Edward A. Shaw, Asbestos Fraud, KS 2001

Scott City, Kansas – Environmental consultant Edward A. Shaw was sentenced in 2001 following a federal investigation into illegal asbestos removal practices at the former Shallow Water Refinery near Scott City. The case, brought by the Environmental Protection Agency (EPA), revealed a pattern of negligence and deliberate falsification of records that put workers and potentially the public at risk.

According to court documents, Shaw, owner of ESCM, Inc., oversaw the removal of asbestos-containing materials during the refinery’s demolition between 1993 and 1997. Investigators found that Shaw and his team routinely failed to adhere to basic safety protocols designed to mitigate the dangers of asbestos exposure. These violations included neglecting to properly wet down asbestos materials before removal – a critical step to prevent airborne fibers – and failing to provide adequate protective clothing for workers.

The most serious aspect of the case centered on the improper disposal of the asbestos waste. Airborne asbestos fibers are known carcinogens, and exposure can lead to debilitating and often fatal illnesses, including lung cancer, asbestosis, and mesothelioma. The EPA’s investigation determined that Shaw’s actions directly increased the risk of exposure for both workers on site and potentially the surrounding community.

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Legal Ramifications & Timeline

The case unfolded over several years. On June 16, 1999, Shaw was indicted on one count of making false statements, a violation of 18 U.S.C. 1001. Simultaneously, Carl and Jean Stiffler were indicted on one count of violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), specifically 42 U.S.C. 9603(c), for failing to notify the appropriate authorities about the hazardous materials removal. A jury convicted Shaw of the false statement charge on October 26, 1999. The Stifflers subsequently pled guilty to the CERCLA violation on March 27, 2000.

The sentencing phase saw the Stifflers each receive 12 months of probation with no financial penalty on June 21, 2001. Shaw, however, faced a more substantial punishment. On September 5, 2001, he was sentenced to four months of incarceration, followed by 24 months of probation, including four months of home detention. Furthermore, Shaw was ordered to pay $50,000 in restitution to the Kansas Department of Health and Environment (KDHE), a $2,000 fine, and a $100 special assessment fee. Shaw later appealed his conviction, but details of the appeal’s outcome were not readily available.

Key Facts

Defendant: Edward A. Shaw, ESCM, Inc.
Location: Shallow Water Refinery, Scott City, Kansas
Years Active: 1993 – 1997 (removal), 1999-2001 (legal proceedings)
Violations: 18 U.S.C. 1001 (False Statements), 42 U.S.C. 9603(c) (CERCLA – Failure to Notify)
Penalties: Shaw received 4 months incarceration, 24 months probation, $50,000 restitution, $2,000 fine, and $100 assessment.
Hazard: Improper asbestos removal posed significant health risks, including lung cancer, asbestosis, and mesothelioma.

This case serves as a stark reminder of the dangers associated with improper handling of hazardous materials and the importance of strict adherence to environmental regulations. The GrimyTimes will continue to follow environmental crime cases and report on those who put public health and safety at risk.

Source: EPA ECHO Enforcement Case Database

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