Marion, OH – A Marion, Ohio company, Ficor, Inc., was sentenced in November 2003 following a criminal investigation into the mishandling of asbestos during a 2002 building renovation. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate attempt to conceal hazardous materials, putting both workers and the public at risk.
According to court documents, Ficor purchased a former Kresge/K-Mart building from the Marion County Commissioners for a mere $100. Work began in January 2002 without any notification to the Ohio EPA, a clear violation of regulations surrounding the disturbance and removal of asbestos-containing materials (ACM). Investigators found that renovation activities significantly disturbed ACM within the building.
Instead of properly removing and disposing of the hazardous material, Ficor employees allegedly removed large quantities of suspect ACM and then illegally entombed it within a sealed room in the building’s basement. This action was reportedly undertaken to *conceal* the presence of the asbestos, preventing proper assessment and remediation. The EPA’s investigation uncovered evidence suggesting a knowing and negligent disregard for public health and environmental safety.
Legal Ramifications
On June 26, 2003, Ficor, Inc. was formally charged with violating the Clean Air Act (CAA). The company ultimately pled guilty to one count of knowingly violating 42 U.S.C. 7413(c)(1), which prohibits knowingly violating any permit condition or requirement of the CAA. Additionally, Field, acting on behalf of Ficor Corp., pled guilty to one count of negligently releasing asbestos, a violation of 42 U.S.C. 7413(c)(4), which addresses negligent release of hazardous substances.
Sentencing and Restitution
On November 14, 2003, the court handed down its sentence. Ficor, Inc. was placed on 12 months probation and ordered to pay a $9,500 federal fine. Furthermore, the company was directed to provide $12,206 in restitution to both the Ohio EPA and the Ohio Department of Health to cover costs associated with the investigation and potential future remediation efforts. Field, personally, received a 12-month probation sentence and a $500 federal fine.
Key Facts
- Defendant: Ficor, Inc. and Field (acting on behalf of Ficor Corp.)
- Location: Marion, Ohio
- Crime: Illegal handling and concealment of asbestos during building renovation
- Statutes Violated: 42 U.S.C. 7413(c)(1) & 42 U.S.C. 7413(c)(4)
- Penalties: $9,500 fine (Ficor, Inc.), $12,206 restitution (Ficor, Inc. to Ohio EPA/ODH), 12 months probation (Ficor, Inc. & Field), $500 fine (Field)
- Building Purchase Price: $100
This case serves as a stark reminder of the severe legal consequences associated with improper asbestos handling and the importance of adhering to environmental regulations. The EPA continues to aggressively pursue enforcement actions against those who knowingly endanger public health and the environment through negligent or criminal activity.
Source: EPA ECHO Enforcement Case Database
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