Buffalo, NY – Evan Harnden, a former supervisor with Johnson Contracting of WNY, Inc., was sentenced to 12 months of probation on August 14, 2014, following a guilty plea related to Clean Air Act violations during a large-scale asbestos abatement project. The case, investigated by a multi-agency task force, highlights a pattern of negligence and potential public health risks at the Kensington Towers Apartment Complex in Buffalo.
According to court documents, Harnden oversaw asbestos removal operations at the six-building complex between June 2009 and January 2010. Investigators found that Harnden and his crew routinely failed to adhere to mandated safety protocols designed to contain the hazardous material. Specifically, they neglected to adequately wet the asbestos during stripping and removal, a crucial step to prevent airborne fibers. Furthermore, regulated asbestos was not consistently kept wetted until properly sealed in leak-tight containers, and instances of asbestos being dropped through holes cut in the floors were documented in building A-1.
The violations stem from the Clean Air Act’s asbestos work practice standards, intended to protect workers and the public from the dangers of asbestos exposure, a known carcinogen. The project involved an estimated 63,000 square feet of regulated asbestos-containing material per building. The failure to properly mitigate the risks during abatement raises serious concerns about potential long-term health consequences for residents and workers at the Kensington Towers.
Multi-Agency Investigation
Harnden is the fifth individual to be sentenced in connection with the Kensington Towers project, indicating a broader pattern of non-compliance and potential misconduct. Other guilty pleas include Brian Scott, Ernest Johnson, Rai Johnson, Donald Grzebielucha, William Manuszewski, and Chris Coseglia – encompassing project monitors and public officials responsible for ensuring regulatory adherence. The investigation was a collaborative effort between the U.S. Environmental Protection Agency (EPA) – Criminal Investigation Division, the Federal Bureau of Investigation (FBI), the U.S. Department of Housing and Urban Development (HUD) – Office of Inspector General, and the New York State Department of Environmental Conservation Police.
Legal Ramifications
Harnden pled guilty to violating Title 18 U.S. Criminal Code, specifically 18 U.S.C. 3, which covers general criminal intent. The core violations, however, center on the Clean Air Act, citing 42 U.S.C. 7412 and 42 U.S.C. 7413(c)(4). While Harnden received a probationary sentence, the case underscores the EPA’s commitment to pursuing criminal charges against those who endanger public health by disregarding environmental regulations. Other defendants received similar probationary sentences, ranging from 12 to 24 months.
Key Facts
- Defendant: Evan Harnden
- Company: Johnson Contracting of WNY, Inc.
- Location: Kensington Towers, Buffalo, NY
- Dates of Abatement: June 2009 – January 2010
- Violated Statutes: 18 U.S.C. 3, 42 U.S.C. 7412, 42 U.S.C. 7413(c)(4)
- Penalty: 12 months of probation
- Asbestos Amount: Approximately 63,000 square feet per building
- Investigation Agencies: EPA-CID, FBI, HUD-OIG, NYS DEC Police
GrimyTimes will continue to follow this case and report on any further developments related to the Kensington Towers asbestos abatement project and the individuals involved. The incident serves as a stark reminder of the potential consequences of neglecting environmental safety standards and the importance of rigorous oversight in hazardous material removal.
Source: EPA ECHO Enforcement Case Database
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