National Abatement Corporation, Asbestos Violations, NY 2004

New York, NY – National Abatement Corporation (NAC) faced federal charges in 2004 following an investigation into unsafe asbestos removal practices at multiple locations throughout New York City. The Environmental Protection Agency (EPA) brought the case, alleging the company knowingly violated regulations designed to protect public health and worker safety during asbestos abatement projects.

The investigation, which began in early 2003, revealed that NAC allegedly conducted “dry asbestos removals,” a highly dangerous practice. Dry removal involves disturbing asbestos-containing materials without employing proper wet methods or containment procedures, releasing microscopic asbestos fibers into the air. Exposure to these fibers is known to cause severe respiratory diseases, including asbestosis, lung cancer, and mesothelioma.

On January 15, 2003, NAC and an individual identified as an Asbestos Supervisor were charged with three counts of violating the Clean Air Act (CAA). Specifically, the charges centered around violations of 42 U.S.C. §7412 and 42 U.S.C. §7413(c), which prohibit knowingly violating National Emission Standards for Hazardous Air Pollutants – in this case, those related to asbestos.

The company ultimately pled guilty to all three counts on July 1, 2003. As part of the sentencing, NAC was placed on five years of probation (60 months). Furthermore, the court ordered NAC to pay a $1,200 special assessment fee and a substantial $75,000 federal fine. The penalties reflect the severity of the violations and the potential health risks posed to the public and workers.

The Asbestos Supervisor involved in the case was granted a deferred prosecution agreement on October 2, 2003. This agreement stipulated a six-month period of good behavior, as defined by the terms of the agreement. Successful completion of the deferred prosecution would result in the charges being dropped, while any violation would likely lead to full prosecution. Details of the “good behavior” requirements were not immediately available.

GrimyTimes has attempted to ascertain the status of the deferred prosecution agreement for the individual supervisor, but records remain sealed. This case highlights the ongoing risks associated with improper asbestos abatement and the EPA’s commitment to enforcing environmental regulations to safeguard public health. The failure to adhere to proper asbestos handling protocols can have devastating and long-lasting consequences, making strict enforcement crucial.

Table of Contents

Key Facts

Defendant: National Abatement Corporation
State: New York
Year: 2004
Crime: Clean Air Act Violations (Asbestos Removal)
Statutes Violated: 42 U.S.C. §7412 & 42 U.S.C. §7413(c)
Penalties: 60 months probation, $1,200 special assessment, $75,000 fine (NAC)
Individual Supervisor: Granted deferred prosecution for 6 months
Violation Type: Dry asbestos removal – a dangerous practice releasing asbestos fibers.

Source: EPA ECHO Enforcement Case Database

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