HOUSTON, August 4 - Patrick H. Stinson, of Conroe, Texas, has been sentenced to two years probation for violating the Animal Health Protection Act (AHPA), United States Attorney Don DeGabrielle announced today. The violation occurred in connection with the operation of his business, Marine Waste Services, in the receipt and storage of certain waste products collected from commercial shipping vessels arriving in the Southern District of Texas after traveling to foreign ports. This is the first criminal enforcement of the 2002 Animal Health Protection Act in the Southern District of Texas.
Under the AHPA and the Plant Protection Act, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has authority to regulate the handling and movement of certain foreign waste products to prevent the spread of foreign plant pests and livestock or poultry diseases. Commonly referred to in the industry as “APHIS waste” or “regulated garbage,” these products are generally defined as all food, plant and animal waste, and all material coming in contact with such waste, generated onboard any means of conveyance during movements to or from foreign locations. The entry of regulated garbage into the United States is strictly prohibited unless handled and disposed of by authorized individuals or entities using strict biosecurity measures as required by the applicable regulations. To become authorized to handle regulated garbage, an individual or entity must enter into a compliance agreement with APHIS whereby the waste removal entity agrees to handle the regulated garbage in accordance with the regulations contained in 9 C.F.R. § 94.5 as well as the requirements set forth in the compliance agreement. Stinson, on behalf of his d/b/a Marine Waste Services, entered into several compliance agreements with APHIS and the Department of Homeland Security - Customs and Border Protection (DHS-CBP) to transport and dispose of regulated garbage from a variety of ports in the Southern District of Texas, including the ports of Houston and Galveston. Stinson’s compliance agreements required, among other things, submission of a log of all regulated waste collected during each month to DHS-CBP and required that any regulated waste stored prior to sterilization or incineration be kept in covered, leak-proof, rodent and bird-proof containers. Based upon information received from the Harris County Constable’s Environmental Crime Unit, APHIS and DHS-CBP began an investigation during the summer of 2005 to determine whether Stinson was adhering to his compliance agreements and the applicable regulations in his handling of regulated waste. The investigation revealed that on Oct. 3, 2005, Stinson was maintaining regulated garbage in open-top bins rather than in the required covered and protected containers. Investigators also determined Stinson had failed to submit monthly logs notifying DHS-CBP of his receipt of regulated garbage, including the log for the month of March 2005.
In addition to the sentence imposed, U.S. Magistrate Judge Frances H. Stacy ordered Stinson to pay $10,000 in restitution to Republic Waste, a waste collection entity that incurred costs in October 2005 due to Stinson’s misconduct. As part of his plea agreement, Stinson is also forbidden from entering into a compliance agreement with APHIS to handle regulated garbage in the future.The criminal charges are the result of a multi-jurisdictional, multi-agency investigation led by the USDA, APHIS with the assistance of DHS-CBP and the Harris County Precinct 1 Constable’s Environmental Crimes Unit. This case was prosecuted by Assistant United States Attorney Jason Varnado.
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