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David Wood, Clean Air Act Violation, Tennessee 2012

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Asbestos Scandal Lands Three in Prison

CHATTANOOGA, Tenn. – A Chattanooga factory demolition site turned into a nightmare for three men who conspired to violate Clean Air Act workplace safety standards, exposing workers and nearby residents to hazardous asbestos.

David Wood, James Mathis, and Donald Fillers were sentenced in federal court for their roles in the conspiracy. Wood was sentenced to serve 20 months in federal prison and three years of supervised release. Mathis was sentenced to serve 18 months in federal prison and three years of supervised release. Fillers received the harshest sentence, 48 months in federal prison, a $20,000 fine, and three years of supervised release.

The Watkins Street Project LLC, the company behind the demolition, was ordered to pay a $30,000 fine. The defendants were also required to pay $27,899 in restitution to the U.S. Environmental Protection Agency (EPA), the Chattanooga Department of Public Works, and the Chattanooga Hamilton County Air Pollution Control Board for expenditures associated with the emergency response and clean-up of the former Standard Coosa Thatcher plant.

A jury convicted the defendants on January 27, 2012, of conspiracy and criminal violations of the Clean Air Act, as well as obstruction of justice in relation to salvage and demolition activities at the former Standard Coosa Thatcher plant. The evidence proved that the defendants entered into a year-long scheme in which the plant was illegally demolished while still containing extensive amounts of asbestos.

The defendants were accused of hiring day laborers and paying them low wages to improperly remove asbestos-containing materials without following federal regulations. The evidence showed that dust from the salvage and demolition activities frequently wafted onto neighboring properties, putting the community at risk.

U.S. Attorney William C. Killian said, “These sentences send a strong message that criminal violations of environmental laws designed to protect human health from exposure to hazardous substances, such as asbestos, will not be tolerated. Those individuals who choose to place profit over compliance with our nation’s environmental laws will be vigorously prosecuted and brought to justice.”

The case was investigated by Special Agents of the EPA’s Criminal Investigation Division and investigators with Chattanooga-Hamilton County Air Pollution Control Bureau. The case was prosecuted by Assistant U.S. Attorney Matthew T. Morris and Todd W. Gleason, Trial Attorney with the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

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