STEUBENVILLE, OH – A. David Sugar, owner of Honey Creek Contracting Company, and his firm have been sentenced following a protracted legal battle stemming from illegal asbestos removal at the former Weirton Steel Plant in Steubenville, Ohio. The case, investigated by the U.S. Environmental Protection Agency (EPA) and the Ohio Environmental Protection Agency, highlights the dangers of improper asbestos handling and the potential for severe health consequences.
Sugar and Honey Creek acquired the abandoned Weirton Steel Plant in 2004, knowing the facility contained roughly 30,000 linear feet of asbestos-containing pipe insulation, with a concentrated 5,992 linear feet located in an area dubbed the “Green Room.” Instead of adhering to stringent federal regulations designed to protect workers and the public, Sugar directed renovation activities to begin *before* the asbestos was safely removed. This resulted in the disturbance and release of dangerous asbestos fibers into the air.
The violations came to light after an investigation triggered by the improper renovation work. Daniel Burnette, a supervisor with Honey Creek, was initially charged in December 2009 with Clean Air Act (CAA) violations and conspiracy. Burnette subsequently pled guilty to conspiracy and three counts of violating the CAA in January 2010. This initial guilty plea paved the way for charges against Sugar and Honey Creek in March 2011.
The charges against Sugar and his company included one count of conspiracy to violate the asbestos requirements established under the Clean Air Act and four counts of violating those same regulations. Specifically, the prosecution argued that Sugar knowingly failed to notify authorities before commencing renovation, directed the disturbance of friable asbestos, and failed to ensure employees followed proper work practice standards, such as keeping the asbestos wet during removal.
Sentencing & Penalties
On August 23, 2011, U.S. District Court Judge Gregory L. Frost handed down the sentences. A. David Sugar received 8 months and 8 days incarceration, followed by 36 months of probation, with the first 15 weekends served in jail and the remaining time under home confinement with electronic monitoring. He was also fined $10,000. Honey Creek Contracting Company was sentenced to 36 months of probation and ordered to pay a $30,000 fine, in addition to covering the cost of baseline chest X-rays for employees exposed to asbestos during the illegal renovation.
Randall K. Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio, emphasized the seriousness of the offenses. “This sentence sends the message that the illegal removal of asbestos will be punished,” Ashe stated. “It is significant that as part of the sentence Honey Creek will pay for medical tests for workers who were exposed to asbestos as a result of this crime.” The case underscores the EPA’s commitment to vigorously prosecuting those who endanger human health and the environment.
Key Facts
- Defendant: A. David Sugar and Honey Creek Contracting Company
- Location: Weirton Steel Plant, Steubenville, Ohio
- Statutes Violated: 42 U.S.C. 7413(c)(1) & 42 U.S.C. 7413(c)(4) – Violations of the Clean Air Act (CAA) regarding asbestos removal and handling. 18 U.S.C. 371 – Conspiracy.
- Penalties: A. David Sugar – 8 months, 8 days incarceration, 36 months probation, $10,000 fine. Honey Creek – 36 months probation, $30,000 fine, cost of employee X-rays.
- Asbestos Quantity: Approximately 30,000 linear feet throughout the plant, with 5,992 linear feet in the “Green Room.”
- Health Risk: Asbestos exposure can lead to asbestosis, cancer, and mesothelioma.
The U.S. Attorney’s Office for the Southern District of Ohio, led by Carter M. Stewart, and the EPA, with assistance from the Ohio Attorney General’s office, successfully prosecuted the case, demonstrating a collaborative effort to enforce environmental regulations and protect public health.
Source: EPA ECHO Enforcement Case Database
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