James Umbriac, Violating Clean Air Act, Pennsylvania 2007

Drifton, PA – A Pennsylvania man has been sentenced for illegally demolishing a building containing asbestos and then burying the hazardous material on-site, according to federal court records. James Umbriac was sentenced in December 2007, following an indictment in August 2006, for violating the Clean Air Act and making false statements to investigators.

The case stemmed from the demolition of the former Drifton Shops location. Investigators discovered that approximately 40,000 square feet of asbestos-containing material (ACM), specifically Chrysotile ACM in the form of Transite, was present in the building. Rather than properly abating and disposing of the asbestos, Umbriac directed its burial at the demolition site, a clear violation of federal environmental regulations designed to protect public health and safety.

The Environmental Protection Agency’s (EPA) Criminal Investigation Division launched an investigation after the improper demolition. Samples confirmed the presence of the friable asbestos, meaning it could easily be broken into airborne particles, posing a significant inhalation risk. Umbriac was initially indicted on six counts of knowingly violating the Clean Air Act (42 U.S.C. 7413(c)(1)) and one count of making false statements (18 U.S.C. 1001). The false statement charge likely related to misrepresentations made regarding the handling or disposal of the ACM.

In December 2006, Umbriac pled guilty to a single count of violating the Clean Air Act. In exchange for the guilty plea, prosecutors dismissed the remaining five counts related to the CAA and the charge of making false statements. The plea agreement did not lessen the severity of the environmental crime, however, as the court imposed a substantial penalty focused on remediation and financial repercussions.

On December 12, 2007, Umbriac received a sentence of 36 months probation, with the first six months to be served under house arrest. Beyond the restrictions on his freedom, Umbriac was ordered to pay a $100 special assessment fee, a $2,000 federal fine, and, crucially, to undertake the complete removal and proper disposal of the illegally buried asbestos-containing waste. The cleanup order ensures the site is no longer a public health hazard.

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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), $100 assessment, $2,000 fine, asbestos abatement/cleanup
ACM Amount: Approximately 40,000 square feet of Chrysotile ACM/Transite

This case highlights the EPA’s commitment to pursuing criminal enforcement of environmental laws, particularly concerning hazardous materials like asbestos. Improper handling of asbestos can lead to serious health consequences, including lung cancer and other respiratory diseases. The penalty in this case sends a message that knowingly violating environmental regulations and endangering public health will not be tolerated.

Source: EPA ECHO Enforcement Case Database

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