Philadelphia, PA – A case of illegal asbestos dumping stemming from a 1992 demolition project culminated in convictions and significant penalties for both a corporation and its owner in 1999. The U.S. Environmental Protection Agency (EPA) brought charges against TCP Company, formerly known as Grant Paper, and Howard Parsons for violations of the Clean Air Act (CAA) related to the improper handling and disposal of asbestos-containing materials.
The investigation revealed that during the demolition of two commercial warehouses at the former Grant Paper Company site in Southeast Philadelphia, Parsons orchestrated a scheme to illegally dump asbestos waste. Prior to the demolition, Parsons acquired a vacant lot adjacent to a residential neighborhood. This property was then used as an unauthorized dumping ground for a substantial amount of the hazardous asbestos debris. Additional waste was discarded on another lot approximately one block from the original demolition site.
The legal proceedings unfolded over several years. On June 11, 1995, TCP Company pled guilty to a charge under 42 U.S.C. 7413(c)(2)(B) of the Clean Air Act – specifically, failing to notify and report as required by the law. The company was subsequently sentenced on September 26, 1996, to a five-year probationary period and ordered to pay a hefty federal fine of $1,350,000.
Howard Parsons, the individual responsible for directing the illegal dumping, faced separate charges. On October 4, 1997, he was indicted on seven counts of violating 42 U.S.C. 7413(c)(1), which covers knowingly violating provisions of the Clean Air Act. A jury found Parsons guilty on all counts on November 12, 1997. His sentencing on July 21, 1998, included a 15-month prison term, a 36-month probationary period, and a significant restitution order. Parsons was directed to pay $2,000 to each of the 21 families residing near the illegal dumping sites, totaling $42,000 in restitution.
Parsons appealed his conviction and sentencing, arguing that the restitution was unwarranted due to a lack of direct causation between his actions and the residents’ damages, and disputing the amount awarded. He also challenged the jury instructions, claiming errors in the court’s guidance regarding notification requirements and the application of a “willful blindness” instruction. However, on March 4, 1999, the U.S. Court of Appeals for the Third Circuit emphatically upheld both the conviction and the sentencing, rejecting all of Parsons’ arguments. The court affirmed that the District Court had not erred in any of its rulings.
Key Facts
- Defendant(s): TCP Company (formerly Grant Paper) and Howard Parsons
- Location: Southeast Philadelphia, Pennsylvania
- Crime: Illegal dumping of asbestos-containing waste following a commercial building demolition
- Statutes Violated: 42 U.S.C. 7413(c)(1) and 42 U.S.C. 7413(c)(2)(B) of the Clean Air Act
- Penalties: TCP Company – 5 years probation, $1,350,000 fine. Howard Parsons – 15 months incarceration, 3 years probation, $42,000 restitution.
- Timeline: Demolition occurred in 1992; convictions and sentencing concluded in 1999 after multiple appeals.
This case serves as a stark reminder of the severe consequences associated with the illegal handling and disposal of hazardous materials. The EPA’s successful prosecution underscores the agency’s commitment to enforcing environmental regulations and protecting public health from the dangers of asbestos exposure. GrimyTimes will continue to follow environmental crime cases and report on efforts to hold polluters accountable.
Source: EPA ECHO Enforcement Case Database
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