CHARDON, OH – Russell Stewart, owner and operator of Chemstruction, a demolition company based in Chardon, Ohio, was sentenced to 21 months in federal prison on June 13, 2017, for knowingly violating the Clean Air Act during a large-scale demolition project in Canton. The sentencing follows a guilty plea to one count of improper asbestos demolition and one count of failure to timely dispose of asbestos waste, highlighting a blatant disregard for public health and environmental regulations.
The case stems from a contract Chemstruction secured in November 2011 to demolish the former Stark Ceramics facility, a 500-acre site containing numerous commercial buildings. Prior environmental surveys clearly indicated the presence of asbestos throughout the property, mandating careful removal and abatement procedures as outlined in the contract and federal law. However, between November 2011 and January 2013, Stewart directed the demolition work despite repeated warnings and documented evidence of asbestos contamination.
According to court documents, an October 2012 inspection revealed crushed asbestos-containing panels on the demolition site. EPA inspectors instructed Stewart to halt demolition until a proper cleanup plan could be implemented. Instead, Stewart allegedly *continued* the demolition, resulting in asbestos panels being crumbled, pulverized, and released into the air as a dangerous, airborne powder. This deliberate continuation of work in the face of explicit warnings represents the core of the criminal offense.
Financial and Environmental Impact
The defendant’s actions necessitated an $800,000 cleanup operation funded by the U.S. Environmental Protection Agency. In addition to the prison sentence, Stewart was ordered to pay $876,228 in restitution, covering the costs of the EPA’s remediation efforts. The sentence is being served concurrently with a state prison sentence Stewart is already serving for a related case involving the improper disposal of hazardous waste, indicating a pattern of environmental negligence. The case underscores the significant financial burden placed on taxpayers when companies prioritize profit over safety and compliance.
Legal Ramifications
Stewart violated 42 U.S.C. 7413(c) of the Clean Air Act, specifically regarding the improper handling and demolition of asbestos-containing materials. This section of the Act aims to protect the public from the known health hazards associated with asbestos exposure, including lung cancer, asbestosis, and mesothelioma. The maximum penalty for violating this section can include imprisonment of up to one year and a fine of up to $100,000 per day of violation. Stewart received a significantly longer sentence, demonstrating the severity of his actions and the potential for harm.
Official Statements
Acting U.S. Attorney David A. Sierleja stated the prosecution sends a clear message: “We will aggressively prosecute those who pollute our environment.” Ohio Attorney General Mike DeWine emphasized the collaborative effort involved in the case, stating, “This is about protecting Ohioans and the air they breathe.” Scot Adair, Acting Special Agent in Charge of EPA’s criminal enforcement program, added, “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.”
Key Facts
- Defendant: Russell Stewart, owner of Chemstruction
- Location: Canton, Ohio
- Crime: Violations of the Clean Air Act related to asbestos demolition
- Year: 2017
- Statute Violated: 42 U.S.C. 7413(c)
- Sentence: 21 months in federal prison and $876,228 in restitution
- Cleanup Cost: $800,000 (funded by the U.S. EPA)
- Investigating Agencies: U.S. EPA, Ohio EPA, Ohio Attorney General’s Bureau of Criminal Investigation
Source: EPA ECHO Enforcement Case Database
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