Midwest Asbestos Control, Asbestos Removal, KS 1994

Wichita, KS – Midwest Asbestos Control, Incorporated (MAC) faced federal penalties following a guilty plea to charges of illegally removing asbestos-containing material, potentially endangering both its workers and the environment. The case, originating in 1994, highlights the serious consequences of failing to adhere to regulations surrounding hazardous material handling.

According to court documents, a supervisor at MAC directed employees to improperly remove asbestos, leading to a release of the dangerous substance into the surrounding area. The improper procedures not only violated federal environmental laws but also created a significant health risk for the workers involved, who were potentially exposed to the harmful fibers. The Environmental Protection Agency’s (EPA) criminal enforcement division investigated the incident, uncovering evidence of deliberate disregard for safe handling protocols.

The case centered around violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), specifically 42 U.S.C. 9603(c), which addresses the illegal removal of hazardous substances. Federal prosecutors argued that MAC’s actions demonstrated a clear intent to circumvent established safety measures in order to cut costs or expedite the removal process. The decision to pursue criminal charges underscores the EPA’s commitment to holding companies accountable for endangering public health and the environment.

On May 23, 1994, MAC pled guilty to the charges outlined in the information. The sentencing, handed down on July 25, 1994, saw the company fined $2,500 and assessed a $200 court fee. Additionally, a supervisor involved in directing the improper removal, identified as “Buch” in court records, received a 36-month probationary sentence. Buch was also ordered to perform 100 hours of community service and pay a $25 special assessment fee.

The December 1, 1994, formal charge detailed one count of violating CERCLA 42 U.S.C. 9603(c) – illegal removal. While the financial penalties may appear modest by today’s standards, legal experts at the time noted the significance of the criminal convictions, which could impact MAC’s ability to secure future contracts and operate within the regulated asbestos removal industry. The case serves as a cautionary tale for other companies involved in hazardous material handling.

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Key Facts

Defendant: Midwest Asbestos Control, Incorporated (MAC)
Location: Kansas
Year: 1994
Crime: Illegal Asbestos Removal
Statute Violated: 42 U.S.C. 9603(c) – CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act)
Company Penalty: $2,500 fine + $200 court fee
Individual Penalty (Buch): 36 months probation, 100 hours community service, $25 special assessment
Exposure Risk: Workers potentially exposed to asbestos during improper removal.

GrimyTimes will continue to follow developments in environmental crime cases and provide updates as they become available.

Source: EPA ECHO Enforcement Case Database

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