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Sam D. Saleh, Violating Clean Air Act, Michigan 2016

Detroit, MI – Sam D. Saleh, owner of Berkshire Development, was sentenced in January 2016 following a guilty plea to violating the Clean Air Act in connection with the illegal demolition of a former school building in Detroit. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate scheme to falsify asbestos removal reports and skirt environmental regulations during the 2013 demolition project at 4833 Ogden Street.

According to court documents, Saleh was provided with an asbestos survey identifying approximately 80,000 linear feet of asbestos-containing pipe insulation within the building. Prior to initiating demolition, federal and state law mandated the proper removal and disposal of this hazardous material. Saleh initially sought bids for the asbestos abatement, receiving an estimate of $55,000 for the removal of 5,000 linear feet from one contractor. When that contractor refused to cap the price despite the known potential for significantly more asbestos, Saleh turned to Jesse Brown of Brown Environmental Construction.

The arrangement with Brown was intentionally deceptive. Saleh and Brown agreed to a contract for the removal of only 1,200 linear feet of asbestos, documented in a notification form submitted to the Michigan Department of Environmental Quality (MDEQ). This form falsely stated the total amount of asbestos to be removed was only 1,000 linear feet – a fraction of the actual amount present. Saleh knowingly allowed this inaccurate report to be filed with the MDEQ, effectively concealing the true scope of the hazardous material on the property.

Investigators determined that Brown, acting under Saleh’s direction, proceeded to illegally remove *thousands* of linear feet of asbestos-containing pipe insulation without adhering to proper safety protocols, specifically failing to wet the material to prevent the release of dangerous fibers. This negligent removal posed a significant health risk to workers and the surrounding community. The EPA alleges that Saleh’s motive was to cut costs by avoiding the expense of a full and compliant asbestos abatement.

The case highlights a troubling pattern of intentional fraud and disregard for environmental regulations. The EPA’s criminal enforcement division pursued the charges aggressively, demonstrating the agency’s commitment to protecting public health and holding accountable those who prioritize profit over safety. The MDEQ cooperated in the investigation, emphasizing the importance of interagency collaboration in addressing environmental crimes.

Saleh was sentenced to three months of incarceration and ordered to pay a $15,000 fine. The conviction serves as a stark warning to others in the construction and demolition industry: knowingly violating asbestos regulations carries serious legal consequences. The EPA continues to investigate similar cases nationwide, focusing on preventing the unlawful release of hazardous materials into the environment.

Key Facts

  • Defendant: Sam D. Saleh
  • Location: Detroit, Michigan
  • Statutes Violated: 42 U.S.C. 7413(c)(1) – a provision of the Clean Air Act prohibiting knowingly violating permit requirements or regulations related to hazardous air pollutants, including asbestos.
  • False Reporting: Saleh knowingly allowed the submission of a false asbestos notification form to the MDEQ, underreporting the amount of asbestos-containing material.
  • Improper Removal: Asbestos was illegally removed without proper safety precautions, creating a health hazard.
  • Penalties: 3 months incarceration and $15,000 fine.

GrimyTimes will continue to follow this case and report on any further developments.


Source: EPA ECHO Enforcement Case Database

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