Sweet Home, OR – Daniel Desler, managing trustee of Western States Reliance Trust (WSLRT), was sentenced to three years of probation and ordered to pay over $1.5 million in restitution following a negligent release of asbestos into the Sweet Home, Oregon community. The case, stemming from the demolition of the former Willamette Industries sawmill site in 2011, highlights the dangers of improper asbestos abatement and the potential for significant environmental and public health consequences.
According to court documents and an EPA press release, Desler knowingly allowed an unlicensed contractor to perform demolition and renovation work on buildings at the facility despite being aware – or reasonably should have been aware – that asbestos-containing materials were present. The work failed to adhere to critical safety standards outlined in the National Emission Standards for Hazardous Air Pollutants (NESHAP) regarding asbestos removal, including proper containment, wetting of materials, and safe disposal. This negligence resulted in the release of asbestos fibers into the surrounding air, posing a health risk to both workers and nearby residents.
The Environmental Protection Agency (EPA) subsequently declared the site a Superfund site, initiating a costly cleanup operation totaling $1,589,752.52. Desler was ordered to pay full restitution to the EPA for these expenses. The investigation, a collaborative effort between the Oregon State Police, the Oregon Department of Environmental Quality (DEQ), and the EPA’s Criminal Investigation Division, revealed a pattern of disregard for established safety protocols in favor of cost-cutting measures.
Legal Ramifications
Desler initially faced multiple charges related to unlawful air pollution, failing to perform required surveys, supplying false information to the Oregon DEQ, and recklessly endangering another person. He ultimately pled guilty to violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(4) – making false statements. In addition to the three years of probation and full restitution, Desler received a five-month sentence of home confinement and was required to complete 300 hours of community service. The severity of the penalties underscores the federal government’s commitment to prosecuting environmental crimes and protecting public health.
Community Impact & Official Statements
U.S. Attorney Amanda Marshall emphasized the seriousness of Desler’s actions, stating, “As a result of Mr. Desler’s actions, the community was put at risk and substantial resources were expended to clean up the area.” Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in the Northwest, added, “By failing to follow the law… he put his workers and the surrounding community at risk of being exposed to asbestos. Had Mr. Desler not chosen profit over protection, a major EPA cleanup could’ve been avoided.” The case serves as a stark reminder of the potential consequences of prioritizing financial gain over environmental responsibility.
Key Facts
- Defendant: Daniel Jewett Desler
- Location: Sweet Home, Oregon
- Year: 2013 (charges filed in 2011, guilty plea and sentencing in 2012)
- Crime: Negligent release of asbestos, violating the Clean Air Act
- Statute Violated: 42 U.S.C. 7413(c)(4)
- Restitution: $1,589,752.52 to the EPA for cleanup costs
- Penalties: 3 years probation, 5 months home confinement, 300 hours community service
- Agencies Involved: EPA, Oregon State Police, Oregon Department of Environmental Quality
The WSLRT site remains under scrutiny, and ongoing monitoring may be required to ensure the long-term safety of the surrounding community. This case highlights the critical importance of proper asbestos handling procedures and the potentially devastating consequences of non-compliance with environmental regulations.
Source: EPA ECHO Enforcement Case Database
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