Environmental Crimes—Removing Asbestos Illegally

A New York asbestos-removal company has been indicted on charges that it removed asbestos without notifying the Environmental Protection Agency [hereinafter EPA].^[1] Lambert’s Asbestos Removal Service, Inc., is charged with conspiracy to violate the Clean Air and Clean Water Acts, and to commit mail fraud.^[2] In May, the company’s general manager, James Todd, pleaded guilty in a similar conspiracy charge.^[3]

Clean Air Act
42 U.S.C. § 7413(c)(1) is the criminal enforcement provision of the Clean Air Act.^[4] This section states that any person who knowing violates any requirement or prohibition of an “applicable implementation plan,” any orders made by the Administrator,^[5] or requirements under a handful of statutes—including section 7412, which classifies asbestos as a hazardous air pollutant^[6]—can be punished by a fine, imprisonment for up to five years, or both. If a person is convicted under this section after having previously been convicted under this section, the maximum punishment will be doubled with respect to both the fine and imprisonment.

Clean Water Act
33 U.S.C. § 1319(c)(2)(B) contains the criminal enforcement provisions of the Clean Water Act.^[7] It states that any person who knowing introduces any pollutant or hazardous substance into a sewer system can be punished by a fine of not less than $5,000 and not more than $50,000 per day of violation, imprisonment for up to 3 years, or both. If a person is convicted under this section after having previously been convicted under this section, the punishment will be a fine of not more than $100,000 per day of violation, imprisonment for up to 6 years, or both.

Mail Fraud
We have previously discussed mail fraud here.

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[1] Company Charged With Illegally Removing Asbestos, Associated Press, Oct. 13, 2005, available here.
[2] Id.
[3] Id.
[4] 42 U.S.C. § 7401 et seq.
[5] “Administrator” refers to the Administrator of the EPA. See 42 U.S.C. § 7602(a).
[6] See 42 U.S.C. § 7412(b)(1).
[7] 33 U.S.C. § 1251 et seq.