Oakland, CA – Owens-Brockway Glass Container, Inc. has been penalized for a Clean Air Act violation stemming from the improper demolition of asbestos-coated furnace exhaust stacks at its Oakland, California facility. The company pled guilty to federal charges and has agreed to pay a combined $98,000 in fines and restitution.
According to court documents, between May and June of 1999, Owens-Brockway proceeded with the demolition of Stacks A and B without fulfilling legally required notification procedures. Specifically, the company failed to provide prior notice to the Bay Area Air Quality Management District (BAAQMD) regarding its intent to demolish structures known to contain asbestos-containing materials. This failure represents a direct violation of federal air quality regulations designed to protect public health and the environment.
The case, brought forward by the Environmental Protection Agency (EPA), centers around Section 42 U.S.C. 7413(c)(1) of the Clean Air Act. This section mandates that owners and operators of demolition projects involving asbestos-containing materials must notify the appropriate air pollution control agency before commencing any demolition activity. The notification allows for proper inspection and implementation of measures to minimize the release of hazardous asbestos fibers into the air.
Federal prosecutors argued that Owens-Brockway’s deliberate bypassing of the notification requirement constituted a negligent and potentially dangerous act. Asbestos is a known carcinogen, and improper handling during demolition can release microscopic fibers that pose a significant health risk to nearby residents and workers. The BAAQMD was left unable to implement crucial dust control measures during the demolition process, potentially exposing the community to harmful airborne contaminants.
On November 3, 2003, the company was formally charged with one count of violating 42 U.S.C. 7413(c)(2)(B), a specific subsection related to failure to provide timely notification for demolition projects. After entering a guilty plea, Owens-Brockway faced sentencing on December 8, 2003. Judge [Editor’s Note: Sentencing Judge not available in provided case data] imposed a $48,000 federal fine, payable to the United States Treasury, and a $50,000 restitution order, directed towards the BAAQMD to cover costs associated with addressing the consequences of the improper demolition.
Key Facts
- Defendant: Owens-Brockway Glass Container, Inc.
- Location: Oakland, California
- Violation: Clean Air Act – Failure to notify authorities prior to demolishing asbestos-coated structures.
- Statute Violated: 42 U.S.C. 7413(c)(1)
- Plea: Guilty
- Penalties: $48,000 federal fine + $50,000 restitution to BAAQMD
- Demolition Dates: May – June 1999
- Charges Filed: November 3, 2003
- Sentencing Date: December 8, 2003
The EPA continues to aggressively pursue enforcement actions against companies that violate environmental regulations. This case serves as a stark reminder that adherence to proper notification protocols is crucial in protecting public health and preventing the release of hazardous substances into the environment. GrimyTimes will continue to follow this and other environmental crime cases as they develop.
Source: EPA ECHO Enforcement Case Database
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