Orofino, ID – Two Idaho men, Douglas Greiner and Bradley Eberhart, have been sentenced to prison for knowingly violating Clean Air Act regulations during a $2.1 million waterline renovation project in Orofino, Idaho. The pair oversaw a negligent handling of asbestos-containing pipe, resulting in widespread contamination and a $4 million EPA cleanup operation impacting sixteen properties in the rural community.
The case, investigated by the U.S. Environmental Protection Agency, revealed a systemic failure to adhere to safety protocols while dealing with cement asbestos pipe (CAP). The contract for the Riverside Water and Sewer District’s Phase III project explicitly warned Owyhee Construction Inc. of the potential presence of up to 5,000 linear feet of CAP. Despite this warning, and the known health risks associated with asbestos exposure, Greiner, the project superintendent, and Eberhart, the onsite supervisor, failed to properly train workers, provide protective gear, or implement safe handling and disposal procedures.
According to court documents, workers were observed crushing CAP and redistributing it as fill material around Orofino. Greiner admitted to knowingly directing the improper disposal of asbestos waste. Eberhart was found culpable for allowing untrained employees to cut CAP with saws without adequate wetting, containment, or labeling. This negligence led to the release of dangerous asbestos fibers into the environment, posing a significant health threat to residents and workers alike.
Legal Ramifications & Sentencing
On February 26, 2013, both Greiner and Eberhart pleaded guilty to violating 42 U.S.C. 7413(c)(1) of the Clean Air Act, which prohibits knowingly violating work practice standards related to hazardous air pollutants like asbestos. Each defendant faced a maximum sentence of five years in prison, a $250,000 fine, and three years of supervised release. Ultimately, on August 14, 2013, 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. Eberhart also received 200 hours of community service and was held jointly and severally liable with Greiner for the $3.98 million in restitution costs associated with the EPA cleanup.
EPA and DOJ Response
Federal authorities emphasized the severity of the offenses and the importance of enforcing environmental regulations. “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, a human carcinogen,” stated Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. 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.”
Key Facts:
- Defendants: Douglas Greiner and Bradley David Eberhart
- Location: Orofino, Idaho
- Crime: Violations of the Clean Air Act related to asbestos handling and disposal.
- Company: Owyhee Construction Inc.
- Project: $2.1 million waterline renovation
- Cleanup Cost: Approximately $3.98 million
- Statute Violated: 42 U.S.C. 7413(c)(1)
- Sentencing: 6 months incarceration, 6 months home confinement, 6 months supervised release (both defendants); Eberhart also received 200 hours community service and $3.98M restitution.
The case serves as a stark reminder of the potential dangers of improper asbestos management and the serious legal consequences for those who prioritize profit over public safety and environmental responsibility.
Source: EPA ECHO Enforcement Case Database
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