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Russell P. Stewart, Clean Air Act Violation, Ohio 2023

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Demolition Company Owner Sentenced to Prison for Clean Air Act Violation in Canton

A Chardon demolition company owner, Russell P. Stewart, 48, was sentenced to nearly two years in prison for violating the Clean Air Act when he did not take steps to abate asbestos when he tore down a building in Canton, law enforcement officials said.

Stewart, the owner and operator of Chemstruction, was sentenced to 21 months in prison and ordered to pay $876,228 in restitution. The sentence will be served concurrently to a state prison sentence for a related case in which he improperly disposed of hazardous waste.

He previously pleaded guilty to one count of improper asbestos demolition and one count of failure to timely dispose of asbestos waste.

The charges stem from a contract Stewart entered into on Nov. 1, 2011, to demolish the former Stark Ceramics facility on West Church Street in Canton. The site covered approximately 500 acres and consisted of numerous commercial buildings, according to court documents.

An earlier environmental survey showed asbestos was present throughout the site, according to court documents. Stewart participated in and directed the demolition of the structures from November 2011 through January 2013.

Inspectors told Stewart to stop demolition until a cleanup plan could be developed but Stewart continued with demolition, causing asbestos panels to be crumbled, pulverized and reduced to powder, according to court documents.

Prosecutors alleged that Stewart’s actions released asbestos fibers into the environment and resulted in an $800,000 cleanup funded by the U.S. EPA, according to Acting U.S. Attorney David A. Sierleja and Ohio Attorney General Mike DeWine.

This case was prosecuted by Assistant U.S. Attorney Brad Beeson following an investigation by the U.S. Environmental Protection Agency, the Ohio Environmental Protection Agency and the Ohio Attorney General’s Bureau of Criminal Investigation.

The U.S. EPA’s Scot Adair, Acting Special Agent in Charge of EPA’s criminal enforcement program in Ohio, said, “It’s imperative that asbestos be removed safely, and EPA and its law enforcement partners will hold to account those who refuse to obey the law.”

The case serves as a reminder of the importance of following environmental regulations and the consequences of non-compliance. It is a collaborative effort between law enforcement agencies to protect public health and safety.

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