Brooklyn, NY – Isaac Itzkowitz was sentenced to 21 months in federal prison in May 1998 for his role in an illegal asbestos removal operation that violated federal environmental regulations. The case, originating from a February 1994 incident, highlights the dangers of improper asbestos handling and the consequences of failing to adhere to environmental protection laws.
According to court documents, Itzkowitz was hired by building owner Landau to remove over 260 linear feet of asbestos from an apartment building in Brooklyn. The removal process involved *friable* asbestos – a particularly hazardous form of the material – and was conducted without any notification to the Environmental Protection Agency (EPA). This blatant disregard for established protocols directly violated the National Emission Standards for Hazardous Air Pollutants (NESHAPS) regulations under the Clean Air Act.
Indictment and Trial
The pair were indicted on August 28, 1996, facing charges of violating the Clean Air Act and conspiracy. The indictment alleged that both Itzkowitz and Landau knowingly violated regulations designed to protect public health and the environment. Itzkowitz faced two counts of violating 42 U.S.C. 7413, which prohibits knowingly violating the Clean Air Act, and one count of conspiracy to do so under 18 U.S.C. 371.
Conviction and Sentencing
Following a jury trial, Itzkowitz was convicted on all three counts on July 15, 1997. Landau opted to plead guilty to the two Clean Air Act charges. While Landau received a $75,000 federal fine, Itzkowitz was handed a 21-month prison sentence on May 13, 1998, with no fine imposed. The sentencing reflects the court’s assessment of Itzkowitz’s direct involvement in the dangerous removal process itself.
Asbestos: A Continued Threat
Asbestos, once widely used in construction materials, poses significant health risks when its fibers become airborne. Inhalation can lead to serious illnesses, including lung cancer, mesothelioma, and asbestosis. The EPA’s NESHAPS regulations are crucial in minimizing exposure during asbestos removal, requiring proper containment, worker protection, and notification procedures. This case serves as a stark reminder of the potential consequences of neglecting these vital safety measures.
Key Facts
- Defendant: Isaac Itzkowitz
- Location: Brooklyn, New York
- Date of Offense: February 1994
- Laws Violated: 18 U.S.C. 371 (Conspiracy), 42 U.S.C. 7413(c)(4) (Clean Air Act violation)
- Penalty (Itzkowitz): 21 months incarceration
- Penalty (Landau): $75,000 fine
- Crime: Illegal removal of over 260 linear feet of friable asbestos without proper notification or safety protocols.
GrimyTimes will continue to follow environmental crime cases and report on those who endanger public health and safety for profit.
Source: EPA ECHO Enforcement Case Database
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