South Point, OH – Mark Harris, the former majority owner and operator of South Point Biomass Generation LLC, was sentenced earlier this month for knowingly violating federal environmental regulations while dismantling a former coal-fired power plant. The case, investigated by the Environmental Protection Agency (EPA), reveals a deliberate scheme to illegally remove and discard asbestos-containing materials in pursuit of profit.
Harris acquired the power plant on Collins Avenue in South Point, Ohio, in 2008 with plans to convert it to a renewable energy facility. However, an initial asbestos survey revealed the presence of approximately 224,000 square feet of asbestos-containing materials throughout the boiler room. Despite this knowledge, Harris proceeded with a large-scale dismantling operation beginning in 2011, focusing on the removal of metal for scrap.
Court documents detail how Harris directed workers to remove an estimated 2.5 million pounds of metal from the plant between 2011 and October 2013. Critically, a significant portion of this metal was covered in asbestos. Harris allegedly instructed others to cut through asbestos warning labels on pipes to access the valuable scrap underneath. The asbestos was then stripped from the metal in a dry state, leaving hazardous material scattered across all six floors of the facility. This reckless handling posed a significant health risk to workers and the surrounding community.
Legal Ramifications
Harris pleaded guilty to one count of violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(1). This section of the Act prohibits knowingly failing to properly remove asbestos-containing materials before demolition or renovation. The EPA’s criminal enforcement program targets those who knowingly disregard environmental regulations, prioritizing public health and safety. The deliberate nature of Harris’s actions – commissioning the survey, understanding the risk, and then actively directing the illegal removal – contributed to the severity of the charges.
Sentencing and Community Impact
On September 5, 2019, Harris was sentenced to two days in prison, followed by 58 days of house arrest, and 200 hours of community service. While the sentence may seem lenient to some, EPA officials emphasize that the case sends a clear message that environmental crimes will be prosecuted. The cleanup of the South Point Biomass Generation LLC facility remains ongoing, with significant costs borne by responsible parties and potentially taxpayers.
Key Facts
- Defendant: Mark Harris
- Location: South Point, Ohio
- Year: 2019
- Crime: Illegal asbestos removal and disposal
- Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Amount of Asbestos: Approximately 224,000 square feet identified in initial survey.
- Metal Removed: Approximately 2.5 million pounds of scrap metal.
- Penalty: 2 days prison, 58 days house arrest, 200 hours community service.
The case highlights the dangers of asbestos exposure and the importance of adhering to environmental regulations during demolition and renovation projects. Authorities urge anyone with information regarding illegal asbestos handling to contact the EPA’s tip line.
Source: EPA ECHO Enforcement Case Database
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