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 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, orchestrated a scheme to cut costs during the renovation of Building 325. The building was intended to become a mechanic training center for the Merced County Board of Education. Instead of adhering to proper asbestos abatement procedures, the defendants directed employees and students from the Workplace Learning Academy to remove approximately 1,000 linear feet of asbestos-containing pipe and tank insulation without adequate protection or containment measures.
Court documents reveal that workers were not provided with essential protective gear such as Tyvek suits, full-face respirators, or even basic bootie coverings. Crucially, the asbestos-containing materials were not wetted down to minimize airborne particles, nor were they sealed in secure plastic bags. Negative air pressure, a standard safety protocol to prevent the spread of asbestos fibers, was also absent. This negligence resulted in the release of dangerous asbestos into the air, knowingly exposing individuals to a known carcinogen.
The investigation, a collaborative effort between the EPA, Cal-EPA, the Merced County District Attorney’s Office, and the California Department of Justice, uncovered a pattern of deliberate disregard for safety standards. U.S. Attorney Benjamin B. Wagner emphasized the severity of the offense, stating that prioritizing profit over public health is “reckless” and will be met with significant consequences. Jay M. Green, Special Agent-in-Charge of EPA’s criminal enforcement program in California, underscored the dangers of asbestos exposure, noting that “there is no safe level of exposure.”
Key Facts
- Defendant: Rudolph Buendia III
- Location: Former Castle Air Force Base, Atwater, CA
- Statutes Violated: 42 U.S.C. 7412 (Clean Air Act – National Emission Standards for Hazardous Air Pollutants regarding asbestos)
- Victims: Firm Build Inc. employees, Workplace Learning Academy students, subcontractors, and their employees.
- Sentence: 24 months imprisonment for Buendia; 27 months for Patrick Bowman. Restitution hearings scheduled.
- Timeline: Illegal activity occurred between September 2005 and March 2006; charges filed November 10, 2010; guilty pleas entered March 11, 2013.
The sentences handed down serve as a stark warning to contractors and employers regarding the proper handling of hazardous materials. Asbestos exposure can lead to debilitating and fatal diseases, including lung cancer, mesothelioma, and asbestosis. Federal law mandates strict adherence to work-practice standards during asbestos abatement to protect public health and the environment. Assistant U.S. Attorneys Samuel Wong and Melanie Alsworth successfully prosecuted the case, demonstrating a commitment to environmental enforcement and worker safety. Joseph Cuellar, the administrative manager of Firm Build Inc., is also facing sentencing and restitution hearings in connection with the case.
GrimyTimes will continue to follow this case and report on the upcoming restitution hearings.
Source: EPA ECHO Enforcement Case Database
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