s Criminal Intelligence Section.  The case was prosecuted by Deputy Chief Charles La Bella and Trial Attorneys Thomas B.W. Hall and Alison Anderson of the Criminal Division’s Fraud Section.

Port Operations Restricted at Typhoon-Ravaged Saipan Island

Saturday, 08 August 2015 14:36 

  Written by AdminSailor 

 The United States Coast Guard (USCG) has reported restrictions to port operations at the Port of Saipan, after Typhoon Soudelor hit the Northern Mariana Islands in the western Pacific Ocean, a commonwealth of the United States, the Inchcape Shipping Services Guam reports.

As a result of the restrictions, the Port of Saipan will accept vessels during daytime hours from Friday, August 7, with no docking and undocking before sunrise and after sunset.

Until further notice, port operations for loading and unloading operations will also occur during daytime hours only. The restrictions apply to all types of vessel.

Typhoon Soudelor hit Saipan on Sunday, August 2, the first time a typhoon has hit the island since 1968.

The island still has no water or electricity and a state of Major Disaster and Significant Emergency has been declared for Saipan, Tinian, Rota and the Northern Islands.

Almost 600 road work zone fatalities occur nationwide every year: "You'd be surprised how many people go through the traffic barrels when you're working on the road" "It's a dangerous job because people go by you at 50 or 60 miles per hour."

DOT worker injured by motorist: 'It's a dangerous job'

  By Maura Grunlund | grunlund@siadvance.com
on August 07, 2015

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Billy Heidler Sr., a DOT worker, was injured on the job. (Advance File Photo)

 

 

STATEN ISLAND, N.Y. --  

Dodging dangerous drivers who careen through work zones on Staten Island is a daily on-the-job hazard for Billy Heidler Sr., the city Department of Transportation worker says.

"The public doesn't know how much of a dangerous job it is," said Heidler of Great Kills.

He says his luck ran out when he was struck and injured by a motorist while on the job as a DOT highway repairman in Eltingville on the afternoon of July 16.

A woman driving a car on Genesee Avenue near Richmond Avenue ignored the stop sign being held by a DOT worker and hit a barrel near where Heidler was working and crashed into the work zone at about 12:30 p.m., he said. The front tire of her car ran over Heidler's right foot and the rear tire of her car struck his right knee, he said. 

"I was in a lot of pain," he recalled.

He was treated at Staten Island University Hospital in Ocean Breeze and says he will need further medical care for his injuries.

The DOT confirmed that Heidler was injured in a work zone. The NYPD did not have any information about the accident or the driver. An anonymous caller notified the Advance of the accident.

The Heidler family has had more than its share of challenges. Billy Heidler Jr., now 22 and living with his mother in Florida, was born with a rare condition where his eyes didn't form properly.

Heidler has reason to be concerned, because an average of nearly 600 work zone fatalities occur nationwide every year, according to the city DOT website. A total of seven city DOT workers have died in work zone incidents in the last two decades and 22 city DOT workers have been injured in work zones since 2009
City DOT worker Nick Antico of Willowbrook was killed in 2005 when he was hurled 50 feet through the air by a speeding SUV as he worked with an overnight repaving crew in Castleton Corners.

Staten Islander drivers complain about potholes and other poor road conditions, but then risk the lives of the people tasked with solving those problems by disrespecting necessary safety measures at work zones, Heidler believes.


Verbal abuse from motorists is the least of his worries. Many drivers ignore the worker whose job it is to direct traffic safely past the work zone, Heidler said.
"They give you an argument because the road is closed," Heidler said of drivers who often falsely claim that they live or are employed on the street where the work zone is located.

"You got to be watching behind your back constantly," Heidler said.

Virtually every day a driver careens past barrels, warning signs and other safety barriers and into the work zone. If the workers are lucky,  the driver speeds away without injuring anybody on the process.

"You'd be surprised how many people go through the barrels when you're working on the road," Heidler said. "It's a dangerous job because people go by you at 50 or 60 miles per hour."

Worker Dies in Accident at Disabled Japan Nuclear Plant

FILE - Workers wearing protective gears stand on the water tank that stores contaminated water at the Fukushima Dai-ichi nuclear power plant in Okuma, Fukushima prefecture, northeastern Japan, Nov. 12, 2014.


















Associated Press

August 08, 2015 12:44 PM

TOKYO, JAPAN— 


A worker at Japan's wrecked nuclear power plant died after the hatch at the back of a truck closed on his head Saturday, the latest mishap at a complex still struggling with the cleanup from the 2011 Fukushima disaster. 


The operator of the Fukushima Dai-ichi plant said the 52-year-old man was rushed to a nearby hospital but was pronounced dead soon after. 


A man who was working with the victim told plant officials that he found him slumped at the back of a 7.9-meter-long (32-foot) tank truck used to transport underground water and dirt dug from a frozen wall construction site to a dump site, according to the operator, Tokyo Electric Power Co. 


The co-worker told TEPCO officials that minutes before the incident, the victim indicated to him that he had finished cleaning and inspecting the truck's tank and wanted him to close the hatch, TEPCO spokesman Shinichi Nakakuki said.

The co-worker said he then closed the hatch using a lever behind the driver's compartment. Officials said that he most likely could not see his partner at the back of the truck from that position. 


Difficulties 


The workers' full-face masks and helmets make it difficult to communicate.

There were no other workers present at the site of the incident. 


TEPCO officials said they did not know why the victim could not escape when the hatch started coming down, or whether any screaming was heard. 


Police are investigating the incident, said TEPCO, which did not disclose the victim's name. 


The decades-long decommissioning of the plant, which was wrecked in the March 2011 earthquake and tsunami that devastated northeastern Japan, involves thousands of workers. 


The number of accidents last year, including injuries and sickness, doubled to 64 from a year earlier. Saturday's death, the second this year, occurred weeks after the government and TEPCO announced plans to slow down projects to improve safety. In January, a worker died after accidentally falling from atop a storage tank. 


The two men involved in Saturday's incident were assigned to the truck used at the site where a frozen underground wall is being installed near highly contaminated reactor buildings, a project aimed at curbing a contaminated water problem hampering the decommissioning of the plant.