Richard Schaffer, Clean Air Act Violation, Florida 2006

Fort Lauderdale, FL – Benco Development, Inc. and several individuals connected to the Pine Crest Village apartment complex renovation project were penalized for knowingly violating federal clean air regulations in 2006. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate disregard for safety protocols regarding asbestos-containing materials during demolition and construction activities.

The EPA charged Tarragon Management, Inc. (TMI), the property management company overseeing the project for the National Income Realty Trust and Vineland Property Trust, along with Benco Development, Inc., the construction manager, and key personnel including Richard Schaffer, TMI’s Managing Director, and Robert Violino, Benco’s on-site supervisor. Despite documented warnings about the presence of asbestos, the defendants proceeded with renovations without implementing proper containment and removal procedures as mandated by the Clean Air Act (CAA).

The investigation uncovered a pattern of negligence and a failure to adhere to the National Emission Standards for Hazardous Air Pollutants (NESHAP) Work Practice Standards, specifically outlined in 42 U.S.C. 7413(c)(1). This resulted in the potential release of dangerous asbestos fibers into the surrounding environment, endangering residents and construction workers. Authorities allege the defendants prioritized cost-cutting measures over public health and environmental safety.

The legal fallout was swift. Benco Development, Inc. pled guilty and received 24 months of probation, a $400 special assessment fee, a $25,000 federal fine, and was ordered to contribute $25,000 to the Florida Environmental Task Force Trust Fund. Furthermore, a representative from Benco was required to undergo specialized training in hazardous material handling. Robert Violino also pled guilty, receiving 24 months probation with six months of home detention, a $100 special assessment, a $25,000 fine, and mandatory hazardous material training.

Richard Schaffer, as Managing Director of TMI, also faced criminal charges and pled guilty, receiving 24 months probation, 250 hours of community service, a $100 special assessment, and a $25,000 fine. He, too, was mandated to complete hazardous material handling training. TMI received the harshest penalty – 60 months probation, a $400 special assessment, a $500,000 federal fine, a $500,000 payment to the Florida Environmental Task Force Trust Fund, and an obligation to enforce a comprehensive environmental compliance plan.

Table of Contents

Key Facts

Defendant: Benco Development, Inc., Tarragon Management, Inc., Richard Schaffer, Robert Violino
Crime: Clean Air Act (CAA) Violations – Failure to follow NESHAP Work Practice Standards during asbestos abatement.
Location: Fort Lauderdale, Florida
Statute Violated: 42 U.S.C. 7413(c)(1)
Penalties: Combined fines totaling $625,000, probation ranging from 24 to 60 months, community service, payments to the Florida Environmental Task Force Trust Fund, and mandatory hazardous material training.
Key Issue: Knowingly conducting demolition and renovation activities in the presence of asbestos without proper safety measures.

The case serves as a stark reminder of the serious consequences associated with violating environmental regulations and the importance of prioritizing worker and public safety when dealing with hazardous materials like asbestos. The EPA continues to actively pursue enforcement actions against those who disregard these critical standards.

Source: EPA ECHO Enforcement Case Database

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