Okawville, IL – Joseph Michael Kehrer was sentenced to five months in federal prison this past August for knowingly violating the Clean Air Act during a 2015 renovation project at the former Okawville Elementary School in Washington County, Illinois. The case, investigated by the U.S. Environmental Protection Agency (EPA) and the Department of Labor, highlights the dangers of improper asbestos abatement and the legal repercussions for failing to adhere to environmental regulations.
According to court documents, Kehrer, the owner of the building at the time of the renovation, directed the removal of over 160 square feet of asbestos-containing materials in February and March of 2015. Crucially, he failed to notify the Illinois Environmental Protection Agency (IEPA) at least ten working days prior to the removal, as mandated by federal law. This lack of notification is a direct violation of 42 U.S.C. 7413(c)(1) of the Clean Air Act, designed to protect public health by controlling the release of hazardous materials like asbestos into the air.
Obstruction of Investigation
The sentencing judge considered Kehrer’s attempts to obstruct the investigation as an aggravating factor. When Occupational Safety and Health Administration (OSHA) inspectors visited the former school, Kehrer allegedly misrepresented the extent of the asbestos present, claiming it was limited to pipe insulation. However, investigators discovered Kehrer had previously received a 2014 asbestos inspection report detailing additional asbestos within the building. Furthermore, Kehrer denied authorizing workers to sand and grind the school floors, despite being the individual who issued the directive.
Asbestos Dangers and Regulations
Asbestos, once widely used in construction, is now known to cause serious health problems, including lung cancer, mesothelioma, and asbestosis. Disturbing asbestos-containing materials can release microscopic fibers into the air, posing a significant health risk to anyone exposed. Federal regulations, including those under the Clean Air Act, require strict adherence to notification, handling, and disposal procedures when dealing with asbestos to minimize these risks. Failing to do so can result in severe criminal penalties.
Sentencing and Future Supervision
In addition to the five-month prison sentence, Judge [Name of Judge not provided in source data] ordered Kehrer to pay a $50,000 criminal fine. Upon his release, Kehrer will be subject to one year of supervised release, with the first five months to be served under home confinement with electronic monitoring. Assistant United States Attorney William E. Coonan prosecuted the case, with support from David P. Mucha, Regional Criminal Enforcement Counsel for the U.S. EPA.
Key Facts
- Defendant: Joseph Michael Kehrer
- Crime: Failure to notify authorities before removing asbestos-containing materials.
- Location: Okawville Elementary School, Okawville, Illinois
- Year of Offense: 2015
- Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Penalty: 5 months imprisonment, $50,000 fine, 1 year supervised release (5 months home confinement)
- Investigating Agencies: U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and U.S. Department of Labor, Office of Inspector General.
This case serves as a stark warning to contractors and building owners: prioritizing cost-cutting measures over environmental safety and legal compliance can have serious consequences, both for public health and for those responsible.
Source: EPA ECHO Enforcement Case Database
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