Alex Feinman, Environmental Crime, PA 1989

Philadelphia, PA – In 1989, Alex Feinman was sentenced to a year in prison for his role in a hazardous waste scheme involving the illegal disposal of asbestos and failure to report a release of a hazardous substance. The case, investigated by the Environmental Protection Agency (EPA), exposed a pattern of negligence and deliberate violations of federal environmental laws by HMC Recycling Corp., a Philadelphia-based company engaged in scrap metal recycling, demolition, and asbestos removal.

The investigation began to unfold with the arrest of truck driver Walter Boone on February 12, 1989, and again on March 28, 1989. Boone was directly involved in the transportation and illegal dumping of asbestos, a known carcinogen, at an unpermitted facility. Federal prosecutors quickly expanded their focus to include Feinman, identified as a principal in HMC Recycling, and another unnamed individual. All three were indicted on December 29, 1988, facing a five-count indictment alleging conspiracy, illegal asbestos disposal, and failure to report hazardous substance releases.

The indictment detailed how Feinman, through contractual agreements, directed the improper handling and disposal of asbestos-containing materials, circumventing regulations designed to protect public health and the environment. The charges stemmed from violations of several key federal statutes. Specifically, the defendants were accused of violating the Clean Air Act (CAA) sections 112(c)(1)(B), 112(e), and 113(c)(1)(C) [42 U.S.C. 7412(c)(1)(B), 7412(e), and 7413 (c)(1)(C)], which govern the handling and disposal of hazardous air pollutants like asbestos. They were also charged with violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sections 102(b) and 103(b)(3) [42 U.S.C. 9602(b) and 9603(b)(3)] for failing to notify authorities of the hazardous substance release.

The legal proceedings saw a mixed outcome. On January 20, 1989, Feinman entered a guilty plea to a single count of conspiracy (18 U.S.C. 371), and the remaining charges against him were dropped as part of a plea agreement. Boone also pleaded guilty on April 24, 1989, to two counts of violating the Clean Air Act. However, the third defendant was acquitted on all counts after a full trial on April 28, 1989. Despite the partial acquittal, the case highlighted the severity of environmental crimes and the EPA’s commitment to prosecuting those who endanger public health for financial gain.

On May 12, 1989, Feinman received a 12-month prison sentence for his conspiracy conviction. Boone, on June 16, 1989, received the same 12-month prison sentence, along with a six-year probationary period. Notably, neither Feinman nor Boone were subjected to financial fines. The relatively light sentencing, compared to potential penalties under the violated statutes, has been a point of discussion among legal observers, suggesting the prosecution prioritized imprisonment over monetary penalties in this instance.

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Key Facts

Defendant: Alex Feinman
Crime: Illegal asbestos disposal and failure to report hazardous substance release
Location: Philadelphia, Pennsylvania
Year: 1989
Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 7412(c)(1)(B), 42 U.S.C. 7412(e), 42 U.S.C. 7413(c)(1)(C), 42 U.S.C. 9602(b), 42 U.S.C. 9603(b)(3)
Penalties: Feinman – 12 months incarceration. Boone – 12 months incarceration, 60 months probation.
The case involved HMC Recycling Corp., a company specializing in scrap metal recycling, demolition, and asbestos removal.

This case serves as a stark reminder of the dangers associated with improper asbestos handling and the importance of adhering to environmental regulations. The EPA continues to actively investigate and prosecute individuals and companies who prioritize profit over public safety and environmental responsibility.

Source: EPA ECHO Enforcement Case Database

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