MALONE, NY – A New York property owner and his maintenance manager were each sentenced to 21 months in federal prison this week for a conspiracy to illegally remove and dispose of asbestos, exposing workers and potentially the public to the dangerous material. Terrance Francis Allen, 57, and property owner John Francis Mills, 64, both of Malone, New York, pled guilty earlier this year and faced sentencing before U.S. District Judge Thomas J. McAvoy.
The pair knowingly directed an employee to remove over 260 linear feet of asbestos-containing pipe wrap from three properties owned by Mills – located at 458 East Main Street, 144 Elm Street, and 100 Elm Street – without providing adequate safety equipment or following mandated federal regulations. According to court documents, the employee was neither warned about the presence of asbestos nor given personal protective equipment during the removal process. The hazardous material was then transported in the open bed of a pickup truck, and ultimately concealed in a U-Haul box truck and a shed maintained by the Malone Department of Public Works, in an attempt to evade authorities.
Federal prosecutors detailed how Mills and Allen deliberately failed to notify the National Response Center about the asbestos release, a direct violation of the law. This concealment, combined with the unsafe removal and disposal practices, created a significant environmental and health risk. The case highlights a pattern of disregard for public safety and environmental regulations, driven by a desire to cut corners and avoid the costs associated with proper asbestos abatement.
Legal Ramifications
The defendants were convicted on one count of conspiracy to violate the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 18 U.S.C. 371 and 42 U.S.C. 9603 (a). Mills also pled guilty to two additional counts of knowingly violating CERCLA for failing to report the asbestos release. In addition to the prison sentence, Mills was ordered to pay a $25,000 fine and a $300 crime victim special assessment fee. Both men will also serve two years of supervised release following their incarceration. The Clean Air Act mandates specific work practice standards for asbestos removal, including pre-removal notification to the EPA, proper wetting of the material, and disposal at an EPA-approved facility – all of which were ignored in this case.
Investigation and Prosecution
The investigation, led by federal environmental enforcement agencies, uncovered a systematic disregard for safety protocols. The failure to adhere to these protocols not only endangered the employee directly involved in the removal but also potentially exposed residents of Malone to asbestos fibers, a known carcinogen. Prosecutors emphasized the seriousness of the offense, noting that asbestos exposure can lead to debilitating and often fatal diseases, including lung cancer and mesothelioma.
Key Facts
- Defendants: Terrance Francis Allen, John Francis Mills
- Location: Malone, New York
- Crime: Illegal asbestos removal and disposal, conspiracy to violate CERCLA
- Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 9603 (a)
- Sentencing: 21 months imprisonment for both defendants, $25,000 fine for Mills, 2 years supervised release
- Asbestos Removed: Over 260 linear feet of asbestos-containing pipe wrap
- Timeline: Charges filed March 7, 2012; Guilty pleas January 21, 2014; Sentencing September 8, 2014
This case serves as a stark reminder that environmental crimes carry significant legal consequences and that those who prioritize profit over public safety will be held accountable. The EPA continues to aggressively pursue enforcement actions against individuals and companies who violate environmental regulations, protecting communities from the dangers of hazardous materials like asbestos.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Gary Patton Hall, Jr. Admits to Conspiracy to Commit Bank Fraud, Ma… · New York
- CONNECTZONE.COM LLC, Conspiracy to Distribute Counterfeit Computer … · Maryland
- Alagi Samba Pleads Guilty to Conspiracy to Commit Wire Fraud, Buffa… · New York
- John Brewer, Bid-Rigging Conspiracy, California 2024 · New York
- Jason Jimenez, Conspiracy to Defraud IRS, NY 2024 · New York
