CLARKSBURG, WV – David Marshall, a West Virginia contractor, was sentenced to 15 months in federal prison in 1998 for knowingly violating Clean Air Act regulations and making false statements during an asbestos abatement project. Marshall, operating under the business name David’s Enterprises, engaged in illegal asbestos removal at the Broaddus Apartments in Clarksburg, despite a prior history of compliance issues and a revoked state license.
The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of disregard for safety protocols and regulatory requirements. Marshall had previously been licensed by the state to perform asbestos removal, but that license was revoked due to problems encountered at another work site. Undeterred, Marshall proceeded with the abatement at the Broaddus Apartments, allegedly failing to adhere to proper handling and disposal procedures for the hazardous material.
An indictment in January 1997 charged Marshall with six counts, including a violation of 42 U.S.C. 7413(c) of the Clean Air Act, which prohibits knowingly violating regulations related to asbestos handling, and making false statements to a state employee, a violation of 18 U.S.C. 1001. The EPA’s investigation quickly uncovered evidence suggesting Marshall knowingly circumvented safety measures, potentially exposing building occupants and the public to dangerous asbestos fibers.
The illegal activity led to a preliminary injunction issued by the court, forcing the building owner to undertake a comprehensive clean-up of the site. However, compliance proved difficult, resulting in a series of contempt hearings as the EPA sought to ensure the complete and proper remediation of the asbestos contamination. The owner bore the financial burden of rectifying Marshall’s negligent work.
In October 1997, Marshall ultimately pled guilty to one count of the charges against him. In addition to the 15-month prison sentence, Judge [Reporter’s Note: Judge’s name not available in source data] sentenced Marshall to 36 months of supervised release and issued a permanent ban, prohibiting him from performing any further demolition or asbestos abatement work. The severity of the sentence underscores the seriousness with which federal authorities view violations of environmental regulations and the deliberate endangerment of public health.
This case serves as a stark reminder of the potential consequences for those who prioritize profit over safety and disregard the stringent regulations governing hazardous material removal. The EPA continues to aggressively pursue criminal enforcement actions against individuals and companies who violate environmental laws, ensuring accountability and protecting communities from harm.
Key Facts
- Defendant: David Marshall
- Location: Clarksburg, West Virginia
- Year: 1998
- Violated Statutes: 18 U.S.C. 1001 (False Statements), 18 U.S.C. 371 (Conspiracy – though not specifically detailed in sentencing), 42 U.S.C. 7413(c) (Clean Air Act violation)
- Penalties: 15 months incarceration, 36 months supervised release, permanent ban from demolition/asbestos work.
- Business: David’s Enterprises
- Prior History: Marshall’s asbestos removal license was previously revoked by the state of West Virginia.
Source: EPA ECHO Enforcement Case Database
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