Spokane, WA – Alexander Mischenko was sentenced last week for knowingly violating federal clean air regulations while dismantling a former industrial building in North Spokane. The case, investigated by the Environmental Protection Agency (EPA) and the Spokane Regional Clean Air Agency (SRCAA), highlights the dangers of improper asbestos handling and the potential health risks to the public.
Court documents reveal that in October 2017, Mischenko’s company, Buck Creek Sales, contracted to demolish “Building 5” on Magnesium Road. The contract included funding for a mandatory asbestos survey, a standard practice for buildings constructed before the 1980s, when asbestos was commonly used for insulation and fireproofing. The subsequent survey, completed in December 2017, identified approximately 2,600 linear feet of friable asbestos-containing thermal systems insulation (TSI) within the structure. “Friable” materials are easily crumbled, making them particularly hazardous when disturbed.
Despite receiving the survey report and being explicitly warned that the asbestos-containing TSI required removal by a licensed contractor, Mischenko proceeded with the demolition work himself, alongside at least one employee. Instead of professional abatement, Mischenko and his employee cut the TSI from the pipes and improperly disposed of it. The asbestos material was placed into 14 unsealed sacks and an open-top wooden crate, then moved to a nearby building, where it remained exposed for an unknown period. Critically, Mischenko failed to notify either the SRCAA or the EPA before commencing this work.
Inspectors from both agencies eventually discovered the improperly stored asbestos. The manner in which Mischenko handled the material – cutting and moving it without proper containment – resulted in a significant release of asbestos fibers into the air and scattered debris on the floor of Building 5. Exposure to asbestos fibers is known to cause severe health problems, including mesothelioma, asbestosis, and lung cancer, posing a potential risk to workers and the surrounding community.
Key Facts
- Defendant: Alexander Mischenko
- Location: North Spokane, Washington
- Crime: Clean Air Act Violation (Improper asbestos handling and disposal)
- Statutes Violated: 42 U.S.C. 7413(c)(2)(B)
- Asbestos Quantity: Approximately 2,600 linear feet of friable thermal systems insulation
- Date of Sentencing: June 27, 2023
Penalties
On June 27, 2023, Mischenko was sentenced to a $12,060 criminal fine, 36 months of probation, and a $100 special assessment. The penalties reflect the seriousness of the offense and the potential public health consequences of asbestos exposure. This case serves as a stark reminder of the importance of adhering to environmental regulations and the dangers of attempting to circumvent established safety protocols. The EPA and SRCAA continue to prioritize enforcement actions against those who endanger public health through illegal handling of hazardous materials.
GrimyTimes has reached out to Mischenko’s legal counsel for comment, but has not received a response at the time of publication. Further investigation into potential exposure risks to nearby residents is ongoing.
Source: EPA ECHO Enforcement Case Database
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