Syracuse, NY – CES Environmental Services, Inc. has been sentenced to five years of probation and ordered to pay over $409,000 in restitution for negligently releasing asbestos into the air, putting individuals in imminent danger of serious health consequences. The sentencing, handed down by U.S. District Judge David N. Hurd on November 24, 2015, concludes a lengthy legal battle stemming from improper asbestos abatement monitoring practices between 1999 and 2007.
The case, investigated by the U.S. Environmental Protection Agency (EPA) Criminal Investigation Division, revealed that CES, contracted to ensure safe air quality during asbestos removal projects, systematically failed to adhere to industry standards. Specifically, CES employees allegedly skipped crucial visual inspections, disregarded required waiting periods before sampling, and falsified records regarding sampling times and equipment calibration. In some instances, the company permitted abatement contractors to self-collect samples – a clear conflict of interest – and conducted sampling without fully entering work areas.
Asbestos, a known hazardous air pollutant, poses significant health risks, with no established safe exposure level. Proper abatement requires stringent containment procedures and continuous negative air pressure to prevent the spread of dangerous fibers. CES’s negligence directly undermined these safeguards, allowing asbestos to migrate outside of controlled environments and expose potentially hundreds of individuals to the toxic substance. The initial indictment in 2010 involved 15 counts of environmental offenses and mail fraud, but convictions were overturned on appeal in 2014, leading to the plea agreement and subsequent sentencing for negligent endangerment.
Legal Ramifications
CES pled guilty to violating 42 USC 7413(c)(4) of the Clean Air Act, specifically related to negligent endangerment. This statute addresses situations where a party’s actions create an imminent and substantial endangerment to public health or the environment. The penalty included $409,829.67 in restitution, with an initial lump-sum payment of $100,000 and ongoing monthly installments. While the company received credit for prior restitution payments of $87,960.06 and time already served on probation, the sentence underscores the severity of the offense and the potential consequences of failing to prioritize public safety.
Ongoing Cases
While the sentencing resolves the charges against CES and two co-defendants who also appealed the initial conviction, two other co-defendants still face re-sentencing. U.S. Attorney Richard S. Hartunian emphasized the commitment of his office to “securing justice for abatement contractors and air monitors, as well as restitution for the harm they leave behind.” The case serves as a stark warning to environmental service providers that cutting corners on safety will not be tolerated.
Key Facts
- Defendant: CES Environmental Services, Inc.
- Location: New York (NY)
- Crime: Negligent endangerment through improper asbestos abatement monitoring
- Statute Violated: 42 USC 7413(c)(4) – Clean Air Act
- Sentence: 5 years probation and $409,829.67 restitution
- Timeframe of Offense: 1999 – 2007
- Initial Charges: 15-count indictment (later overturned on appeal)
The EPA’s investigation highlights the critical role of certified environmental services in protecting public health and the environment. This case serves as a reminder that environmental crimes carry significant penalties, and companies must prioritize compliance with regulations to avoid endangering communities.
Source: EPA ECHO Enforcement Case Database
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