Leo M. Williams, Violating Clean Air Act And Clean Water Act, New York 2014

BUFFALO, NY – A Pennsylvania construction company and its owner have been sentenced for environmental violations stemming from a demolition project in Jamestown, New York. The case, brought by the U.S. Attorney’s Office for the Western District of New York, highlights the serious consequences of failing to adhere to federal environmental regulations during large-scale construction and demolition.

Lycoming Construction Services, LLC, of Williamsport, Pennsylvania, was convicted of violating the Clean Air Act and sentenced to two years probation and a $100,000 fine by Chief U.S. District Court Judge William M. Skretny. Simultaneously, Leo M. Williams, 66, the owner of the company, received one year of probation and was ordered to pay a $25,000 fine for violating the Clean Water Act. The sentences were handed down on September 3, 2014, concluding a case that began with an investigation into the demolition of the Dahlstrom industrial complex.

The demolition, which took place between January 2012 and November 2013, involved the dismantling of condemned buildings situated along the Chadakoin River, a waterway designated as “waters of the United States.” Prior to the demolition, asbestos surveys identified the presence of asbestos-containing materials within the structures. However, investigators found that Lycoming Construction employees improperly removed asbestos from one of the buildings in February 2012, failing to adequately wet the material – a crucial step to prevent airborne asbestos fibers from spreading. This constituted a direct violation of Clean Air Act asbestos work practice standards, specifically 42 U.S.C. 7413(c)(1).

Compounding the air quality violations, contaminated water from the demolition site was allowed to flow directly into the Chadakoin River. This runoff contained dust and debris, polluting the waterway. Prosecutors argued, and the court apparently agreed, that Williams was aware of the illegal discharge and acted negligently by failing to prevent it. This negligence led to a conviction under the Clean Water Act, 33 U.S.C. 1319(c)(1)(A). The discharge not only harmed the environment but also raised concerns about potential health risks for those utilizing the river.

The investigation, a collaborative effort between the U.S. Environmental Protection Agency (EPA) – Criminal Investigation Division, the U.S. Coast Guard Investigative Service, and the New York State Department of Environmental Conservation Police, underscored the importance of interagency cooperation in combating environmental crimes. Additional support was provided by the New York State Department of Labor and the U.S. Occupational Safety and Health Administration (OSHA), with Williams also ordered to pay $5,000 to OSHA to address related safety violations. As part of the sentencing, Lycoming Construction Services was mandated to implement an environmental training program for its employees, aiming to prevent future violations.

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Key Facts

Defendant: Lycoming Construction Services, LLC and Leo M. Williams
Location: Jamestown, New York
Statutes Violated: Clean Water Act (33 U.S.C. 1319(c)(1)(A)), Clean Air Act (42 U.S.C. 7413(c)(1))
Penalties: Lycoming Construction – 2 years probation, $100,000 fine, environmental training program. Leo M. Williams – 1 year probation, $25,000 fine, $5,000 to OSHA.
Incident: Improper asbestos removal and illegal discharge of contaminated water during demolition of the Dahlstrom industrial complex.
Timeline: Demolition occurred January 2012 – November 2013; Sentencing September 3, 2014.

This case serves as a stern warning to construction and demolition companies: environmental regulations are not merely suggestions, but legally binding requirements. Failure to comply can result in significant financial penalties, reputational damage, and potential criminal charges. The EPA continues to prioritize the investigation and prosecution of environmental crimes to protect public health and the nation’s natural resources.

Source: EPA ECHO Enforcement Case Database

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