Raivo Kynnap, Asbestos Violation, Indiana 2022

South Bend, IN – Raivo Kynnap, a reclamation contractor operating as a sole proprietor, was sentenced last month for violating federal clean air regulations during the demolition of a former manufacturing facility in South Bend, Indiana. The case, investigated by the Environmental Protection Agency (EPA) and confirmed by the Indiana Department of Environmental Management (IDEM), highlights the dangers of improper asbestos handling during demolition projects.

Kynnap’s business was contracted in January 2017 to dismantle the Wilson Brothers Shirt Factory, a two-story commercial building. During the demolition process, Kynnap directed and oversaw work that disturbed asbestos-containing materials (ACM) without taking the legally required precautions to prevent the release of hazardous fibers into the air. Asbestos, a known carcinogen, poses significant health risks when inhaled, including lung cancer, asbestosis, and mesothelioma.

IDEM inspectors responded to the site and collected samples which positively identified the presence of regulated ACM. Federal law mandates that owners and operators of demolition projects notify the appropriate authorities before disturbing asbestos and implement strict work practices to minimize the release of fibers. These practices include wetting down materials, using HEPA filters, and ensuring proper disposal of asbestos waste. Investigators found that Kynnap failed to adhere to these crucial safety protocols.

The EPA’s criminal enforcement program aims to deter future violations by holding individuals accountable for knowingly endangering public health and the environment. “Improper asbestos removal poses a serious threat to workers and surrounding communities,” stated an EPA spokesperson. “This sentencing sends a clear message that those who cut corners on environmental regulations will face consequences.”

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Penalties and Legal Basis

On March 21, 2022, Kynnap was sentenced in federal court to pay a $5,500 fine and serve four months of home detention, followed by four months of probation. The conviction stems from a violation of 42 U.S.C. 7413(c)(1) of the Clean Air Act, which specifically addresses the failure to provide proper notification before undertaking activities that may release hazardous air pollutants like asbestos.

Key Facts

Defendant: Raivo Kynnap
Location: South Bend, Indiana
Crime: Clean Air Act violation – improper asbestos handling during demolition
Date of Demolition: January 2017
Statute Violated: 42 U.S.C. 7413(c)(1)
Penalty: $5,500 fine, 4 months home detention, 4 months probation
Facility Demolished: Wilson Brothers Shirt Factory

GrimyTimes will continue to follow this case and report on any further developments. This incident serves as a stark reminder of the importance of adhering to environmental regulations to protect public health and safety during demolition and renovation projects.

Source: EPA ECHO Enforcement Case Database

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