Cihan Zorluoglu, Violating Clean Air Act, New York 2011

Syracuse, NY – Cihan (Geno) Zorluoglu was sentenced to 24 months probation in February 2012 following a criminal investigation into illegal asbestos abatement at the former St. James School in Syracuse, New York. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in conjunction with the New York State Department of Labor, revealed a blatant disregard for public health and safety regulations.

The investigation began in June 2011 after the NYS Department of Labor received complaints regarding the unsafe removal of asbestos during demolition preparations at the school. A pre-demolition survey conducted in December 2010 by Asbestos & Environmental Consulting Corporation (AECC) identified a significant amount of asbestos-containing materials (ACM) – approximately 400 linear feet of friable asbestos, 1000 square feet of friable ACM, and 2000 square feet of non-friable ACM. C&C Design Build Construction, LLC was contracted to perform the removal, with Zorluoglu overseeing the operation.

However, investigators discovered that Zorluoglu conducted the abatement work without implementing crucial safety protocols. Specifically, he failed to utilize negative air machines or air monitoring equipment – standard practice to contain and prevent the spread of hazardous asbestos fibers. An inspection of the site revealed approximately 20 bags and additional debris containing asbestos scattered throughout the former school building, indicating improper handling and disposal procedures. The failure to adhere to these regulations put both workers and the surrounding community at risk of serious health consequences, including lung cancer and asbestosis.

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Legal Ramifications

Zorluoglu was initially charged on July 12, 2011, with one count of making false statements (a violation of Title 18 U.S. Code, Section 1001) and one count of violating the Clean Air Act (42 U.S.C. 7401), specifically 33 U.S.C. 1319. He subsequently pled guilty in October 2011 to violating the Clean Air Act, admitting to failing to properly notify authorities, inadequately wetting and containing asbestos materials during renovation, and illegally disposing of the hazardous waste.

The sentencing, handed down on February 29, 2012, included 24 months of probation, 250 hours of community service, and a $100 special assessment. Critically, the court also imposed a restriction preventing Zorluoglu from working in the asbestos abatement field for the duration of his probation. This measure aims to prevent future violations and protect the public from potentially dangerous practices.

Key Facts

Defendant: Cihan (Geno) Zorluoglu
Location: Former St. James School, Syracuse, New York
Year of Offense: 2011
Statutes Violated: Clean Air Act (42 U.S.C. 7401, 33 U.S.C. 1319), 18 U.S.C. 1001
Asbestos Amount: 400 linear ft friable, 1000 sq ft friable, 2000 sq ft non-friable
Penalty: 24 months probation, 250 hours community service, $100 assessment, ban from asbestos work during probation
Investigation Agency: EPA-CID, NYS Department of Labor

This case serves as a stark reminder of the importance of adhering to environmental regulations, particularly when dealing with hazardous materials like asbestos. The EPA continues to prioritize criminal enforcement actions against individuals and companies who knowingly endanger public health and the environment.

Source: EPA ECHO Enforcement Case Database

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