Rochester, NY – A Pittsford man was sentenced to over a year in federal prison last week for knowingly violating Clean Air Act regulations during a 2009 renovation project, potentially exposing workers and the public to dangerous asbestos levels. Kenneth Horan, 38, received a 12-month and one-day prison sentence, followed by a 24-month probation period, and was ordered to pay a $10,000 fine.
The case, investigated by the U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and the New York State Department of Environmental Conservation Police, revealed a reckless disregard for public safety. Horan, acting as project supervisor for a commercial building located at 4366 Culver Road in Irondequoit, directed an untrained and unlicensed worker to remove approximately 500 linear feet of friable asbestos pipe wrap. Critically, no respiratory protection was provided to the worker undertaking this hazardous task.
The violations didn’t stop there. Horan also caused asbestos-contaminated materials to be released into the environment when scrap metal dealers unknowingly removed asbestos-containing pipes from the building’s basement. Subsequent environmental testing confirmed the presence of dangerous levels of chrysotile asbestos around the property, raising serious concerns about potential public exposure to the known carcinogen.
Legal Ramifications
Horan was initially charged on May 17, 2011, with one count of violating 42 U.S.C. 7413(c)(1) of the Clean Air Act – knowingly violating National Emission Standards for Hazardous Air Pollutants. He pleaded guilty on November 7, 2011. The statute carries a maximum penalty of five years in prison, a $250,000 fine, or both. The sentencing, handed down by Judge David G. Larimer on February 15, 2012, reflects the severity of the offenses.
A Pattern of Neglect
According to Assistant U.S. Attorney John J. Field, who prosecuted the case, Horan’s actions demonstrated a clear pattern of negligence. The defendant was fully aware of the asbestos-containing materials on site and the stringent safety protocols required for their removal, yet deliberately bypassed these regulations, prioritizing cost-cutting measures over the health and safety of those involved and the surrounding community.
Official Statements
U.S. Attorney William J. Hochul, Jr. emphasized the importance of adhering to federal environmental laws. “This case should serve as a warning to those involved in remediation or renovation projects,” Hochul stated. “You have an obligation to follow the federal environmental health laws. If you ignore federal regulations, you can endanger the lives of those working on a project as well as those who live nearby and you will be prosecuted.”
Key Facts
- Defendant: Kenneth Horan, 38, of Pittsford, NY
- Crime: Clean Air Act violation – improper asbestos removal
- Location: 4366 Culver Road, Irondequoit, NY
- Date of Offense: October 2009
- Statute Violated: 42 U.S.C. 7413(c)(1)
- Sentence: 12 months and 1 day imprisonment, 24 months probation, $10,000 fine
- Agencies Involved: U.S. EPA Criminal Investigation Division, NYS DEC Police, Irondequoit Police, Irondequoit Fire Marshal
The successful prosecution of this case underscores the commitment of federal and state agencies to vigorously enforce environmental regulations and hold accountable those who endanger public health through negligent or unlawful practices.
Source: EPA ECHO Enforcement Case Database
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