Joseph Nenstiel, Asbestos Removal, PA 2004

Philadelphia, PA – Joseph Richard Nenstiel, Jr. was sentenced to probation and fined for illegally removing and improperly disposing of asbestos from the Gardens Apartment complex in Pennsylvania, according to records filed with the Environmental Protection Agency (EPA). The case, prosecuted under the Clean Air Act, highlights the ongoing risks posed by negligent asbestos handling and the potential for environmental and public health consequences.

The criminal investigation revealed that Nenstiel, acting without proper permits or safety precautions, removed asbestos-containing insulation from steam pipes within the basements of multiple units at the Gardens Apartments. Asbestos, a known carcinogen, poses significant health risks when its fibers become airborne and inhaled. Instead of following strict federal and state regulations for asbestos abatement – which include controlled removal, packaging, and disposal at designated landfills – Nenstiel illegally dumped the hazardous material at unknown locations, potentially exposing the public and the environment to dangerous contamination.

The EPA’s Criminal Investigation Division (CID) spearheaded the probe, uncovering evidence of Nenstiel’s deliberate disregard for established safety protocols. Investigators determined that the improper removal created a substantial risk of asbestos fibers being released into the air, threatening the health of residents and anyone in proximity to the disposal sites. The investigation faced challenges in tracing the final dumping locations, further complicating efforts to remediate potential contamination.

On October 1, 2003, Nenstiel was formally charged with one count of violating the Clean Air Act, specifically 42 U.S.C. 7413(c), which addresses the improper removal of asbestos. This section of the CAA prohibits the failure to follow national emission standards for hazardous air pollutants, including asbestos, during demolition or renovation activities. The charge stemmed from his actions at the Gardens Apartment complex, where he knowingly circumvented regulations designed to protect public health and the environment.

After several months, on February 26, 2004, Nenstiel entered a guilty plea to the single count. Judge [Name of Judge not provided in source data] subsequently sentenced him to a 24-month period of probation. In addition to probation, Nenstiel was ordered to pay a $100 special assessment fee and a $500 federal fine. While the financial penalties are relatively modest, the case serves as a warning to others involved in construction and renovation trades that environmental crimes carry serious legal consequences.

The EPA continues to prioritize the enforcement of asbestos regulations, conducting inspections and investigations to ensure compliance. Illegal asbestos removal not only jeopardizes public health but also places an unfair burden on communities and legitimate contractors who adhere to the law. This case underscores the importance of proper training, permitting, and disposal practices when dealing with this hazardous material.

Key Facts

Defendant: Joseph Richard Nenstiel, Jr.
Location: Gardens Apartment Complex, Pennsylvania
Year: 2004
Crime: Illegal asbestos removal and improper disposal.
Statute Violated: 42 U.S.C. 7413(c) – Clean Air Act (improper asbestos removal).
Penalty: 24 months probation, $100 special assessment fee, and $500 federal fine.
Asbestos Disposal: Illegally dumped at unknown locations.

GrimyTimes will continue to follow developments in environmental crime and provide updates as they become available.

Source: EPA ECHO Enforcement Case Database

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