Cheektowaga, NY – A series of guilty pleas and sentencing stemming from a negligent asbestos abatement operation at the former Westinghouse facility in Cheektowaga, New York, have revealed widespread violations of the Clean Air Act. The case, investigated by the Environmental Protection Agency (EPA) and pursued through the US Attorney’s office, exposed a pattern of falsified records and disregard for public health and safety during the 2002 abatement project.
Corey Seamon, an asbestos handler employed by USA Remediation Services (USAR), was one of several individuals and the company itself implicated in the criminal scheme. Seamon pled guilty in August 2006 to two counts of making false declarations before a grand jury, a violation of 18 U.S.C. 1623. He received an eight-month prison sentence, followed by two years of probation and a $100 special assessment fee. The false statements directly impeded the investigation into the unlawful asbestos removal practices.
The initial charges, filed in September 2002, painted a picture of systemic negligence. USAR had been contracted to safely remove asbestos from the Westinghouse site. However, authorities allege that proper safety protocols were routinely ignored, leading to the negligent release of hazardous asbestos fibers into the ambient air. This constituted a clear violation of 42 U.S.C. 7413(c)(4) of the Clean Air Act. Beyond Seamon’s false statements, the indictment included charges of knowingly violating the Clean Air Act (42 U.S.C. 7413) against project supervisor Jamieson, and conspiracy (18 U.S.C. 371) against USAR itself.
Timeline of Accountability
The legal fallout unfolded over several years. Foreman Birmingham pled guilty in February 2003 to a single count of violating the Clean Air Act and was later sentenced to 30 months incarceration, 36 months probation, and a $100 special assessment. Jamieson, the project supervisor, followed suit in August 2005, receiving a 26-month prison sentence and 24 months probation, also with a $100 assessment. Notably, no fines were levied against Birmingham, Seamon, or Jamieson.
The most substantial penalty was reserved for USAR. In February 2006, the company entered a plea of *nolo contendere* (no contest) and was sentenced to 36 months probation, a hefty $500,000 federal fine, and an $800 special assessment. Toner, the former Health and Safety Officer for CEM (presumably a subcontractor or associated company), pled guilty in September 2006 to 11 counts of violating the Clean Air Act, receiving a 7-month prison sentence, 12 months probation, a $1,000 fine, and a $25 special assessment. The case underscores the EPA’s commitment to pursuing criminal charges against those who endanger public health through improper handling of hazardous materials.
Key Facts
- Defendant: Corey Seamon, USA Remediation Services, et al.
- Crime: Clean Air Act Violations, False Declarations
- Location: Cheektowaga, New York
- Year: 2006 (charges filed 2002-2006)
- Laws Violated: 42 U.S.C. 7413(c)(1), 18 U.S.C. 1623, 18 U.S.C. 371, 42 U.S.C. 7413(c)(4)
- Penalties: Sentences ranged from 7 months to 30 months incarceration, probation, and fines totaling $501,825.
- Details: Negligent asbestos abatement at the former Westinghouse facility.
GrimyTimes will continue to follow developments in environmental crime cases and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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