James Petro, Asbestos Release, New York 2015

New Windsor, NY – Former Town of New Windsor officials have been penalized for a negligent release of asbestos during a demolition project, putting residents at risk. James Petro, the former Planning and Zoning Coordinator, and Richard McGoey, the former Town Engineer, both pled guilty to federal charges related to the incident, which occurred in 2015 but came to light following a federal investigation.

The case stems from the Town of New Windsor’s acquisition of a 250-acre parcel adjacent to Stewart Airport in 1999, formerly part of an Army Air Force base. The property included ten buildings constructed in the 1940s known to contain asbestos. While the town sought and received grant funding between 2006 and 2009 to address the hazardous material, critical safety protocols were ignored during a subsequent demolition project.

According to court documents, Petro and McGoey were aware of a 2008 asbestos inspection report detailing the presence of the material in the ten buildings. Despite this knowledge, when planning for the demolition in 2012, they opted to forgo additional asbestos surveys, falsely claiming prior surveys were sufficient. In 2015, a request for proposals was issued for the demolition, deliberately omitting any mention of the asbestos content within the structures. This omission proved to be a critical oversight.

The contract for the demolition was awarded to a contractor with limited asbestos experience and no specialized licensing for asbestos abatement. Despite the lack of a proper asbestos plan or clearance documentation, the Town issued demolition permits. From August 11th to 16th, 2015, the contractor proceeded to demolish the buildings using a backhoe, releasing asbestos fibers directly into the ambient air. Both Petro and McGoey reportedly visited the demolition site during this period, observing the dangerous work without intervention.

The demolition work was halted on August 19, 2015, when officials from the New York State Department of Labor’s Asbestos Control Bureau intervened, suspending work on the debris piles. The incident prompted a federal investigation, ultimately leading to the guilty pleas from Petro and McGoey. Prosecutors stated the defendants acted negligently, knowingly placing others in “imminent danger of death and serious bodily injury.”

Table of Contents

Key Facts

Defendants: James Petro, Richard McGoey
Location: Town of New Windsor, New York
Year of Offense: 2015
Statutes Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act
Charges: Negligently releasing asbestos, placing others in imminent danger
Penalties: James Petro was sentenced to pay a $30,000 fine. Richard McGoey was sentenced to pay a $7,500 fine.
Asbestos Source: Ten buildings on a former Army Air Force base acquired by the town in 1999.

This case highlights the severe consequences of neglecting environmental regulations and prioritizing cost-cutting measures over public safety. The improper handling of asbestos, a known carcinogen, poses a significant health risk to those exposed. The EPA continues to emphasize the importance of adhering to strict asbestos abatement procedures to protect communities from the dangers of this hazardous material.

Source: EPA ECHO Enforcement Case Database

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