Eugene A. Carcone, Asbestos Fraud, New York 2007

Rome, NY – A former air monitoring company president and project monitor were sentenced in January 2007 after admitting to falsifying reports related to the illegal removal and handling of asbestos from an elementary school. Eugene A. Carcone, President of Hygeia of New York Air Monitoring Company, and Cofini, Hygeia Project Monitor, knowingly concealed the improper disposal of hazardous materials, putting the public at risk.

The case, investigated by the Environmental Protection Agency (EPA), revealed that eight bags of asbestos waste were removed from the school in Rome, New York, but the subsequent handling and documentation were deliberately misrepresented. Instead of adhering to strict federal regulations governing asbestos abatement, Carcone and Cofini allegedly fabricated reports to create the illusion of compliance. This deliberate deception aimed to avoid scrutiny and potential penalties for violating the Toxic Substances Control Act (TSCA).

Federal prosecutors charged both defendants with one count each of violating 15 U.S.C. 2615(b), which specifically prohibits knowingly violating any rule or order issued under the TSCA. The charges stemmed from evidence indicating that the defendants were aware of the improper disposal methods but actively worked to cover them up. The falsified documentation presented to authorities falsely indicated the asbestos was handled according to regulations, when in reality, it was not.

The EPA’s criminal enforcement division pursued the case aggressively, emphasizing the agency’s commitment to protecting public health and the environment. Asbestos, a known carcinogen, poses significant health risks when its fibers become airborne. Improper handling can lead to severe respiratory diseases, including lung cancer and mesothelioma. The deliberate concealment of the illegal disposal practices demonstrated a reckless disregard for the safety of the community surrounding the elementary school.

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Penalties and Aftermath

In January 2007, both Carcone and Cofini pled guilty to the charges. Each defendant received a federal fine of $3,000, along with a $25 special assessment fee. However, the penalties extended beyond financial repercussions. Crucially, both Carcone and Cofini were required to surrender their New York State asbestos licenses, effectively ending their careers in the asbestos abatement industry. This revocation of licensing serves as a strong deterrent to others who might consider cutting corners or engaging in fraudulent practices related to hazardous waste management.

Key Facts

Defendant(s): Eugene A. Carcone, Cofini
Company: Hygeia of New York Air Monitoring Company
Location: Rome, New York
Statute Violated: 15 U.S.C. 2615(b) – Toxic Substances Control Act
Crime: Falsifying reports to conceal illegal asbestos removal and handling
Penalties: $3,000 fine + $25 assessment, Loss of NY State asbestos license
Date of Sentencing: January 9, 2007

This case underscores the importance of rigorous oversight and enforcement of environmental regulations. The EPA continues to prioritize the prosecution of individuals and companies who knowingly endanger public health and the environment through illegal hazardous waste practices.

Source: EPA ECHO Enforcement Case Database

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