SOUTH POINT, OH – Mark Harris, the former majority owner and operator of South Point Biomass Generation LLC, was sentenced this week for knowingly violating federal clean air regulations while dismantling a former coal-fired power plant in South Point, Ohio. The case, investigated by the Environmental Protection Agency (EPA), reveals a deliberate and dangerous disregard for public health and environmental safety in pursuit of financial gain.
Harris acquired the Collins Avenue power plant in 2008 with plans to convert it to a renewable energy facility. However, a pre-acquisition asbestos survey identified a substantial presence of the hazardous material – nearly 224,000 square feet – throughout the boiler room. Despite this knowledge, Harris proceeded with a large-scale scrap metal removal operation beginning in 2011, actively directing workers to strip asbestos-containing materials from pipes and equipment *without* proper containment or disposal procedures.
Court documents detail how Harris specifically instructed others to cut through asbestos warning labels to access the more valuable metal underneath. Over two and a half million pounds of metal were removed and sold as scrap between 2011 and October 2013, leaving layers of disturbed asbestos scattered across all six floors of the plant. This reckless action created a significant airborne hazard, potentially exposing workers and the surrounding community to the deadly fibers.
Legal Ramifications
Harris pleaded guilty to one count of violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(1), which prohibits knowingly failing to properly remove asbestos-containing materials before demolition or renovation. The EPA’s criminal enforcement program targets those who knowingly endanger public health and the environment through illegal asbestos handling. The agency emphasizes that proper asbestos abatement is crucial to prevent serious respiratory illnesses, including lung cancer and mesothelioma.
Sentencing and Community Impact
On September 5, 2019, Harris received a sentence of two days in prison, followed by 58 days of house arrest, and 200 hours of community service. While the EPA has secured a conviction, local residents express concern that the sentence is insufficient given the severity and prolonged nature of the violation. The cleanup of the remaining asbestos at the South Point facility remains an ongoing process, funded by responsible parties and overseen by environmental agencies.
Key Facts
- Defendant: Mark Harris
- Location: South Point, Ohio
- Year of Offense: 2011-2013
- Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Asbestos Quantity: Approximately 224,000 square feet identified in initial survey
- Metal Removed: Over 2.5 million pounds of scrap metal containing asbestos
- Sentence: 2 days prison, 58 days house arrest, 200 hours community service
The GrimyTimes will continue to follow this case and report on the ongoing asbestos remediation efforts at the former South Point Biomass Generation plant. This incident serves as a stark reminder of the potentially fatal consequences of prioritizing profit over public safety and environmental responsibility.
Source: EPA ECHO Enforcement Case Database
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