Indianapolis, IN – R.P. Schaler Contractor, Inc. and several associated individuals faced federal charges and penalties in 2000 following a reckless asbestos removal operation in Indianapolis. The case, brought forth by the Environmental Protection Agency (EPA), revealed a blatant disregard for worker safety and environmental regulations, exposing employees and potentially the public to dangerous asbestos fibers.
The investigation began in August 1995 when the Indianapolis Environmental Resources Management Division received reports of a large dumpster filled with what appeared to be asbestos-containing material. City officials quickly confirmed the presence of loose asbestos fibers at a worksite where Schaler employees were actively removing the substance. Crucially, R.P. Schaler Contractor, Inc. was not licensed to perform asbestos abatement in the state of Indiana, raising immediate red flags.
According to court documents, Schaler employees were observed using a power saw to remove the asbestos, a highly dangerous practice that releases microscopic fibers into the air. These fibers, when inhaled, can lead to severe respiratory illnesses including asbestosis, lung cancer, and mesothelioma. Employees at the site claimed they had been told by their employers that the material they were handling was *not* asbestos, a claim that prosecutors disputed. Adding to the severity of the situation, no protective clothing or gear was provided to, or worn by, the workers.
Legal Ramifications
On December 8, 1999, formal charges were filed against R.P. Schaler Contractor, Inc., 41 East Limited, and individual Epperly. The charges stemmed from violations of the Clean Air Act (CAA). Specifically, Schaler and 41 East were accused of knowingly violating work practice standards outlined in 42 U.S.C. 7413(c)(1). Both Schaler and Epperly were also charged with a misdemeanor violation of the CAA, 42 U.S.C. 7413(c)(4), for negligently releasing a hazardous air pollutant – asbestos – into the ambient air.
Guilty Pleas and Sentencing
By June 30, 2000, all four defendants entered guilty pleas. The court imposed significant penalties. R.P. Schaler Contractor, Inc. was sentenced to a $40,000 fine and 12 months of probation, along with a requirement to perform 100 hours of community service. 41 East Limited Liability Company received a heftier $100,000 fine. Epperly was sentenced to 12 months probation, 100 hours of community service, and a $25,000 fine. Schaler also received 12 months probation and the same community service requirement as Epperly, in addition to a $15,000 fine.
Key Facts
- Defendant: R.P. Schaler Contractor, Inc.
- Location: Indianapolis, Indiana
- Year of Offense: 1995 (charges filed in 1999, sentencing in 2000)
- Crime: Illegal and unsafe asbestos removal
- Statutes Violated: 42 U.S.C. 7413(c)(1) & 42 U.S.C. 7413(c)(4)
- Penalties: Combined fines totaling $175,000 and 200 hours of community service
- Lack of Licensing: R.P. Schaler Contractor, Inc. was not a licensed asbestos abatement contractor in Indiana.
- Unsafe Practices: Employees used a power saw to remove asbestos without protective gear.
This case serves as a stark reminder of the dangers of asbestos and the importance of adhering to strict safety regulations when handling hazardous materials. The EPA continues to aggressively pursue enforcement actions against companies and individuals who put workers and the public at risk through negligent or illegal asbestos abatement practices.
Source: EPA ECHO Enforcement Case Database
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