Sitka, AK – Mountain Aviation, Inc., a small aircraft flight service operating in southeast Alaska, was sentenced last July after pleading guilty to ten counts of violating the Clean Air Act (CAA) in a reckless asbestos renovation project near the Sitka Airport Terminal. The company and its leadership knowingly exposed workers and potentially the public to dangerous asbestos fibers, demonstrating a callous disregard for health and environmental regulations.
The case, uncovered by EPA investigators, details a 1997 renovation of a former Eagle Aviation building acquired by Mountain Aviation. Operations Manager Hackett discovered asbestos-containing ceiling material during a pre-renovation inspection. While bids were obtained from certified asbestos abatement contractors, the company opted to bypass professional removal due to cost concerns. Instead, Hackett and President Ken Brewer took on the hazardous work themselves, lacking the necessary certifications and failing to provide required notifications to regulatory agencies.
The situation escalated when three teenagers were hired to assist with the renovation, including tearing down wallboards and cleaning up debris. Crucially, these young workers were never informed of the presence of asbestos, were not provided with essential personal protective equipment (PPE) – such as respirators – and were put directly in harm’s way. They combined asbestos-containing material with regular construction waste, double-bagging it inadequately, resulting in visible dust leakage during transport. Samples were not taken of all potentially contaminated materials before removal.
The improperly contained asbestos waste was then illegally dumped at the Sitka Landfill, a location alarmingly close – within two blocks – of Sitka Elementary School, separated only by ballfields. This reckless disposal method posed a significant threat to the surrounding community, potentially exposing children and residents to airborne asbestos fibers, a known carcinogen.
Legal Ramifications
Mountain Aviation was charged with violating 42 U.S.C. 7413(c)(1) of the Clean Air Act, specifically pertaining to National Emission Standards for Hazardous Air Pollutants (NESHAP). On June 4, 1998, the company waived indictment and entered a guilty plea to ten counts. The sentencing, handed down on July 27, 1998, included a 60-month probationary period, a hefty $50,000 federal fine, and a mandate to establish a trust fund for ongoing medical monitoring of the teenagers involved. Further, the company was ordered to publish a statement detailing their crimes in several local newspapers.
Key Facts
- Defendant: Mountain Aviation, Inc.
- Location: Sitka, Alaska
- Crime: Illegal asbestos renovation and disposal, violating the Clean Air Act.
- Year: 1998
- Victims: Three teenage workers, potential public health risk to Sitka residents, particularly those near the landfill and elementary school.
- Statutes Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act (NESHAP)
- Penalties: 60 months probation, $50,000 fine, medical trust fund, public statement of crimes.
This case serves as a stark reminder of the severe consequences of neglecting environmental regulations and prioritizing profit over worker safety and public health. The EPA continues to aggressively pursue enforcement actions against those who endanger communities through improper handling of hazardous materials like asbestos.
Source: EPA ECHO Enforcement Case Database
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