West Palm Beach, FL – A 2006 federal case exposed a blatant disregard for public health and environmental regulations during a building renovation project. Mark Schwartz, owner of Mark Schwartz Construction, faced criminal charges after directing workers to remove asbestos from a West Palm Beach property without adhering to mandated safety protocols. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of negligence involving multiple parties connected to the Parkland Town Center, LLC renovation.
The project centered around a building owned by Parkland Town Center, LLC and its owner, Kozokoff. Schwartz, acting as the general contractor, oversaw the demolition and renovation. Instead of implementing proper asbestos abatement procedures – which include notification to regulatory agencies and provision of personal protective equipment for workers – Schwartz allegedly instructed his crew to proceed with removal without these vital safeguards. This put workers and potentially the public at risk of exposure to the dangerous fibers.
The EPA’s investigation began after discovering the unauthorized asbestos removal. On May 31, 2005, Schwartz was initially charged with violating Section 42 U.S.C. 7413(c)(2)(B) of the Clean Air Act (CAA), specifically for failing to notify the EPA prior to asbestos removal. He quickly pled guilty to this charge on August 24, 2005, and was sentenced to five years of probation and a $100 special assessment fee on November 9, 2005.
Broader Indictments and Convictions
The scope of the violations soon expanded, leading to indictments against Parkland Town Center, Kozokoff, and another individual, Dykes. They were charged with violations of both Section 42 U.S.C. 7413(c)(1) and 42 U.S.C. 7413(c)(2)(B) of the CAA, encompassing the failure to file a required demolition/renovation notice and non-compliance with National Emission Standards for Hazardous Air Pollutants (NESHAP) work practice standards. Kozokoff later pled guilty to being an accessory after the fact to the notification failure. After a trial, Dykes was convicted on both counts in May 2006 and received a 24-month prison sentence, 24 months of probation, and a $200 assessment fee. His subsequent appeal was denied by the Eleventh Circuit Court.
Penalties and Fines
The legal repercussions extended to the corporate entity as well. Parkland Town Center pled guilty to failing to file the required notice. On August 1, 2006, sentencing concluded with Kozokoff receiving 24 months of probation, a $25 assessment, and a substantial $25,000 federal fine. Parkland Town Center faced even steeper penalties: 24 months probation, a $400 assessment, and a $125,000 federal fine. The case highlights the severe financial and legal consequences of neglecting asbestos safety regulations.
Key Facts
- Defendant: Mark Schwartz, owner of Mark Schwartz Construction
- Location: West Palm Beach, Florida
- Year: 2006
- Statutes Violated: 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(2)(B) – Clean Air Act
- Violation: Improper asbestos removal during building renovation without notification or worker protection.
- Penalties: Schwartz received 60 months probation and a $100 fee. Parkland received 24 months probation and a $125,000 fine. Kozokoff received 24 months probation and a $25,000 fine. Dykes received 24 months incarceration and 24 months probation.
GrimyTimes will continue to follow environmental crime cases and report on violations that endanger public health.
Source: EPA ECHO Enforcement Case Database
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