Valdez, AK – A construction firm and two individuals faced federal charges in 2000 for knowingly violating Clean Air Act regulations during a water line replacement project in Valdez, Alaska. Koho Contracting Inc., along with company representatives, engaged in the improper handling and disposal of asbestos-containing materials, potentially endangering public health and facing repercussions from the Environmental Protection Agency (EPA).
The case, which unfolded throughout 1999 and 2000, centered on the excavation of approximately 800 feet of asbestos-containing transite pipe. Instead of adhering to established safety protocols, Koho Contracting illegally abandoned the hazardous material in a vacant lot in Anchorage. Crucially, the company failed to notify the EPA of the asbestos-containing material removal, a direct violation of federal law. This lack of notification prevented regulatory oversight and ensured the improper handling of a known carcinogen.
The EPA’s investigation revealed a pattern of negligence. Koho Contracting did not adequately wet or bag the asbestos pipe – standard procedures designed to contain airborne fibers – before transporting it. Furthermore, the company bypassed certified disposal facilities, opting for illegal abandonment. Exposure to asbestos fibers, through inhalation, is linked to severe respiratory illnesses, including lung cancer, asbestosis, and mesothelioma, a particularly aggressive cancer affecting the lining of the chest and abdomen. The deliberate disregard for these safety measures demonstrated a reckless disregard for public wellbeing.
Legal Ramifications & Timeline
On September 22, 1999, an indictment was filed against Koho Contracting Inc. and its representatives, outlining two counts of violating the Clean Air Act (CAA) – 42 U.S.C. 7412(f)(4) and (h), 42 U.S.C. 7413(c)(1), and 18 U.S.C. 2, as well as violations of Title 40 CFR 61.145 and 61.150, which specifically govern the handling of asbestos. The charges stemmed from the company’s failure to properly manage and dispose of the hazardous waste.
The legal proceedings saw several guilty pleas. On February 4, 2000, Koho Contracting and an individual identified as Won, pled guilty to Count 2 of the indictment. Koho was sentenced to 36 months of probation, without a financial fine. Won received an 18-month probation sentence, along with a restitution order of $2,536 payable to Steven Green d/b/a Evergreen Environmental, and a $1,000 federal fine. Later, on August 3, 2000, another individual, Bussell, pled guilty to Count 1. Bussell’s sentencing on September 15, 2000, included 120 days of electronic monitoring and 36 months probation, also without a financial fine.
Key Facts
- Defendant: Koho Contracting Inc.
- Location: Valdez & Anchorage, Alaska
- Year: 2000
- Crime: Improper handling and illegal disposal of asbestos-containing materials
- Laws 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
- Penalties: Koho Contracting – 36 months probation. Won – 18 months probation, $2,536 restitution, $1,000 fine. Bussell – 120 days electronic monitoring, 36 months probation.
- Hazard: Asbestos exposure can lead to lung cancer, asbestosis, and mesothelioma.
While no substantial fines were levied against the company or individuals, the case serves as a stark reminder of the serious legal and public health consequences associated with the mishandling of hazardous materials. The EPA continues to prioritize the enforcement of environmental regulations to protect communities from the dangers of toxic waste.
Source: EPA ECHO Enforcement Case Database
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