Philadelphia, PA – A Lumberton, New Jersey man and his co-conspirator have been sentenced to federal prison for knowingly exposing workers and the public to dangerous asbestos while illegally renovating a Philadelphia warehouse. Clarence A. Cole, 46, was part of a scheme that prioritized profit over public health, resulting in significant environmental contamination and the need for a Superfund cleanup.
The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed that Cole and Gene Cornell Smith purchased a warehouse in the Logan section of Philadelphia in 2011. When faced with the cost of professional asbestos abatement, the pair opted to hire unqualified day laborers to remove the hazardous material without any safety precautions. This deliberate disregard for federal regulations put workers at immediate risk of developing debilitating and potentially fatal asbestos-related diseases.
According to court documents, a concerned citizen alerted the Philadelphia Air Management Services after witnessing the unsafe work practices. City inspectors immediately ordered a work stoppage and mandated a qualified contractor be brought in to remediate the site. However, Smith and Cole brazenly ignored the order, continuing to illegally dispose of asbestos-containing materials and allowing the dangerous fibers to be released into the air. The EPA was subsequently called in to investigate.
Legal Ramifications and Penalties
Both men were convicted of violating multiple federal statutes. Smith was found guilty of conspiracy (18 U.S.C. 371) and five counts of violating the Clean Air Act (42 U.S.C. 7413, 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(4)). Specifically, the charges related to the National Emission Standards for Hazardous Air Pollutants (NESHAPS) regulations designed to control asbestos emissions during renovation and demolition. Cole pled guilty to the same conspiracy charge. Smith received a 42-month prison sentence, while Cole was sentenced to 24 months. Both were also ordered to serve three years of supervised release and pay restitution totaling $451,936.80 to cover the costs of the Superfund cleanup.
A Pattern of Disregard
“These defendants knowingly removed asbestos-containing materials illegally, putting workers and the general public at great risk,” stated David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program for the Middle Atlantic States. “The real victims in this case are neighboring residents who have no way to protect themselves against this type of environmental crime.” The case highlights a troubling pattern of prioritizing financial gain over the safety and well-being of the community. Philadelphia Air Management Services emphasized the importance of reporting such violations, stating the convictions arose from their initial investigation and subsequent referral to the EPA.
Key Facts
- Defendant(s): Clarence A. Cole and Gene Cornell Smith
- Location: Philadelphia, Pennsylvania
- Crime: Illegal asbestos removal and violation of the Clean Air Act
- Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 7413, 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(4)
- Sentencing: Smith – 42 months imprisonment, Cole – 24 months imprisonment, both with 3 years supervised release and $451,936.80 restitution.
- Investigation: EPA Criminal Investigation Division, Philadelphia Air Management Services
Assistant United States Attorneys Elizabeth Abrams and Thomas Moshang III prosecuted the case, demonstrating a commitment to holding environmental criminals accountable for their actions. This prosecution serves as a stark warning to others who may attempt to cut corners at the expense of public health and environmental safety.
Source: EPA ECHO Enforcement Case Database
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