Denver, CO – Former National Service Cleaning senior manager, Joseph John Cannella, faced federal charges and penalties for negligently releasing asbestos during a 1999 abatement project at a Colorado high school, according to court documents unsealed by the Environmental Protection Agency (EPA). The incident led to the school’s closure and exposed students and staff to the dangerous substance.
Cannella was charged on September 11, 2006, with two counts of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(4), which addresses negligent release of hazardous air pollutants. The charges stemmed from an investigation following reports of visible asbestos contamination throughout the high school following the completion of the abatement work. Investigators discovered asbestos fibers present on surfaces in student lockers, classrooms, and along walls, indicating a failure to adhere to National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations during the removal process.
The school was immediately forced to close its doors while a thorough environmental cleanup was undertaken. The cost of the subsequent remediation, combined with the disruption to students’ education, prompted the EPA’s criminal investigation. Evidence presented showed Cannella, in his managerial role, failed to ensure proper containment and removal protocols were followed, leading directly to the widespread contamination.
Cannella entered a guilty plea to both counts levied against him. The prosecution argued his negligence demonstrated a disregard for public health and safety, especially considering the vulnerable population exposed – students and school staff. While the incident occurred in 1999, the investigation took several years to complete due to the complexity of tracing the source and scope of the contamination, and establishing a clear link to the defendant’s actions.
Penalties & Legal Ramifications
On November 20, 2006, Cannella received a sentence of 36 months probation. In addition to probation, he was ordered to pay $1 in restitution (likely covering minimal direct costs), a $50 special assessment fee, and a substantial $40,000 fine. Legal experts suggest the fine, while significant, may appear relatively low given the severity of the environmental and public health consequences. The case highlights the EPA’s commitment to pursuing criminal charges against individuals who negligently endanger communities through improper handling of hazardous materials.
Key Facts
- Defendant: Joseph John Cannella
- Company: National Service Cleaning
- Location: Colorado High School
- Year of Incident: 1999
- Charges: Two counts of violating 42 U.S.C. 7413(c)(4) – Negligent Release under the Clean Air Act
- Sentence: 36 months probation, $1 restitution, $50 assessment, $40,000 fine
- Impact: School closure and asbestos exposure for students and staff
The GrimyTimes will continue to follow EPA enforcement cases and provide updates on environmental crimes as they unfold.
Source: EPA ECHO Enforcement Case Database
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