Indianapolis, IN – R.P. Schaler Contractor, Inc., along with several individuals and a related limited liability company, faced federal charges and penalties in 2000 following a dangerous and illegal asbestos removal operation in Indianapolis. The case, stemming from a 1995 incident, highlights a blatant disregard for public health and environmental regulations, exposing workers and potentially the surrounding community to hazardous asbestos fibers.
The investigation began in August 1995 when the Indianapolis Environmental Resources Management Division received a tip regarding a large dumpster overflowing with what appeared to be asbestos-containing material. City officials responded to the scene and quickly confirmed the substance was, in fact, loose asbestos fibers. Crucially, the removal was being conducted by employees of R.P. Schaler Contractor, Inc. – a company not licensed to handle asbestos abatement in the state of Indiana.
Investigators discovered the operation was being carried out with shocking negligence. Employees were observed using a power saw to remove the asbestos, a practice guaranteed to release dangerous airborne fibers. Adding to the severity of the situation, none of the workers were provided with, nor were they wearing, any protective clothing or respiratory gear. Employees reportedly claimed they had been told by their superiors that the material they were handling was *not* asbestos, a claim that investigators deemed demonstrably false.
Legal Ramifications
On December 8, 1999, formal charges were filed. R.P. Schaler Contractor, Inc., and 41 East Limited were accused of violating 42 U.S.C. 7413(c)(1), which prohibits knowingly violating work practice standards related to hazardous air pollutants. Additionally, both Schaler and an individual identified as Epperly were charged with a misdemeanor violation of 42 U.S.C. 7413(c)(4), concerning the negligent release of hazardous air pollutants into the ambient air. This section of the Clean Air Act carries significant penalties for endangering public health.
Guilty Pleas and Sentencing
The case culminated on June 30, 2000, when all four defendants entered guilty pleas. The sentencing reflected the seriousness of the offenses. R.P. Schaler Contractor, Inc. was ordered to pay a substantial fine of $40,000. 41 East Limited Liability Company faced an even steeper penalty, being fined $100,000. Epperly received a 12-month probationary sentence, was ordered to complete 100 hours of community service, and pay a $25,000 fine. Schaler Contractor itself was placed on 12 months probation and also required to perform 100 hours of community service, in addition to the $15,000 fine.
Key Facts
- Defendant: R.P. Schaler Contractor, Inc.
- Location: Indianapolis, Indiana
- Crime: Illegal and negligent asbestos removal
- Statutes Violated: 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(4)
- Penalties: Fines totaling $155,000 and combined probation/community service.
- Negligence: Workers used power saws and lacked protective gear during asbestos removal.
This case serves as a stark reminder of the dangers posed by asbestos and the critical importance of adhering to environmental regulations. The lack of proper training, equipment, and licensing in this instance not only put the workers involved at risk but also potentially exposed the wider Indianapolis community to a known carcinogen. The penalties, while significant, underscore the legal consequences of prioritizing profit over public safety.
Source: EPA ECHO Enforcement Case Database
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