Orofino, ID – Two Idaho men received federal prison sentences this week for knowingly violating Clean Air Act regulations during a $2.1 million waterline renovation project in Orofino, Idaho. The negligence led to widespread asbestos contamination, requiring a costly $3.98 million cleanup effort funded by taxpayers.
Douglas Greiner, 53, of Eagle, and Bradley David Eberhart, 51, of Garden Valley, were sentenced on August 14, 2013, following their guilty pleas in February. Both men were key figures in the Owyhee Construction Inc. project, with Greiner serving as the project superintendent and Eberhart as the on-site supervisor. The project involved replacing aging waterlines, and contract documents explicitly warned Owyhee Construction of the potential presence of up to 5,000 linear feet of cement asbestos pipe (CAP).
Despite the warnings, investigators found a systemic failure to adhere to proper asbestos handling procedures. Eberhart oversaw workers who lacked adequate training and protective gear while cutting into the CAP with saws. Disturbingly, workers were observed removing the asbestos-containing material, crushing it, and then placing it back into the trenches. Even more egregious, large quantities of CAP were illegally dumped as fill material on sixteen separate properties throughout Orofino, exposing residents and the environment to a known carcinogen.
Greiner admitted to orchestrating at least one of these illegal disposals. The Environmental Protection Agency (EPA) was forced to launch a massive cleanup operation to remove the contaminated material, racking up a bill of nearly $4 million. The handling of the asbestos was a clear violation of the Clean Air Act, specifically 42 U.S.C. 7413(c)(1), which prohibits knowingly violating the Act’s work practice standards.
Sentencing and Penalties
U.S. District Judge Edward J. Lodge sentenced both men to six months of incarceration, followed by six months of home confinement and six months of supervised release. In addition to the prison time, Eberhart was ordered to perform 200 hours of community service and pay restitution of $3.98 million, jointly and severally with Greiner. The full amount of restitution owed by Greiner will be determined in further court proceedings. The maximum penalties for violating the Clean Air Act as charged include up to five years in prison and a $250,000 fine.
Key Facts
- Defendants: Douglas Greiner, Bradley David Eberhart
- Location: Orofino, Idaho
- Company: Owyhee Construction Inc.
- Crime: Illegal handling and disposal of asbestos during waterline renovation
- Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Cleanup Cost: $3.98 million
- Contamination: Asbestos material illegally dumped on 16 properties
- Sentencing: 6 months imprisonment, 6 months home confinement, 6 months supervised release (both defendants). Eberhart also received 200 hours of community service and $3.98M restitution.
“These prison sentences reflect the serious consequences of the failure of these defendants to comply with EPA’s regulations that protect public health from asbestos,” stated Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. “Such criminal acts endanger workers and the community and can, as demonstrated here, cost the federal government millions of dollars to cleanup.”
Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division, added, “These two Defendants carelessly subjected Orofino residents to asbestos exposure… Today’s sentence sends a clear message: if you risk people’s lives to save time and money, you will pay the price.”
Source: EPA ECHO Enforcement Case Database
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