TOLEDO, OH – Scott H. Tucker, 43, of Saugatuck, Michigan, was sentenced to 13 months in federal prison on May 18, 2010, following a guilty plea to illegally handling asbestos during demolition projects in Ohio and Michigan. The case, prosecuted by the U.S. Attorney’s Office for the Northern District of Ohio, highlights a pattern of disregard for environmental regulations and worker safety, according to officials.
Tucker, owner of H&M Demolition Company of Holland, Michigan, directed employees to improperly remove asbestos from the former Haughton Elevator building in Toledo, Ohio, in February 2007. Investigators found that workers failed to adequately wet the asbestos-containing pipe insulation before removal, allowing hazardous dust to become airborne. Crucially, Tucker also failed to notify the Toledo Environmental Services of the impending demolition, a mandatory requirement under federal law.
The violations weren’t isolated to Ohio. Authorities also uncovered similar infractions at a demolition site in Wyoming, Michigan. Despite knowing asbestos was present, Tucker failed to implement proper containment and wetting procedures, again risking the release of dangerous asbestos fibers into the air. Asbestos exposure is linked to severe respiratory illnesses, including mesothelioma and asbestosis, making these omissions particularly egregious.
Legal Ramifications
Tucker pled guilty to one count of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(1). Initially, he faced seven counts, including violations of the National Emission Standards for Hazardous Air Pollutants (NESHAP) under the CAA and violations of the Toxic Substances Control Act (TSCA). His wife, Jaline Tucker, was also initially indicted and later pled guilty to CAA violations, receiving a $1,000 federal fine. Scott Tucker’s sentence included 13 months of incarceration, to be served concurrently with a separate case, 36 months of probation, and a $1,000 fine for each case.
Investigative Collaboration
The successful prosecution was the result of a collaborative effort between multiple agencies. The U.S. Environmental Protection Agency (EPA) Criminal Investigation Division, the Ohio Bureau of Criminal Identification and Investigation, and the Ohio Environmental Protection Agency, Office of Special Investigations, all worked together as part of the Northwest Ohio Environmental Crimes Task Force. Assistant U.S. Attorneys Tom Karol, Brad Beeson, Julie Woods, and David M. Taliaferro spearheaded the legal proceedings.
A Warning to Contractors
U.S. Attorney Steven M. Dettelbach emphasized the seriousness of the offenses. “When contractors don’t follow environmental rules, it threatens the safety of workers and the air we all breathe. That is not acceptable,” he stated. Judge Robert Holmes Bell, during sentencing, echoed this sentiment, noting Tucker’s “disrespect for the law and the regulators.” The case serves as a stark reminder that environmental regulations are not merely suggestions, but legally binding requirements with significant consequences for non-compliance.
Key Facts
- Defendant: Scott H. Tucker
- Crime: Illegal asbestos removal and violations of environmental regulations
- Location: Toledo, Ohio & Wyoming, Michigan
- Year: 2010
- Statutes Violated: 42 U.S.C. 7413(c)(1) (Clean Air Act)
- Penalties: 13 months imprisonment, 36 months probation, $1,000 fine. Jaline Tucker fined $1,000.
- Agency Collaboration: U.S. EPA, Ohio BCI&I, Ohio EPA
Source: EPA ECHO Enforcement Case Database
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