James L. Clemensen, Asbestos Violations, WA 1999

Othello, WA – James L. Clemensen, the former operator of the now-defunct Agape School for Boys, was sentenced to probation and fined for knowingly violating federal asbestos regulations, according to court records unsealed this week. The case, originating from an investigation in 1998, reveals a pattern of negligent and illegal handling of hazardous materials at the Othello, Washington facility between 1993 and 1995.

GrimyTimes has learned that Clemensen, while running the Agape School – located on a converted military base – engaged in the unauthorized removal of asbestos-containing material (ACM) from steam pipes. Rather than proper abatement, the dangerous insulation was simply buried on school grounds. This practice not only exposed students and staff to potential health risks but also directly violated the Toxic Substances Control Act (TSCA).

The Environmental Protection Agency (EPA) investigation determined that between April 1993 and June 1994, Clemensen failed to conduct required inspections for ACM within the school buildings. Crucially, he also neglected to develop a comprehensive asbestos management plan, a legally mandated protocol for identifying, managing, and mitigating asbestos risks. Following the initial improper removal and burial, Clemensen belatedly hired a licensed abatement contractor in July 1995 to excavate and properly dispose of the buried ACM – a reactive measure taken only after the damage was already done.

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Legal Ramifications

Clemensen was initially charged on July 23, 1998, with three counts of violating 15 U.S.C. 2615, a section of the TSCA addressing violations related to asbestos handling and reporting. He subsequently pled guilty to one count of the Information on November 23, 1998. The sentencing, handed down shortly after the guilty plea, included 36 months of probation and a $1,500 federal fine. Additionally, Clemensen violated 18 U.S.C. 1001 by providing false information to federal investigators.

A Pattern of Neglect

Sources close to the investigation suggest that Clemensen’s actions were driven by a desire to cut costs at the Agape School, a residential facility for troubled boys. The school itself faced numerous allegations of abuse and mismanagement, contributing to its eventual closure. The improper asbestos handling is now seen as another example of Clemensen prioritizing financial gain over the safety and well-being of those under his care.

Key Facts

Defendant: James L. Clemensen
Location: Agape School for Boys, Othello, Washington
Timeframe of Violations: April 1993 – June 1994 (removal & burial); July 1995 (corrective action)
Statutes Violated: 15 U.S.C. 2615 (TSCA), 18 U.S.C. 1001
Penalties: 36 months probation, $1,500 fine
Crime: Illegal removal and improper disposal of asbestos-containing materials; failure to inspect for asbestos and develop a management plan.

The EPA continues to emphasize the importance of adhering to asbestos regulations, given the serious health risks associated with exposure to the material. This case serves as a stark reminder of the potential consequences for those who knowingly disregard these critical safety standards.

Source: EPA ECHO Enforcement Case Database

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