David P. Simmons, Asbestos Abatement Violations, New York 2006

New York, NY – AVALA Contracting, Inc. and three of its employees faced federal charges in 2005 and 2006 for knowingly violating asbestos abatement regulations, leading to guilty pleas and sentencing for all involved. The case, investigated by the Environmental Protection Agency (EPA) and pursued through the Department of Justice, revealed a pattern of illegal asbestos removal, storage, and disposal practices at multiple worksites.

The investigation began following reports of improper handling of friable asbestos – a particularly dangerous form of the substance due to its easily airborne fibers. Investigators discovered that AVALA routinely employed illegal abatement procedures, including unauthorized removal and “dray” removal (improper transportation) of asbestos-containing materials. Subsequent inspections of various job sites uncovered remnants of the illegally handled asbestos, posing a significant health risk to workers and the public.

David P. Simmons, an employee of AVALA, was initially charged on July 26, 2005, with one count of making false statements before a grand jury or court, a violation of 18 U.S.C. § 1623. This charge stemmed from misleading testimony regarding the company’s asbestos handling procedures. A day later, fellow AVALA employee, Davis, faced the same charge. The following November, Taylor, identified as an asbestos supervisor for the company, was charged with conspiracy, violating 18 U.S.C. § 371, alleging a coordinated effort to circumvent federal regulations.

The legal proceedings unfolded swiftly. In January 2006, Taylor entered a guilty plea to the conspiracy charge. Simmons and Davis followed suit in March, both admitting to their respective offenses. Simmons received a sentence of 24 months probation and a $100 special assessment fee. Davis faced a stricter penalty: four months of home confinement, 36 months probation, 200 hours of community service, a $100 special assessment fee, and a $2,000 federal fine. Taylor, considered the central figure in the scheme, received the harshest sentence, 14 months incarceration followed by 36 months of probation and a $100 special assessment fee, handed down in June 2006.

The case highlights the serious consequences of failing to adhere to environmental regulations, particularly concerning hazardous materials like asbestos. Improper handling of asbestos can lead to severe respiratory illnesses, including asbestosis, lung cancer, and mesothelioma. The EPA continues to aggressively pursue enforcement actions against companies and individuals who prioritize profit over public health and safety. This case serves as a stark reminder that knowingly violating environmental laws carries significant legal and financial penalties.

Table of Contents

Key Facts

Defendant(s): David P. Simmons, Davis, Taylor, and AVALA Contracting, Inc.
Location: New York
Year: 2006
Violated Statutes: 18 U.S.C. § 1623 (False Statements), 18 U.S.C. § 371 (Conspiracy)
Penalties: Probation, Home Confinement, Incarceration, Community Service, Fines, and Special Assessment Fees.
Crime: Illegal asbestos abatement procedures, including improper removal, storage, and disposal of friable asbestos.

GrimyTimes will continue to follow environmental crime cases and report on developments as they unfold.

Source: EPA ECHO Enforcement Case Database

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