Franklin A. Bieri, Asbestos Violation, Illinois 2013

East St. Louis, IL – Franklin A. “Al” Bieri, 54, of Lebanon, Illinois, was sentenced to eight months, with five months incarceration and three months home confinement, followed by three years of supervised release, for knowingly violating the Clean Air Act. The case, stemming from Bieri’s demolition and salvage operation at the Emerson Electric Facility in Washington Park, highlights a dangerous disregard for public health and environmental regulations. Bieri pleaded guilty in October 2011, but sentencing was delayed until May 9, 2013.

According to court documents and statements from the U.S. Attorney’s Office for the Southern District of Illinois, Bieri purchased the seven-acre Emerson Electric Facility in 2010 with the intention of dismantling and reselling the buildings. Despite being fully aware that the structures contained hazardous asbestos materials, Bieri contracted untrained workers to perform the demolition and asbestos removal. These workers were not equipped with the necessary protective gear nor did they follow proper abatement procedures.

Investigators found that Bieri deliberately bypassed crucial safety protocols, including failing to wet down asbestos-containing materials to minimize airborne emissions – a standard practice to prevent the spread of dangerous fibers. He also neglected to properly label asbestos waste for safe disposal, potentially exposing landfill workers and the surrounding community to the known carcinogen. Most critically, Bieri failed to notify the Illinois Environmental Protection Agency (IEPA) at least ten working days before commencing the asbestos stripping and removal, a direct violation of federal law.

Regulatory Violations and Penalties

Bieri was charged with violating 42 U.S.C. 7413(c)(1) of the Clean Air Act, specifically the knowing violation of regulations designed to control hazardous air pollutants. The statute carries a maximum penalty of five years imprisonment, a fine of up to $250,000, and a term of supervised release of up to three years. Ultimately, the court imposed a $3,000 fine in addition to the incarceration and supervised release sentence. The judge emphasized the severity of the offense, stating Bieri “put people’s lives on the line” in an attempt to cut costs.

Investigation and Prosecution

The case was the result of a joint investigation by the United States Environmental Protection Agency (EPA) and the Illinois EPA. The prosecution was handled by Assistant United States Attorneys Kevin F. Burke and William E. Coonan. U.S. Attorney Stephen R. Wigginton condemned Bieri’s actions, stating that the defendant “tried to save a few bucks…exposing unsuspecting landfill workers” and emphasizing that “no one is above the law.” Wigginton’s office vowed continued aggressive pursuit of environmental crimes.

Key Facts

• Defendant: Franklin A. (Al) Bieri
• Location: Emerson Electric Facility, Washington Park, Illinois
• Crime: Illegal asbestos removal and violation of the Clean Air Act
• Year: 2013 (incident occurred in 2010, sentencing in 2013)
• Statute Violated: 42 U.S.C. 7413(c)(1)
• Sentence: 8 months (5 months incarceration, 3 months home confinement) + 3 years supervised release + $3,000 fine
• Key Issue: Failure to properly handle and dispose of asbestos, endangering workers and the public.

This case serves as a stark reminder of the dangers of asbestos and the critical importance of adhering to environmental regulations during demolition and renovation projects. The EPA continues to prioritize enforcement actions against those who knowingly endanger public health and the environment.

Source: EPA ECHO Enforcement Case Database

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