Owyhee Construction Incorporated, Asbestos Violations, Idaho 2014

Orofino, ID – Owyhee Construction Incorporated, a Boise-based construction firm, was sentenced to three years of probation and a $100,000 fine this week for criminally negligent handling of asbestos during a waterline renovation project in Orofino, Idaho. The case, investigated by the U.S. Environmental Protection Agency (EPA), highlights a dangerous disregard for public health and environmental regulations, ultimately leading to a nearly $4 million cleanup effort.

In 2014, Owyhee Construction secured a $3 million contract to replace waterlines in Orofino. Contract documents explicitly warned the company of the potential presence of up to 5,000 linear feet of cement asbestos pipe (CAP) within the existing infrastructure. While CAP in its intact state poses a limited risk, breaking or crushing the material releases dangerous airborne asbestos fibers, triggering strict regulatory requirements for handling and disposal.

According to court documents, the onsite manager and foreman at Owyhee Construction failed to adequately supervise the project. Workers improperly removed the CAP, utilizing it as fill material spread across sixteen properties throughout Orofino – including residential driveways and yards. Critically, Owyhee Construction failed to report these releases to the appropriate authorities, concealing the contamination from residents and hindering a timely response.

The EPA’s subsequent investigation revealed a widespread asbestos contamination, necessitating a comprehensive cleanup operation costing just under $4 million. Residents were unknowingly exposed to the hazardous material, prompting concerns about potential long-term health effects. “Deceived into thinking Owyhee Construction had provided them with ‘clean fill,’ citizens and businesses of Orofino used the material to fill their driveways and yards,” stated Tyler Amon, Special Agent in Charge for EPA’s Criminal Investigation Division in Seattle. “The result: a contaminated mixture of crushed pipe and debris laced with harmful asbestos spread over 16 separate sites.”

This sentencing follows previous prison terms handed down to two Owyhee Construction employees for their roles in the illegal asbestos disposal. U.S. Attorney for the District of Idaho, Wendy Olson, emphasized the severity of the offense, stating, “Businesses have a firm, and in this case contractual, obligation to handle harmful materials with care and in compliance with environmental regulations that protect the public from unknowing harm.” The company was also ordered to implement a robust compliance and ethics program as part of its probation.

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Key Facts

Defendant: Owyhee Construction Incorporated
Location: Orofino, Idaho
Crime: Criminal violation of environmental regulations related to asbestos handling and disposal.
Statutes Violated: 42 USC 9603 – a section of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Penalties: Three years of probation, $100,000 fine, restitution to the EPA for cleanup costs, and implementation of a compliance and ethics program.
Cleanup Cost: Approximately $4 million
Timeline: Charges filed February 14, 2014; Sentencing May 21, 2014.

The case was prosecuted by Assistant U.S. Attorney D. Marc Haws and Senior Trial Attorney J. Ronald Sutcliffe of the Justice Department’s Environmental Crimes Section, demonstrating a coordinated federal effort to hold companies accountable for environmental crimes and protect public health. This case serves as a stark reminder of the potentially devastating consequences of neglecting environmental regulations and prioritizing profit over safety.

Source: EPA ECHO Enforcement Case Database

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