Kentucky Salvage Owner Jailed for Asbestos Violations

BOWLING GREEN, Ky. – Timothy J. Smith, owner of S&S Salvage, LLC., is trading the salvage yard for a jail cell. The Webster County businessman was sentenced this week to 90 days incarceration and two years of probation for a negligent violation of the Clean Air Act, a Class A Misdemeanor. Magistrate Judge H. Brent Brennenstuhl handed down the sentence, a clear signal that cutting corners on environmental safety will not be tolerated.

Smith, of Providence, Kentucky, admitted in court on November 30, 2016, to recklessly disregarding safety regulations during the demolition of the former Goodyear Tire plant in Madisonville. The details paint a picture of blatant disregard for both worker safety and the surrounding community. This wasn’t a simple oversight; it was a calculated risk with potentially devastating consequences.

According to court documents, a Madisonville City Inspector first flagged the issue in January 2014, informing S&S Salvage management that a ten-day notice was required before any demolition due to the presence of asbestos. But on February 19, 2014, the inspector found Smith’s crew actively tearing into the building, using acetylene torches to dismantle a boiler and pipes – spewing potentially lethal asbestos fibers into the air. Workers weren’t wearing respirators, and crucial wetting procedures to contain the hazardous material were ignored. Samples confirmed asbestos content ranging from 10 to 20%.

“These federal safety guidelines for hazardous materials exist to protect us – to protect workers and protect the community,” stated United States Attorney John Kuhn. “Mr. Smith repeatedly disregarded these guidelines, thereby putting the safety and health of others at risk. Our fervent hope is that 90 days of incarceration will encourage Mr. Smith and others to think long and hard before once again violating regulations that ensure worker and community safety.” It’s a strong statement, but whether it’s enough to deter others remains to be seen.

This wasn’t Smith’s first brush with environmental law. Investigators revealed two prior enforcement actions by the Kentucky Department of Environmental Protection involving demolition projects where Smith failed to provide required notices or environmental surveys. He readily admitted his guilt to EPA/CID Agents on May 25, 2016, acknowledging his failure to follow proper procedures before dismantling the boilers and pipes at the Commerce Drive location.

Assistant United States Attorney Randy Ream prosecuted the case, with a thorough investigation conducted by the Kentucky Division of Air Quality and the United States Environmental Protection Agency – Criminal Investigation Division. The message is clear: knowingly exposing workers and communities to hazardous materials will result in federal prosecution. The demolition of the Goodyear plant may have been intended to salvage materials, but Smith ultimately salvaged a criminal record.