Lexington, KY – A botched asbestos abatement project at Lexington’s Fayette Mall in 1993 led to nearly $1 million in emergency cleanup costs and ultimately, criminal convictions for several individuals and the contracting company, IEMC Environmental Group. The case, prosecuted by the Environmental Protection Agency (EPA) and finalized in 1997 with sentencing, highlights the dangers of improper handling of hazardous materials and the potential for widespread contamination.
IEMC and its IES Lead Paint Division were hired by Crown American Corporation to remove asbestos from the Hess Department Store. However, the Kentucky Department of Environmental Protection swiftly intervened, issuing a cease and desist order on March 10, 1993, after discovering the abatement was being conducted *without* proper water suppression techniques. This negligence resulted in extensive asbestos contamination throughout the entire building—not just in the designated abatement areas, but also within heating and cooling ducts, inner walls, and supporting columns. The lack of containment posed a significant health risk to mall employees and shoppers.
Federal charges were filed on January 10, 1996, alleging five counts of violating the Toxic Substances Control Act (TSCA), specifically 42 U.S.C. 7412(f)(4), which prohibits the failure to properly contain and dispose of hazardous air pollutants like asbestos. The indictment named IEMC Environmental Group, IES Lead Paint, and four individuals: project manager Barri Shurelds, onsite supervisor Sam Robinson, and supervisors Sean Shurelds and Hosea Eusebio.
After initial charges, a superseding indictment was filed, maintaining the same counts against all defendants. The legal proceedings culminated in a guilty plea from IEMC Environmental Group to one count. Barri Shurelds went to trial and was convicted on the charges brought against him. The severity of the contamination and the deliberate disregard for safety protocols were key factors in the prosecution’s case. Crown American Corporation was ultimately forced to undertake a costly emergency cleanup, totaling approximately $1 million, to remediate the hazardous conditions created by IEMC’s negligence.
Sentencing & Penalties
On October 3, 1997, the court handed down the following sentences:
- IEMC Environmental Group: 60 months probation and a $200 fine.
- IES Lead Paint: 60 months probation and a $200 fine.
- Barri Shurelds: 51 months incarceration, 36 months probation, and a $50 fine.
- Hosea Eusebio: Six months incarceration, 12 months probation, and a $50 fine.
- Samuel Robinson: 10 months incarceration, 24 months probation, and a $50 fine.
- Sean Shurelds: 24 months probation and a $50 fine.
Key Facts
- Defendant: IEMC Environmental Group, IES Lead Paint, and four individuals
- Location: Fayette Mall, Lexington, Kentucky
- Year of Incident: 1993
- Statute Violated: 42 U.S.C. 7412(f)(4) – Toxic Substances Control Act
- Contamination: Widespread asbestos contamination throughout the Hess Department Store, including HVAC systems and structural elements.
- Cleanup Cost: Approximately $1 million for emergency remediation.
- Key Issue: Failure to use proper water suppression techniques during asbestos abatement.
This case serves as a stark reminder of the importance of adhering to environmental regulations and the serious consequences of failing to protect public health during hazardous material removal. The EPA continues to aggressively pursue enforcement actions against companies and individuals who put profits before safety.
Source: EPA ECHO Enforcement Case Database
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