Salt Lake City, UT – A Utah roofing contractor and its owner faced criminal charges and penalties following the illegal disposal of asbestos-containing materials in 2006, with sentencing concluding in 2008. A-1 Restoration, contracted to remove asbestos roofing from a commercial building, engaged in a pattern of reckless disposal that contaminated rail lines and storm drains, ultimately impacting the environment and requiring costly remediation.
According to court documents, A-1 Restoration was subcontracted by a sheet metal company tasked with replacing the roof of an unidentified building. During the removal of transite roofing panels, heavy snowfall created a logistical problem. Instead of properly containing and disposing of the asbestos-laden snow, owner Christopher Hernandez directed employees to shovel the material onto rail cars parked adjacent to the building. These rail cars subsequently departed, spreading the hazardous substance along the tracks.
The improper disposal didn’t end there. Hernandez also personally loaded asbestos-contaminated snow into a contractor’s truck and instructed the driver to dump it at three pre-determined locations. Critically, two of these dumpsites were situated near storm water drains, allowing melted snow to carry the asbestos fibers directly into the local drainage system. This posed a significant public health risk and environmental hazard.
Legal Ramifications and Penalties
On May 31, 2006, A-1 Restoration and Hernandez were formally charged with violating Utah state environmental laws, specifically Utah Administrative Rule R307-801. Hernandez faced one count of the offense. After a period of legal proceedings, Hernandez pled guilty on March 10, 2008, and was sentenced to an indeterminate term of imprisonment, not to exceed 60 months. No financial fine was levied against him.
A-1 Restoration itself entered a no-contest plea to two counts on September 15, 2008. The company received a probationary sentence of 36 months, along with a suspended $5,000 federal fine. More significantly, A-1 was ordered to pay $60,394 in restitution to Weyerhaeuser, Inc., to cover the costs associated with cleaning up the illegally abandoned asbestos waste. The incident highlights the severe consequences of failing to adhere to strict regulations governing the handling and disposal of hazardous materials.
Key Facts
- Defendant: A-1 Restoration & Christopher Hernandez
- Crime: Illegal Asbestos Disposal
- State: Utah
- Year: 2008
- Statute Violated: Utah A.R. 307-801
- Hernandez Sentence: Up to 60 months incarceration
- A-1 Restoration Sentence: 36 months probation, $5,000 suspended fine, $60,394 restitution
- Disposal Method: Shoveling onto rail cars and dumping near storm drains
- Victim/Restitution Recipient: Weyerhaeuser, Inc.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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