DENVER, CO – James Robert Soyars, Jr., 46, was sentenced to six months in federal prison followed by six months of home detention for illegally storing hazardous asbestos-containing waste at an unauthorized Public Storage facility in Denver, Colorado. The sentencing, handed down by Chief U.S. District Judge Wiley Y. Daniel on February 8, 2011, marks the culmination of a case brought forth by the Environmental Protection Agency (EPA) and prosecuted by the U.S. Attorney’s Office for the District of Colorado.
Soyars, owner and operator of Talon Environmental, Inc., a certified asbestos abatement company, knowingly violated federal regulations between September 2005 and August 2006. Rather than properly disposing of asbestos removed from renovation projects in Greeley, Colorado Springs, and Aurora, Soyars directed his employees to store the dangerous material at the Public Storage location on West Hampden. The waste was improperly stored – not properly labeled, and transported in unmarked vehicles – posing a significant health risk to the public and those working at or near the facility.
The investigation revealed a deliberate disregard for safety protocols and a calculated attempt to cut costs by avoiding proper asbestos disposal. Asbestos, a known carcinogen, can cause severe respiratory illnesses, including lung cancer, even with minimal exposure. Federal authorities emphasized the seriousness of the offense, highlighting the potential for long-term health consequences stemming from Soyars’ actions. “The improper handling of asbestos is a crime because even minimal exposure is dangerous,” stated U.S. Attorney John Walsh at the time of the sentencing.
Legal Ramifications
Soyars was initially indicted by a federal grand jury on February 10, 2010, facing nine counts of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(1), which prohibits knowingly violating regulations related to hazardous waste. He ultimately pleaded guilty to two felony counts of failing to deposit asbestos-containing waste at a regulated disposal site. In addition to the prison sentence and home detention, Soyars was ordered to pay $435,477 in restitution to Public Storage to cover the costs of remediation and cleanup. However, his legal troubles did not end there.
In November 2014, Soyars’ supervised release was revoked after failing to fulfill his restitution obligations. He was subsequently re-sentenced to an additional two years of supervised release and again ordered to pay the full $435,477 owed to Public Storage, demonstrating the court’s commitment to ensuring victims are compensated for damages caused by environmental crimes. The protracted legal battle underscores the severity of the initial offense and the persistent efforts to hold Soyars accountable.
Key Facts
- Defendant: James Robert Soyars, Jr.
- Company: Talon Environmental, Inc.
- Location: Denver, Colorado
- Crime: Illegal storage and handling of asbestos-containing waste
- Statutes Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Sentence: 6 months imprisonment, 6 months home detention, $435,477 restitution
- Additional Penalty: 2 years supervised release for failure to pay restitution
- Victim: Public Storage
Lori Hanson, Special Agent in Charge of the EPA’s Criminal Enforcement Office, warned that those who attempt to circumvent environmental regulations will face prosecution. “Asbestos can cause cancer and other serious respiratory diseases and it must be handled safely and legally,” Hanson stated. The case serves as a stark reminder of the importance of adhering to environmental laws and the potential consequences of prioritizing profit over public health and safety.
Source: EPA ECHO Enforcement Case Database
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