Kenneth Baez-Alers, Violations of Clean Air Act and CERCLA, Puerto Rico 2018

San Juan, Puerto Rico – Kenneth Baez-Alers, project manager for AIREKO Construction Company, has been sentenced to 12 months of probation for his role in the illegal and dangerous asbestos abatement at an office building in Puerto Rico. The sentencing, handed down on April 12, 2018, marks the latest development in a case that exposed numerous individuals to the hazardous substance and required a year-long cleanup effort.

The case stems from events in May 2012, when subcontractors working on the office building renovation improperly removed asbestos-containing ceiling materials. Rather than following proper disposal protocols, the contaminated materials were simply dumped behind the building, releasing asbestos fibers into the surrounding environment. This reckless act led to widespread contamination of the entire building, forcing its closure in 2015.

Federal investigators determined AIREKO Construction Company failed to notify authorities about the hazardous substance release, a critical violation of environmental regulations. The subsequent cleanup was extensive and costly, taking nearly a year to complete. The Environmental Protection Agency (EPA) spearheaded the investigation and prosecution, highlighting the severity of the offense and the potential health risks posed to the public.

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Corporate and Individual Accountability

AIREKO Construction Company was previously sentenced in August 2017 to pay a $1.5 million fine and serve a three-year term of probation. As part of the sentence, the company was also ordered to contribute $172,020 to fund baseline medical examinations and follow-up tests for individuals potentially exposed to the asbestos fibers. Edgardo Albino, AIREKO’s vice president and owner, also faced consequences, receiving a $15,000 fine, a three-year probation period, and 300 hours of community service after pleading guilty to a charge under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Legal Violations and Penalties

Baez-Alers pleaded guilty to violations of both the Clean Air Act (CAA) and CERCLA. Specifically, he violated 42 U.S.C. 7413(c)(1), pertaining to the CAA’s National Emission Standards for Hazardous Air Pollutants (NESHAP), and 42 U.S.C. 9603(b)(3), relating to CERCLA’s provisions regarding the reporting of hazardous substance releases. While Baez-Alers received a comparatively lenient sentence of 12 months probation, the case serves as a stark warning about the serious legal and financial repercussions of mishandling hazardous materials.

Key Facts

Defendant: Kenneth Baez-Alers
Company: AIREKO Construction Company
Location: Puerto Rico
Year of Sentencing: 2018
Violated Laws: Clean Air Act (42 U.S.C. 7413(c)(1)), CERCLA (42 U.S.C. 9603(b)(3))
Penalty (Baez-Alers): 12 months probation
Penalty (AIREKO): $1.5 million fine, 3 years probation, $172,020 for medical testing
Penalty (Albino): $15,000 fine, 3 years probation, 300 hours community service
Contamination Source: Improper asbestos removal during office building renovation.