Kent, WA – Stanley Y. Xu, owner of the Avante Apartments in Kent, Washington, has been sentenced to 15 months in prison for knowingly exposing residents and workers to dangerous levels of asbestos following a pipe rupture in December 2009. Xu and his company, Longwell Company, repeatedly disregarded federal regulations and prioritized profit over the health and safety of tenants, including families with young children and individuals with pre-existing respiratory conditions.
The case, investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, revealed a pattern of negligence and deliberate disregard for asbestos safety protocols. Despite being aware that the ceiling material damaged by the pipe burst contained asbestos – a known carcinogen – Xu hired a clean-up contractor who failed to implement any protective measures for residents or workers. Tenants were reportedly *required* to clean asbestos-containing debris from their belongings themselves, unaware of the severe health risks they faced. This occurred despite prior warnings and citations related to improper handling of hazardous materials at other properties owned by Xu.
Prosecutors detailed the appalling conditions within the Avante Apartments during sentencing hearings. Tenants, many of whom were low-income and minority families, spent weeks cleaning the “dust” that had fallen from the damaged ceiling, often with children present. Several reported respiratory issues, including difficulty breathing, during the clean-up process. The prolonged exposure to airborne asbestos fibers poses a significant long-term health threat, potentially leading to debilitating illnesses like mesothelioma and lung cancer.
Repeat Offender
This wasn’t Xu’s first brush with environmental violations. Records show the EPA filed complaints against him in 2006 for lead paint contamination at another apartment complex. In 2007, the Washington State Department of Labor and Industries cited him for failing to conduct an asbestos survey before commencing construction work. Notably, at a hearing in November 2009 – just weeks before the pipe rupture – Xu acknowledged the dangers of asbestos-containing materials and the relevant regulations. Disturbingly, even *after* pleading guilty in October 2013, Xu again failed to protect tenants during another repair project, demonstrating a persistent pattern of non-compliance.
Penalties and Prosecution
U.S. District Judge Thomas S. Zilly expressed concern over the case, stating the risks posed by asbestos exposure were “terrible.” In addition to Xu’s 15-month prison sentence and 90 days of home confinement, he was ordered to pay a $75,000 community service payment to the National Environmental Education Foundation. Longwell Company was fined $159,850 and placed on five years of probation. Tae Jung (T.J.) Yoo, also involved in the case, received a 6-month prison sentence and was ordered to pay fines and restitution totaling $117,425.
Key Facts
- Defendant: Stanley Y. Xu & Longwell Company
- Crime: Clean Air Act violations – knowingly exposing residents and workers to asbestos.
- Location: Kent, Washington
- Year: 2014
- Statutes Violated: 42 U.S.C. 7412 (h) and 7413 (c)(1)
- Penalties: Xu – 15 months imprisonment, $75,000 community service; Longwell Company – $159,850 fine, 5 years probation.
- Victims: Residents of Avante Apartments, including families with young children and individuals with pre-existing health conditions.
“This case sends a clear message that those who knowingly endanger public health for financial gain will be held accountable,” stated Tyler Amon, Special Agent in Charge with EPA’s Criminal Investigation Division. “There is no safe level of asbestos exposure, and we will relentlessly pursue those who put others at risk.”
Source: EPA ECHO Enforcement Case Database
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