We've warned about improper asbestos handling and removal before. Here's another example of why.
A man convicted last year of illegally removing, handling and disposing of asbestos at a Kankakee, Illinois building has been sentenced to ten years in federal prison. According to an EPA press release, Duane "Butch" O'Malley was also ordered to pay more than $47,000 to the EPA related to the cleanup, plus a $15,000 fine.
Prosecutors said employees of O'Malley's company, Origin Fire Protection, removed asbestos from insulation, loaded it in unmarked bags and dumped the bags in an open field.
Showing posts with label Asbestos. Show all posts
Showing posts with label Asbestos. Show all posts
Friday, July 27, 2012
Monday, March 21, 2011
Iowa Building Owner Guilty of Improper Asbestos Removal
The owner of a building in Des Moines, Iowa, pleaded guilty in federal court today to conspiracy to violate the Clean Air Act and violating the Act's provisions relating to asbestos removal. The Act requires building owners to follow certain work practice standards to ensure that any asbestos in their buildings is removed safely. Required safety measures include notifying the appropriate regulatory agency before commencing removal activities, wetting the asbestos during the removal and before disposal, and properly disposing of the asbestos at an EPA-approved disposal site.
In the plea agreement, Bob Knapp admitted to overseeing the renovation project from 2006 through February 2008, which involved converting several floor of the building into luxury residential condominium units and renovating other floors to attract additional commercial tenants. He also admitted that he conspired with another defendant to remove asbestos-containing materials ("ACMs") from the building without complying with the Act's requirements. While Knapp was overseeing the project, ACMs were removed and disposed of in an uncovered dumpster.
Knapp will be sentenced to between 33 and 41 months in prison and may be required to pay a fine of up to $250,000. A sentencing date has not yet been set.
Wednesday, February 25, 2009
Asbestos Convictions in New York
Let's get the ball rolling here. We'll start with a simple announcement about an enforcement action to ease our way into blogging.
Earlier this month, a federal judge sentenced two operators of asbestos abatement companies to prison for illegally removing and disposing of asbestos in upstate New York. John Wood was sentenced to four years in prison, required to pay restitution of $854,166.06 to victims, and placed on supervised release for three years following the completion of his prison term. Curtis Collins was sentenced to two years in prison, required to pay restitution of $114,902.89, and ordered to serve three years of supervised release.
Both defendants pleaded guilty to conspiring to violate the federal Clean Air Act and the mail fraud statute. Wood also pleaded guilty to contempt of court for numerous new asbestos-related crimes which he committed while awaiting trial on the original charges. (Can you say "Darwin Awards candidate"??)
In 2005, after being released from prison for unrelated felonies, Wood began operating an asbestos abatement company. He directed his employees to remove asbestos in a way which, rather than removing all asbestos, dispersed it and left substantial quantities behind, significantly contaminating numerous businesses and homes. Some of asbestos which was removed was buried on a farm which was cleaned up using Superfund monies.
In order to deceive clients into believing that the asbestos had been removed from their properties, Wood used Mark Desnoyers, a licensed air monitor. Desnoyers falsified air samples so that laboratory results appeared to prove that all asbestos had been removed from homes and business when, in fact, they remained seriously contaminated. Wood previously testified against Desnoyers at trial.
Collins worked for Wood and also ran his own asbestos abatement company. He pleaded guilty and cooperated with prosecutors by testifying against Desnoyers at trial.
Desnoyers was convicted on all counts of an indictment charging him with conspiracy to commit mail fraud and Clean Air Act violations, as well as related substantive violations. Desnoyers is scheduled to be sentenced next month.
This just goes to show that you've got to be careful who you hire to remove asbestos from your properties. The property owners who hired Wood and Collins had to pay a lot more to remediate their properties than they would have spent had they hired a competent, reputable contractor in the first place. They will likely never recover the money Wood and Collins have been ordered to pay in restitution.
Earlier this month, a federal judge sentenced two operators of asbestos abatement companies to prison for illegally removing and disposing of asbestos in upstate New York. John Wood was sentenced to four years in prison, required to pay restitution of $854,166.06 to victims, and placed on supervised release for three years following the completion of his prison term. Curtis Collins was sentenced to two years in prison, required to pay restitution of $114,902.89, and ordered to serve three years of supervised release.
Both defendants pleaded guilty to conspiring to violate the federal Clean Air Act and the mail fraud statute. Wood also pleaded guilty to contempt of court for numerous new asbestos-related crimes which he committed while awaiting trial on the original charges. (Can you say "Darwin Awards candidate"??)
In 2005, after being released from prison for unrelated felonies, Wood began operating an asbestos abatement company. He directed his employees to remove asbestos in a way which, rather than removing all asbestos, dispersed it and left substantial quantities behind, significantly contaminating numerous businesses and homes. Some of asbestos which was removed was buried on a farm which was cleaned up using Superfund monies.
In order to deceive clients into believing that the asbestos had been removed from their properties, Wood used Mark Desnoyers, a licensed air monitor. Desnoyers falsified air samples so that laboratory results appeared to prove that all asbestos had been removed from homes and business when, in fact, they remained seriously contaminated. Wood previously testified against Desnoyers at trial.
Collins worked for Wood and also ran his own asbestos abatement company. He pleaded guilty and cooperated with prosecutors by testifying against Desnoyers at trial.
Desnoyers was convicted on all counts of an indictment charging him with conspiracy to commit mail fraud and Clean Air Act violations, as well as related substantive violations. Desnoyers is scheduled to be sentenced next month.
This just goes to show that you've got to be careful who you hire to remove asbestos from your properties. The property owners who hired Wood and Collins had to pay a lot more to remediate their properties than they would have spent had they hired a competent, reputable contractor in the first place. They will likely never recover the money Wood and Collins have been ordered to pay in restitution.
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