Douglas Brothers, Inc., Asbestos Violation, NY 2005

Elmira, NY – Douglas Brothers, Inc. (DBI), a Pennsylvania-based contractor, was sentenced following a guilty plea to violating the Clean Air Act (CAA) during an asbestos abatement project at Diven Elementary School in Elmira, New York. The case, brought to light by a routine inspection, revealed dangerous and illegal practices that put both workers and the public at risk of exposure to the deadly substance.

On January 31, 2005, federal prosecutors charged DBI with one count of violating 42 U.S.C. 7413, a section of the Clean Air Act specifically addressing asbestos regulations. The charge stemmed from observations made by the New York State Department of Labor, Asbestos Control Bureau during an inspection of the Diven Elementary School site. Inspectors discovered DBI employees engaged in the *dry removal* of asbestos-containing materials (ACM), a highly regulated practice due to the health hazards associated with airborne asbestos fibers.

The illegal dry removal method, in direct violation of established safety protocols, involved disturbing ACM without proper containment and moisture control. This created a significant risk of releasing asbestos fibers into the air, potentially exposing school staff, students, and nearby residents. Furthermore, inspectors found loose, dry ACM present within sealed asbestos bags, indicating a failure to adhere to proper handling and disposal procedures.

The Environmental Protection Agency (EPA) took swift action following the Department of Labor’s findings, initiating a criminal investigation that ultimately led to the charges against DBI. Federal prosecutors successfully argued that DBI’s actions demonstrated a reckless disregard for public health and a willful violation of federal environmental regulations. The company’s failure to implement and enforce adequate safety measures during the abatement project constituted a clear breach of trust and a threat to the community.

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Penalties & Sentencing

Following the guilty plea, DBI was sentenced to five years of probation (60 months). In addition to the probationary period, the company was ordered to pay a $400 special assessment fee and a substantial $40,000 federal fine. These penalties are intended to serve as both a punishment for the illegal activities and a deterrent to other companies considering similar violations. The EPA continues to emphasize the importance of strict compliance with asbestos regulations to protect public health and the environment.

Key Facts

Defendant: Douglas Brothers, Inc.
Location: Diven Elementary School, Elmira, New York
Crime: Illegal dry removal of asbestos-containing materials (ACM) and improper ACM handling.
Statute Violated: 42 U.S.C. 7413 (Clean Air Act)
Penalty: 60 months probation, $400 special assessment, $40,000 federal fine
Discovery: Violations were uncovered during a routine inspection by the New York State Department of Labor, Asbestos Control Bureau.

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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