Utica, MI – A Bay City, Michigan man has been sentenced to over a year in federal prison for knowingly violating federal asbestos regulations during the illegal removal of hazardous materials from a former automotive plant in Utica. Brian Edward Waite, 38, was sentenced on February 17, 2012, following a probe by the Environmental Protection Agency (EPA) and the U.S. Attorney’s Office for the Eastern District of Michigan.
The investigation revealed a pattern of reckless disregard for worker safety and environmental law at the Utica facility. According to court documents, Waite and his co-defendant, Daniel Clements, directed workers to remove over 60,000 linear feet and 30,000 square feet of asbestos-containing materials without proper safety protocols. Workers were instructed to tear down the asbestos while dry – a practice that releases dangerous fibers into the air – and place it into plastic bags without wetting it down, a standard mitigation technique.
The pace of removal was prioritized over safety. Clements allegedly told workers to “let it fly” and “let ‘er rip,” demanding a removal rate of 1,000 feet of asbestos-containing material per day. This pressure led to unsafe practices, including workers kicking or throwing materials from lifts and breaking larger pieces to fit them into bags, further exacerbating the risk of fiber release. The blatant disregard for safety standards led to multiple guilty pleas from individuals and companies involved.
Legal Ramifications
Waite pleaded guilty to one count of conspiracy and two counts of violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(1) (knowingly violating federal asbestos laws), 42 U.S.C. 7413(c)(2)(A) (making false material statements), and 42 U.S.C. 7413(c)(4). He received a 12-month and one-day prison sentence, followed by 36 months of probation. Clements received 24 months probation and a $3,000 fine after pleading guilty to similar charges.
The fallout extended beyond Waite and Clements. Jose Ramos, an on-site foreman, was sentenced to four months incarceration and 24 months probation for his role in the illegal removal. Jeffrey Walworth and his company, Bonus Environmental, LLC, also pleaded guilty to making false statements under the Clean Air Act, receiving probation and fines totaling $25,000. The case highlights the EPA’s commitment to aggressively prosecuting those who prioritize profit over public health and environmental safety.
Key Facts
- Defendant: Brian Edward Waite
- Location: Utica, Michigan
- Crime: Illegal asbestos removal and violations of the Clean Air Act
- Asbestos Amount: Over 60,000 linear feet and 30,000 square feet
- Statutes Violated: 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(2)(A), 42 U.S.C. 7413(c)(4), 18 U.S.C. 371
- Penalties: Waite – 12 months + 1 day imprisonment, 36 months probation. Clements – 24 months probation, $3,000 fine.
“This case should alert business owners that they will be prosecuted for violating the laws that protect our environment,” stated U.S. Attorney Barbara L. McQuade. Randall Ashe, Special Agent-in-Charge of the EPA’s criminal enforcement program, added that the sentencing sends a “clear message that the government will take action against those who cut corners and put illegal financial gain ahead of their obligation to obey the law.”
Source: EPA ECHO Enforcement Case Database
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