San Juan, Puerto Rico – Aireko Construction Company was sentenced to a $1.5 million fine and three years of probation in August 2017 for knowingly violating federal environmental regulations during an illegal asbestos removal operation at the Minillas North Tower in May 2012. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division, revealed a blatant disregard for public health and safety, exposing approximately 450 individuals to dangerous asbestos fibers.
According to court documents, a sub-contractor working for Aireko removed roughly 550 square feet of asbestos-containing stucco ceiling material from the 9th floor of the Minillas North Tower over a weekend – May 11-13, 2012. Critically, this work was conducted *without* adhering to any of the Asbestos Work Practice Standards mandated by federal law. The hazardous material was improperly disposed of in the building’s trash area, creating a significant risk of airborne contamination.
The illegal removal remained undiscovered until May 14, 2012, when Aireko employees identified the asbestos. However, the company failed to immediately report the release to the National Response Center (NRC), as legally required. This delay prompted an EPA investigation, which confirmed widespread asbestos contamination throughout the building. The Puerto Rico Building Authority subsequently ordered the tower closed, and a year-long cleanup operation ensued.
Legal Ramifications and Penalties
Aireko Construction Company was found guilty of violating multiple federal statutes, including Title 18 U.S. Criminal Code, the Clean Air Act (specifically 42 U.S.C. 7413(c)(1)), and the Cleanup/Superfund provisions (42 U.S.C. 9603(b)(3)). The $1.5 million fine and three-year probation period represent a substantial penalty for the company’s negligence. Furthermore, as part of a plea agreement, Aireko was ordered to pay $172,020 to cover the cost of baseline and follow-up medical examinations for those exposed to the asbestos fibers. This ensures that victims have access to necessary health monitoring.
The severity of the crime is underscored by congressional findings that *no* level of asbestos exposure is considered safe for unprotected individuals. Asbestos is a known carcinogen, and exposure can lead to debilitating and often fatal diseases, including lung cancer, mesothelioma, and asbestosis. The EPA’s aggressive pursuit of this case highlights the agency’s commitment to protecting public health and holding companies accountable for environmental crimes.
Key Facts
- Defendant: Aireko Construction Company
- Location: Minillas North Tower, San Juan, Puerto Rico
- Date of Offense: May 2012
- Crime: Illegal asbestos removal and failure to report a hazardous material release
- Statutes Violated: Title 18 U.S. Criminal Code, 42 U.S.C. 7413(c)(1), 42 U.S.C. 9603(b)(3)
- Penalty: $1.5 million fine, 3 years probation, $172,020 for medical examinations
- Victims: Approximately 450 individuals exposed to asbestos fibers
- Individual Conviction: Aireko Vice President Edgardo Albino pleaded guilty to failing to report the release and received a $15,000 fine and 36 months probation (September 27, 2016).
Howard P. Stewart, Senior Litigation Counsel with the Department of Justice’s Environmental Crimes Section, and Assistant United States Attorney Carmen M. Marquez prosecuted the case, demonstrating a coordinated effort to enforce environmental regulations and secure justice for the affected community.
Source: EPA ECHO Enforcement Case Database
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