Koho Contracting Inc, Asbestos Violations, AK 2000

Valdez, AK – Koho Contracting Inc. and two individuals faced federal charges in 2000 for improperly handling and illegally dumping asbestos-containing materials during a water line replacement project in Valdez, Alaska. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of negligent asbestos abatement and the serious health risks associated with the material.

According to court documents, Koho Contracting excavated approximately 800 feet of transite pipe known to contain asbestos. Instead of adhering to federal regulations designed to protect public health and the environment, the company abandoned the hazardous waste in a vacant lot in Anchorage. Crucially, Koho failed to notify the EPA of the asbestos-containing material, a violation of established reporting procedures. They also neglected to properly wet and bag the pipe to prevent the release of dangerous airborne fibers during transport and disposal.

The improper handling of asbestos poses significant health risks. Inhalation of asbestos fibers is a known cause of severe respiratory diseases, including asbestosis – a chronic inflammatory lung disease – and mesothelioma, a rare and aggressive cancer affecting the lining of the chest and abdomen. The EPA’s enforcement action underscores the agency’s commitment to holding companies accountable for endangering public health through reckless disregard for environmental regulations.

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Legal Ramifications and Sentencing

The indictment, filed September 22, 1999, charged Koho Contracting and individuals associated with the project with violations of multiple statutes. Specifically, the charges included violations of 42 U.S.C. 7412(h), 42 U.S.C. 7412(f)(4), 42 U.S.C. 7413(c)(1), relating to the Clean Air Act (CAA), as well as regulations outlined in Title 40 CFR 61.145 and 61.150, which detail specific requirements for asbestos handling and disposal. Additionally, 18 U.S.C. 2, a general criminal code section, was cited.

In February 2000, Koho Contracting and an individual identified as Won pled guilty to one count of violating the CAA. Koho received a sentence of 36 months probation with no financial fine. Won was sentenced to 18 months probation, ordered to pay $2,536 in restitution to Evergreen Environmental, and a $1,000 federal fine. A third individual, Bussell, later pled guilty to a separate count of the indictment in August 2000 and was sentenced to 120 days of electronic monitoring followed by 36 months of probation, also without a financial fine.

Key Facts

Defendant: Koho Contracting Inc.
Location: Valdez and Anchorage, Alaska
Crime: Illegal handling and disposal of asbestos-containing materials
Statutes Violated: 42 U.S.C. 7412(h), 42 U.S.C. 7412(f)(4), 42 U.S.C. 7413(c)(1), Title 40 CFR 61.145, Title 40 CFR 61.150, 18 U.S.C. 2
Hazardous Material: Approximately 800 feet of asbestos-containing transite pipe
Penalties: Probation, restitution, and fines totaling $3,536.

This case serves as a stark reminder of the legal and ethical responsibilities associated with handling hazardous materials. The EPA continues to prioritize enforcement actions against companies and individuals who put public health and the environment at risk by failing to comply with environmental regulations.

Source: EPA ECHO Enforcement Case Database

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