Major Abatement and Demolition, Asbestos Crime, MO 1999

Kansas City, MO – Major Abatement and Demolition, along with supervisor Nichols Fortner, were convicted in 1998 for knowingly violating federal clean air regulations during a 1995 asbestos abatement project in downtown Kansas City. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate disregard for public health and environmental safety in the handling and disposal of hazardous materials.

Fortner, as supervisor, was responsible for overseeing the removal of asbestos from underground steam pipes. Instead of adhering to the National Emission Standards for Hazardous Air Pollutants (NESHAP) – regulations designed to minimize the release of asbestos fibers into the air – the company and Fortner systematically failed to follow proper protocols. This negligence put workers and the public at risk of exposure to the dangerous substance, known to cause severe respiratory illnesses and cancer.

The investigation uncovered that a portion of the removed asbestos wasn’t disposed of properly at a designated landfill. Instead, it was illegally buried on property owned by Kansas City Southern Railway. This clandestine dumping created a potential long-term health hazard and necessitated a costly remediation effort.

The legal proceedings began on December 21, 1997, with a two-count indictment against both Major Abatement and Demolition and Nichols Fortner, citing violations of 42 U.S.C. 7413 of the Clean Air Act – specifically, knowingly violating the law. Fortner quickly entered a guilty plea on February 26, 1998, to one count. Major Abatement and Demolition followed suit, also pleading guilty to one count on March 26, 1998.

Sentencing occurred over the following months. On June 22, 1998, Nichols Fortner received 48 months of probation and was ordered to pay a $1,000 federal fine. Major Abatement and Demolition faced a stricter penalty, receiving 24 months of probation, a $10,000 federal fine, and a substantial order to cover the $100,000 cost of cleaning up the contaminated Kansas City Southern property. The cleanup ensured the removal of the illegally dumped asbestos, mitigating the risk to the surrounding environment and community.

Table of Contents

Key Facts

Defendant(s): Major Abatement and Demolition & Nichols Fortner
Crime: Illegal asbestos abatement and improper disposal
Location: Kansas City, Missouri
Statute Violated: 42 U.S.C. 7413 (Clean Air Act)
Penalties: Fortner – 48 months probation, $1,000 fine. Major Abatement – 24 months probation, $10,000 fine, $100,000 cleanup costs
Illegal Dumping Site: Kansas City Southern Railway property
Timeline: Abatement occurred in 1995; Indictment in 1997; Sentencing in 1998

GrimyTimes will continue to follow environmental crime cases and report on those who put profit over public safety. This case serves as a stark reminder of the importance of adhering to environmental regulations and the consequences of failing to do so.

Source: EPA ECHO Enforcement Case Database

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