Monterey, CA – A California drywall subcontractor, Melinda “Mindy” Gillen, was sentenced in March 2012 after pleading guilty to violating the Clean Air Act (CAA) in connection with the illegal handling and disposal of asbestos-containing materials. The case, originating from an investigation by the EPA’s Criminal Investigation Division (EPA-CID) and information provided by the Monterey Bay Unified Air Pollution Control District, revealed a deliberate disregard for public health and environmental regulations during the renovation of a building intended to become a Montessori school.
The investigation centered around North Bay Contractors, owned by Peter Reynolds, who was contracted to prepare the building for its new purpose. Prior to the purchase, a survey identified the presence of asbestos in the popcorn acoustic ceiling. Reynolds knowingly directed Gillen and her team to “sandwich” the asbestos material with a new layer of drywall – a method intended to conceal the hazardous substance rather than safely remove it. This work was performed without the necessary precautions, including proper notification, emission controls, or adequately trained personnel, constituting a significant breach of asbestos regulations.
Further compounding the violations, Reynolds ordered the removal of a portion of the asbestos-covered ceiling to strengthen the roof. Instead of legally abating the material, he and his crew scraped it off, discarding the waste into standard garbage bags and storing it in Reynolds’ personal truck for approximately two months. This reckless handling exposed workers and potentially the public to dangerous asbestos fibers, a known carcinogen.
The scope of the illegal activity exceeded regulatory thresholds. The area of ceiling removed by Reynolds triggered requirements under the National Emission Standards for Hazardous Air Pollutants (NESHAP), while the amount of asbestos disturbed by Gillen’s crew surpassed jurisdictional limits. The EPA-CID determined that both Reynolds and Gillen acted with negligence, knowingly violating federal law to cut costs and expedite the renovation project, jeopardizing the health and safety of those nearby.
Legal Ramifications
Reynolds was initially charged on September 14, 2011, with one count of violating 42 U.S.C. 7413(c)(4) – negligent release of a hazardous substance – and subsequently pleaded guilty. On February 16, 2012, he was sentenced to 12 months of probation and ordered to pay a $500 federal fine. Gillen faced the same charge and also pleaded guilty on November 17, 2011. She received a similar sentence on March 8, 2012: 12 months probation and a $500 federal fine.
Key Facts
- Defendant: Melinda “Mindy” Gillen and Peter Reynolds (North Bay Contractors)
- Location: Monterey, California
- Year: 2012
- Statute Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act (CAA) negligent release
- Crime: Improper disturbance, removal, and disposal of Regulated Asbestos Containing Material (RACM)
- Sentence: 12 months probation and $500 federal fine for both defendants
- Context: Renovation of a building intended for use as a Montessori school
This case serves as a stark reminder of the serious consequences associated with asbestos violations. The EPA continues to prioritize the enforcement of environmental regulations to protect public health and hold accountable those who knowingly endanger communities through illegal and unsafe practices. GrimyTimes will continue to follow environmental crime cases as they develop.
Source: EPA ECHO Enforcement Case Database
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