Owyhee Construction Inc., Environmental Crime, Idaho 2014

Orofino, ID – Owyhee Construction Inc., a Boise-based corporation, has been sentenced to three years of probation and a $100,000 fine for criminally negligent handling of asbestos during a waterline renovation project in Orofino, Idaho. The case, brought by the U.S. Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, highlights a disturbing pattern of disregard for public health and environmental regulations.

In 2014, Owyhee Construction secured a $3 million contract to overhaul Orofino’s waterline system. Contract documents explicitly warned the company about the potential presence of up to 5,000 linear feet of cement asbestos pipe (CAP). While CAP in its intact form poses a limited risk, breaking or crushing the pipe releases dangerous airborne asbestos fibers, necessitating strict safety protocols. Investigators found that onsite managers and foremen failed to adequately supervise the project, resulting in the improper removal and disposal of CAP.

Instead of following proper asbestos abatement procedures, workers removed CAP from trenches and used it as fill material on sixteen properties throughout Orofino. This contaminated soil ended up in residents’ driveways and yards, unknowingly exposing the public to a known carcinogen. Crucially, Owyhee Construction failed to report these releases to the EPA, concealing the environmental hazard and delaying necessary remediation efforts. The EPA cleanup operation ultimately cost nearly $4 million.

Legal Ramifications & Penalties

Owyhee Construction pled guilty to violating 42 USC 9603, a section of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund law. The company was sentenced on May 21, 2014, to 36 months of probation, the $100,000 fine, and was ordered to implement a robust compliance and ethics program to prevent future violations. Furthermore, the company is required to pay restitution to the EPA to cover the costs of the extensive cleanup. Two Owyhee Construction employees had already received prison sentences for their involvement in the illegal asbestos disposal.

A Pattern of Neglect

“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,” stated Wendy Olson, United States Attorney for the District of Idaho. “This case should send the strong message that those who fail to meet these obligations will be investigated, caught and punished.” Tyler Amon, Special Agent in Charge for EPA’s Criminal Investigation Division, echoed this sentiment, emphasizing the deceptive nature of the company’s actions. “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,” Amon said. “The result: a contaminated mixture of crushed pipe and debris laced with harmful asbestos spread over 16 separate sites at a cost of $4 million to taxpayers.”

Key Facts

• Defendant: Owyhee Construction Inc.
• Location: Orofino, Idaho
• Crime: Criminal Asbestos Violations (Illegal disposal of asbestos-containing materials)
• Statute Violated: 42 USC 9603 (CERCLA)
• Year: 2014
• Cleanup Cost: Approximately $4 million
• Penalties: 3 years probation, $100,000 fine, restitution to EPA, compliance program implementation, prison sentences for two employees.

This case serves as a stark reminder of the potential consequences of prioritizing profit over public safety and environmental responsibility. The EPA continues to investigate and prosecute companies that knowingly endanger communities by violating environmental laws.

Source: EPA ECHO Enforcement Case Database

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