Anthony Biello II, Violating 42 U.S.C. 7413, Pennsylvania 2015

PHILADELPHIA, PA – Anthony Biello II, 56, of Ambler, Pennsylvania, began serving a year-and-a-day prison sentence on March 9, 2015, following a guilty plea to violating the Clean Air Act. The conviction stems from Biello’s failure to properly notify authorities before removing asbestos-containing materials from a former church located at 1133 Spring Garden Street in Philadelphia.

According to court documents, Biello neglected to inform the City of Philadelphia’s Air Management Services division, as required by federal law, prior to the asbestos abatement work. This oversight created a potential public health hazard, as improper asbestos removal can release dangerous fibers into the air, leading to serious respiratory illnesses, including cancer.

The Environmental Protection Agency’s (EPA) Criminal Investigation Division launched an investigation into Biello’s actions, working in conjunction with the City of Philadelphia’s Air Management Services office. The investigation revealed a deliberate disregard for established safety protocols designed to protect both workers and the surrounding community.

Legal Ramifications & Sentencing

Biello was charged with violating 42 U.S.C. 7413 of the Clean Air Act, a federal statute designed to regulate air emissions and protect public health. Beyond the 12-month prison sentence, U.S. District Court Judge Paul S. Diamond imposed a $100 fine, $12,000 in restitution to the City of Philadelphia to cover costs associated with the improper removal, a $100 special assessment, and two years of supervised release. Crucially, the judge prohibited Biello from working in the asbestos removal industry during his supervised release period.

EPA Statement

“Asbestos must be removed and disposed of safely and legally,” stated David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in the Middle Atlantic States. “There is no ‘safe’ level of exposure to asbestos. It is a serious threat to the general public’s health and safety. Today’s sentencing demonstrates that those who try to make money by breaking the law and putting others at potential risk will be vigorously prosecuted.”

Timeline of Events

The case unfolded as follows: Biello was initially charged on April 1, 2014. After several months, on February 2, 2015, he entered a guilty plea. The sentencing hearing concluded on March 9, 2015, with Judge Diamond delivering the aforementioned penalties. The prosecution was handled by Special Assistant United States Attorneys Martin Harrell and Patricia C. Miller, both representing the EPA.

Key Facts

• Defendant: Anthony Biello II, 56
• Location: Philadelphia, Pennsylvania
• Crime: Violation of the Clean Air Act (failure to notify authorities prior to asbestos removal)
• Statute Violated: 42 U.S.C. 7413
• Sentence: 1 year and 1 day imprisonment, $100 fine, $12,000 restitution, 2 years supervised release, ban from asbestos removal industry.
• Investigating Agencies: EPA Criminal Investigation Division, Philadelphia Air Management Services

Source: EPA ECHO Enforcement Case Database

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