Leathley Blatche, Asbestos Discharge, New York 2012

New York – Aapex Environmental, along with principals involved in a large-scale asbestos abatement project, faced federal charges and penalties following an investigation into improper handling and disposal of the hazardous material. The case, originating in 2006 and concluding with sentencing in late 2012 and early 2013, revealed a pattern of negligence and disregard for both worker safety and environmental regulations.

The Environmental Protection Agency (EPA) brought the criminal enforcement case against Aapex Environmental, and individuals Leathley and Blatche, after discovering they allegedly discharged asbestos-containing wastewater directly into the drainage system. The violations occurred during the removal of approximately 220,000 square feet of friable asbestos spray-on material – a particularly dangerous form of the substance due to its easily airborne fibers. Crucially, the defendants were also accused of failing to adhere to National Emission Standards for Hazardous Air Pollutants (NESHAP) work practice standards, designed to minimize asbestos release during abatement activities.

The legal proceedings unfolded over several years. In November 2006, Blatche was initially charged with conspiracy, a violation of Title 18 U.S. Criminal Code Section 371. Aapex Environmental was added to the indictment in June 2008, also facing a conspiracy charge. Leathley was also charged with conspiracy and later entered a guilty plea, setting the stage for sentencing. The protracted timeline underscores the complexity of environmental crime investigations and prosecutions.

The case reached a resolution in March 2012 when Aapex Environmental pled guilty. The company was sentenced to 24 months of probation, a $63,200 federal fine, and ordered to pay $75,000 in restitution to those impacted by the illegal disposal. Shortly after, in April 2012, Blatche also pled guilty and received a 36-month probationary sentence. Leathley’s sentencing followed in December 2012, with a 60-month probation period and a substantial restitution order of $301,386.

The specific statutes violated included 42 U.S.C. 7413(c)(4), relating to knowingly endangering another person through the violation of clean air laws, and Title 18 U.S. Criminal Code, specifically the conspiracy charges. The penalties levied – fines, probation, and restitution – reflect the seriousness with which federal authorities treat asbestos-related crimes, given the well-documented health risks associated with exposure.

Table of Contents

Key Facts

Defendant: Aapex Environmental, Leathley, and Blatche
State: New York
Year: 2013 (sentencing completed)
Crime: Improper asbestos abatement and disposal
Statutes Violated: 42 U.S.C. 7413(c)(4), Title 18 U.S.C. 371
Penalties: Aapex – 24 months probation, $63,200 fine, $75,000 restitution. Blatche – 36 months probation. Leathley – 60 months probation, $301,386 restitution.
Asbestos Amount: 220,000 square feet of friable asbestos spray-on material

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Source: EPA ECHO Enforcement Case Database

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