KANKAKEE, IL – Duane L. “Butch” O’Malley, 59, of Bourbonnais, Illinois, was sentenced to a decade in federal prison for knowingly and illegally disposing of asbestos-containing materials, exposing workers, the public, and the environment to a known carcinogen. The case, originating from a 2009 incident in Kankakee, culminated in a guilty verdict on September 26, 2011, following a swift deliberation by a federal jury. O’Malley, owner of Origin Fire Protection, orchestrated the improper removal of asbestos insulation from a five-story building located at 197 South West Ave.
The investigation revealed a blatant disregard for both worker safety and environmental regulations. O’Malley accepted a contract from Michael J. Pinski, through Pinski’s company Dearborn Management, Inc., to remove the asbestos, despite lacking the necessary training and certifications for such hazardous work. He then subcontracted the physical removal to James A. Mikrut, further compounding the negligence. Instead of adhering to established protocols, O’Malley prioritized profit over safety, accepting a significantly lower bid than qualified asbestos abatement contractors.
Evidence presented at trial detailed a series of violations of the Clean Air Act and related EPA regulations. O’Malley failed to notify the EPA prior to the removal, neglected to ensure trained personnel were present on-site, and did not properly wet the asbestos insulation during removal – a crucial step to prevent airborne fiber release. The asbestos-containing waste was not transported in properly marked vehicles and, most egregiously, was illegally dumped in an open field in Hopkins Park, contaminating the soil with hazardous material.
Legal Ramifications & Sentencing
O’Malley was convicted of violating 42 U.S.C. 7413(c)(1) of the Clean Air Act, specifically the provision prohibiting the knowing violation of regulations concerning hazardous air pollutants. On July 25, 2012, he received a 120-month (10-year) prison sentence, followed by 36 months of probation. He was also ordered to pay a $15,000 federal fine and $47,086 in restitution to the EPA to cover the costs of the cleanup operation at the Pembroke Roadside Asbestos Site.
O’Malley wasn’t the only one facing consequences. Mikrut pleaded guilty to five counts of violating the Clean Air Act and received a 24-month and one-day prison sentence, along with a $23,543 restitution order. Pinski, who initiated the illegal activity, pleaded guilty to one count of violating the Clean Air Act and was sentenced to six months in prison, followed by 24 months of supervised release, including six months of home detention.
A Warning to Others
Federal authorities emphasized the severity of the offense and the importance of adhering to environmental regulations. “To increase profits, O’Malley knowingly disregarded environmental laws and exposed workers, the public, and the environment to dangerous airborne asbestos fibers,” stated U.S. Attorney Jim Lewis for the Central District of Illinois. Randy Ashe, Special Agent-in-Charge of EPA’s criminal enforcement office in Chicago, added that the conviction sends a clear message that those who prioritize profit over public health will be held accountable.
Key Facts
- Defendant: Duane L. “Butch” O’Malley
- Company: Origin Fire Protection
- Location: Kankakee, Illinois
- Crime: Illegal asbestos removal and disposal
- Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Sentence: 120 months incarceration, $15,000 fine, $47,086 restitution
- Co-Defendants: Michael J. Pinski, James A. Mikrut also convicted
- Environmental Impact: Asbestos contamination of soil in Hopkins Park
Source: EPA ECHO Enforcement Case Database
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