East Liverpool, OH – Three Ohio men, including George L. Webber, faced federal charges and penalties in 2010 for the illegal and dangerously negligent removal of asbestos from a residential property in East Liverpool. The scheme, driven by a desire to profit from scrap metal, exposed residents to a known carcinogen and ultimately resulted in a costly environmental cleanup.
According to court documents, Webber, along with Stephen L. Jones and Michael A. Phelps, Jr., harvested asbestos-covered pipes from a local landfill. Their intent was to strip the pipes for the valuable metal within, but the process involved a reckless disregard for public health and safety. The asbestos stripping occurred in the basement of Webber’s duplex, with a couple unknowingly residing in the other half of the building. The trio used both hand and power tools to remove the hazardous material, allowing the resulting asbestos fibers to accumulate on the basement floor without proper containment or moisture control.
Investigators found the defendants failed to adhere to even basic safety protocols. Crucially, they did not use water during the stripping process – a standard measure to suppress airborne asbestos particles – nor did they wet the accumulated insulation to prevent it from becoming easily dispersed. This negligent handling created a significant risk of exposure for both the residents of the duplex and potentially the surrounding community. The improper removal necessitated a professional cleanup operation, the costs of which ultimately fell upon the responsible parties.
Legal Ramifications
All three men were charged on April 1, 2009, with one count of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(4), which prohibits the negligent release of hazardous air pollutants. Each defendant pled guilty to the charge. Sentencing took place over a period of weeks in February and March of 2010. Phelps and Jones each received 24 months of probation, with the first six months to be served under home confinement, and were ordered to pay $9,515 in restitution. Webber received a similar sentence of 24 months probation, with the first four months under home confinement, and was also ordered to pay $9,515 in restitution.
The Cost of Negligence
While the financial penalties may seem modest – a $25 fine for each individual – the larger cost lies in the environmental damage and potential health risks created by the defendants’ actions. Asbestos exposure can lead to severe respiratory illnesses, including asbestosis, lung cancer, and mesothelioma. The $28,544 in total restitution covered the expenses incurred by the company responsible for remediating the contaminated property.
Key Facts
- Defendant(s): George L. Webber, Stephen L. Jones, Michael A. Phelps, Jr.
- Location: East Liverpool, Ohio
- Year: 2010
- Crime: Illegal and negligent asbestos removal
- Statute Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act
- Penalties: $25 fine per defendant, $9,515 restitution per defendant, 24 months probation (6 months home confinement for Jones & Phelps, 4 months for Webber)
- Hazard: Asbestos, a known carcinogen
This case serves as a stark reminder of the dangers of improper asbestos handling and the importance of adhering to environmental regulations designed to protect public health. Authorities continue to emphasize that individuals working with asbestos must be properly trained and equipped to prevent exposure and ensure safe removal practices.
Source: EPA ECHO Enforcement Case Database
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