New York, NY – Nechemia Blatter, a licensed asbestos inspector and president of Araz, Inc., was sentenced to over three years in federal prison for knowingly violating Clean Air Act regulations during an illegal asbestos abatement project in New York City. The case, brought by the Environmental Protection Agency (EPA), highlights a dangerous disregard for public health and safety protocols surrounding the handling of hazardous materials.
According to court documents, Blatter illegally removed approximately 5,515 square feet of asbestos-containing ceilings from a building located on St. Mark’s Place in December 2001. The project was undertaken without proper notification to the EPA’s Air Compliance Branch, a critical step to ensure safe removal and disposal procedures are followed. Furthermore, Blatter and the workers involved lacked the required training in National Emission Standards for Hazardous Air Pollutants (NESHAP) work practice standards – specifically those related to asbestos abatement.
The EPA initiated an investigation following the unauthorized abatement. Investigators discovered a complete lack of adherence to federal regulations designed to protect both workers and the public from the dangers of asbestos exposure. Asbestos, a known carcinogen, poses significant health risks when its fibers become airborne, potentially leading to lung cancer, mesothelioma, and other respiratory diseases. Blatter’s actions put building occupants and surrounding communities at risk.
Blatter was formally charged on June 3, 2003, with one count of knowingly violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(1). He subsequently entered a guilty plea, acknowledging his responsibility for the unlawful asbestos removal. The prosecution argued that Blatter’s deliberate flouting of regulations demonstrated a clear intent to prioritize profit over public safety.
Sentencing & Restitution
On October 2, 2003, U.S. District Judge imposed a 41-month incarceration sentence on Blatter, followed by a 36-month probationary period upon his release. In addition to the prison term, Blatter was ordered to pay $10,000 in restitution to the victims potentially exposed to asbestos during the illegal removal, and a $100 special assessment fee. The restitution aims to cover medical monitoring and potential healthcare costs for those affected.
This case serves as a stark reminder of the critical importance of adhering to environmental regulations, particularly when dealing with hazardous substances like asbestos. The EPA continues to aggressively pursue enforcement actions against individuals and companies who endanger public health and the environment through illegal activities. The agency urges anyone with knowledge of improper asbestos handling to report it immediately.
Key Facts
- Defendant: Nechemia {Nathan} Blatter, President of Araz, Inc.
- Location: St. Mark’s Place, New York City, New York
- Crime: Illegal asbestos removal and violation of Clean Air Act regulations
- Statute Violated: 42 U.S.C. 7413(c)(1) – Knowing Violation of CAA
- Sentence: 41 months incarceration, 36 months probation
- Restitution: $10,000 to victims, $100 special assessment
- Asbestos Amount: Approximately 5,515 square feet removed
- Training Deficiency: Workers lacked NESHAP asbestos abatement training
Source: EPA ECHO Enforcement Case Database
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