Springfield, IL – Joseph Chernis, 35, was sentenced to 37 months in federal prison on February 5, 2018, for knowingly and illegally removing asbestos from the former Pillsbury Mills facility in Springfield, Illinois. The case, investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, highlights the dangers of improper asbestos abatement and the severe consequences for those who prioritize profit over public safety and environmental regulations.
Chernis pleaded guilty in April 2017 to three counts of violating the Clean Air Act (42 U.S.C. 7413(c)(1)). Court documents revealed that between October 2014 and August 2015, Chernis contracted an untrained individual to remove dry asbestos-containing pipe insulation from within four buildings on the Pillsbury Mills property, including the Dryer building. This removal was conducted without adhering to established safety protocols or legal requirements for handling such a hazardous material.
The illegal asbestos removal created significant health risks for both the worker performing the abatement and the surrounding community. Asbestos exposure is known to cause severe respiratory diseases, including cancer, and can take decades to manifest. Prosecutors emphasized that Chernis was fully aware of the regulations governing asbestos removal but deliberately chose to disregard them in an attempt to cut costs and expedite the project.
Millions in Cleanup Costs
The reckless actions of Chernis forced the EPA to intervene and undertake a costly cleanup operation, reportedly totaling millions of dollars. U.S. Attorney John E. Childress stated that Chernis’s actions “endangered the health of those performing the asbestos removal and others,” adding to the financial burden placed on taxpayers to remediate the situation. Brad Ostendorf, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Illinois, echoed this sentiment, stressing that the agency “will not abide those who try to make money by breaking the law.”
Clean Air Act Regulations
The EPA maintains strict regulations regarding the removal, handling, and disposal of asbestos under the Clean Air Act. Owners and operators of renovation or demolition projects involving asbestos-containing materials exceeding specified thresholds are legally obligated to comply with these regulations, which include proper containment, worker protection, and disposal procedures. Failure to do so constitutes a criminal offense, carrying significant penalties.
Sentence and Supervised Release
In addition to the 37-month prison sentence, Chernis was ordered to serve a three-year term of supervised release following his incarceration. This will involve regular check-ins with a probation officer and adherence to specific conditions aimed at preventing future violations. The prosecution was handled by Assistant U.S. Attorney Crystal Correa and Special Assistant U.S. Attorney James Cha of the U.S. Environmental Protection Agency.
Key Facts
- Defendant: Joseph J. Chernis, IV
- Crime: Illegal asbestos removal and violation of the Clean Air Act
- Location: Former Pillsbury Mills facility, Springfield, Illinois
- Statute Violated: 42 U.S.C. 7413(c)(1)
- Sentence: 37 months federal prison, 3 years supervised release
- Financial Impact: EPA cleanup costs estimated in the millions of dollars
This case serves as a stark warning to contractors and property owners that knowingly violating environmental regulations can lead to severe criminal penalties and significant financial repercussions. The EPA continues to prioritize the enforcement of environmental laws to protect public health and the environment.
Source: EPA ECHO Enforcement Case Database
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