Richard Perkins, Violating Clean Air Act, New York 2005

Jamestown, NY – Richard Perkins was sentenced to probation and ordered to pay a fine after illegally removing asbestos-containing materials (ACM) from a former Rite Aid building in 2005, according to records obtained by GrimyTimes. The case, prosecuted under the Clean Air Act, highlights the ongoing dangers posed by improper asbestos abatement and the legal ramifications for those who flout environmental regulations.

The Environmental Protection Agency (EPA) brought charges against Perkins on September 30, 2005, alleging he negligently removed approximately 1,500 square and linear feet of *friable* ACM from the Jamestown property. Friable asbestos, when dry and crumbling, readily releases dangerous fibers into the air when disturbed, posing a significant health risk to both those performing the removal and the surrounding community. Proper asbestos abatement requires specialized training, equipment, and adherence to strict safety protocols—none of which, authorities say, were followed in this instance.

The former Rite Aid building, like many structures built before the 1980s, contained asbestos as a common building material. While not inherently dangerous when undisturbed, the renovation or demolition of these buildings requires careful management of ACM to prevent airborne contamination. Perkins’ actions bypassed these crucial safety measures, potentially exposing workers and local residents to a known carcinogen. Investigators believe Perkins lacked the proper licensing and training required for asbestos abatement, and failed to notify the relevant authorities prior to the removal.

Perkins ultimately pled guilty to one count of violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(4), which covers negligent violations related to asbestos handling. This section of the CAA makes it illegal to knowingly endanger individuals through the improper handling of hazardous air pollutants like asbestos. While the penalty appears relatively light, legal experts suggest these cases often involve a complex assessment of intent, the extent of exposure, and the defendant’s ability to pay.

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Key Facts

Defendant: Richard Perkins
Location: Jamestown, New York
Crime: Illegal asbestos removal
Statute Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act, negligent violation
ACM Removed: Approximately 1,500 square/linear feet of friable asbestos
Sentence: 12 months probation and a $25 special assessment fee

On January 5, 2006, Perkins received a sentence of 12 months probation and was ordered to pay a $25 special assessment fee. While this case concluded with a relatively minimal penalty, it serves as a stark reminder that illegal asbestos removal is a serious federal offense. The EPA continues to actively investigate and prosecute individuals and companies who violate asbestos regulations, prioritizing public health and environmental safety. GrimyTimes will continue to follow similar cases and report on environmental crimes as they unfold.

Source: EPA ECHO Enforcement Case Database

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