Drifton, PA – A Pennsylvania man has been sentenced for illegally demolishing a building containing asbestos and then burying the hazardous material on site, a violation of federal environmental laws. James Umbriac was sentenced in December 2007, following an indictment in August 2006, for knowingly violating regulations designed to protect public health and the environment.
The case, investigated by the Environmental Protection Agency (EPA), centers around the demolition of the former Drifton Shops location. Umbriac oversaw the destruction of approximately 40,000 square feet of asbestos-containing material (ACM), specifically Transite, and instead of properly disposing of it, directed its burial on the property. Subsequent sampling confirmed the presence of Chrysotile ACM, a known carcinogen, and crucially, that the material was friable – meaning it could easily crumble and release dangerous fibers into the air.
According to court documents, Umbriac was initially indicted on six counts of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(1), which addresses the knowing violation of regulations concerning hazardous air pollutants. He also faced a single count of making false statements, a violation of 18 U.S.C. 1001. The false statement charge likely related to misrepresentations made regarding the handling or disposal of the asbestos.
In December 2006, Umbriac pled guilty to one count of violating the Clean Air Act. In exchange for the guilty plea, prosecutors dismissed the remaining five CAA counts and the charge of making false statements. This suggests a negotiated plea agreement was reached, potentially to expedite the case and secure a conviction.
Sentencing and Remediation
On December 12, 2007, Umbriac received a sentence of 36 months of probation, with the first six months to be served under house arrest. He was also ordered to pay a $100 special assessment fee and a $2,000 federal fine. Critically, the court mandated that Umbriac oversee the complete removal and proper disposal of the buried asbestos-containing waste, ensuring the site’s remediation and mitigating the ongoing health risk.
This case highlights the serious consequences of improperly handling asbestos, a substance historically used in construction but now known to cause severe respiratory illnesses, including lung cancer and mesothelioma. The EPA continues to aggressively pursue enforcement actions against individuals and companies who flout environmental regulations, prioritizing the protection of public health and the environment. The financial penalties and required cleanup serve as a deterrent to future violations.
Key Facts
- Defendant: James Umbriac
- Location: Drifton, Pennsylvania
- Crime: Illegal demolition and burial of asbestos-containing material
- Statutes Violated: 42 U.S.C. 7413(c)(1) (Clean Air Act), 18 U.S.C. 1001 (False Statements)
- Sentence: 36 months probation (6 months house arrest), $2,100 in fines and fees, required asbestos cleanup
- ACM Amount: Approximately 40,000 square feet of Chrysotile ACM/Transite
Source: EPA ECHO Enforcement Case Database
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