Rudolph Buendia III, Asbestos Exposure, California 2014

ATWATER, CA – Rudolph Buendia III, 51, of Planada, California, was sentenced to 24 months in federal prison on March 31, 2014, for knowingly exposing workers – including high school students – to hazardous asbestos during a demolition and renovation project at the former Castle Air Force Base in Atwater. The case, brought by the U.S. Environmental Protection Agency (EPA) and the Department of Justice, highlights a blatant disregard for worker safety and federal environmental regulations.

Buendia, who served as the construction project site supervisor for Firm Build Inc., along with company president Patrick Bowman, illegally directed the removal of approximately 1,000 linear feet of asbestos-containing pipe and tank insulation between September 2005 and March 2006. The project involved converting Building 325 into a mechanic training center for the Merced County Board of Education. Crucially, the defendants employed students from the Workplace Learning Academy in Merced as part of the renovation crew, placing them directly in harm’s way without providing adequate safety measures.

Investigators found that neither Buendia, Bowman, nor their employees utilized essential protective equipment, such as Tyvek suits, respirators, protective footwear, gloves, or hair coverings. They also failed to implement basic safety protocols like wetting the asbestos materials, properly sealing debris in plastic bags, or utilizing negative air pressure to contain airborne particles. This negligence resulted in the release of dangerous asbestos fibers, knowingly exposing workers and subcontractors to a known carcinogen.

“Exposing student workers and subcontractors at a construction site to hazardous asbestos in order to cut corners and save money is not just reckless,” stated U.S. Attorney Benjamin B. Wagner at the time of sentencing. “The sentences imposed today should remind all who may be involved in handling such materials that disregarding federal environmental laws can result in prison time.” The case underscores the EPA’s commitment to protecting vulnerable populations from environmental crimes.

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Key Facts

Defendant: Rudolph Buendia III
Location: Former Castle Air Force Base, Atwater, California
Crime: Illegal asbestos abatement and worker endangerment
Victims: Firm Build Inc. employees, Workplace Learning Academy students, and other subcontractors.
Statutes Violated: 42 U.S.C. 7412 – a section of the Clean Air Act concerning asbestos work-practice standards.
Sentence: 24 months of incarceration for Buendia; 27 months for co-defendant Patrick Bowman. Restitution hearings scheduled.

Jay M. Green, Special Agent-in-Charge of EPA’s criminal enforcement program in California, emphasized the severity of the offense. “There is no safe level of exposure to asbestos,” Green said. “Directing student workers to illegally remove demolition debris containing asbestos, knowing they had neither the training nor the proper personal protective equipment, threatens their health and safety.”

The investigation was a collaborative effort involving the U.S. Environmental Protection Agency, Cal-EPA, the investigations bureau of the Merced County District Attorney, and the California Department of Justice. Assistant United States Attorneys Samuel Wong and Melanie Alsworth prosecuted the case, securing convictions and prison sentences for Buendia and Bowman, sending a clear message that prioritizing profit over public health will not be tolerated. Joseph Cuellar, the administrative manager for Firm Build Inc., also faced sentencing in June 2014, with a restitution hearing scheduled for all three defendants.

Source: EPA ECHO Enforcement Case Database

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