Terry Conklin, Asbestos Cover-Up, NY 1999

Johnson City, NY – A construction worker received a ten-month federal prison sentence in 1999 after pleading guilty to knowingly violating the Clean Air Act (CAA) in a dangerous and deceptive scheme involving the illegal disposal of asbestos. Terry Conklin’s actions not only endangered public health but also involved a deliberate attempt to conceal the hazardous material, raising questions about potential broader negligence in asbestos handling practices at the time.

According to court documents, Conklin illegally removed asbestos from a property in Johnson City in December 1997. Instead of disposing of the material through legally mandated channels – designed to prevent airborne asbestos fibers from becoming a public health hazard – Conklin buried the asbestos on the same site and then covered it with a new concrete floor. This act effectively concealed the dangerous substance, creating a long-term risk to anyone who might disturb the area in the future.

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Indictment and Plea

Conklin was initially indicted in October 1998 on eight separate counts, including four counts of making false statements (18 U.S.C. 1001), one count of violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – specifically relating to the release of a hazardous substance from a facility (42 U.S.C. 9603(b)(3)), and three counts of violating the Clean Air Act (42 U.S.C. 7413(c)(1) and 42 U.S.C. 7413(c)(2)(A)). The CAA violations included knowingly violating regulations and making false statements regarding asbestos handling.

However, Conklin ultimately pled guilty to a single count of knowingly violating the Clean Air Act (42 U.S.C. 7413(c)(1)) in December 1998. This plea suggests a strategic negotiation with prosecutors, potentially in exchange for a lighter sentence than he might have faced if convicted on all counts. The prosecution successfully demonstrated that Conklin acted with full knowledge of the dangers posed by asbestos and deliberately circumvented regulations designed to protect the public.

Sentencing and Penalties

On April 23, 1999, U.S. District Court Judge sentenced Conklin to ten months of incarceration. In addition to the prison term, Conklin was ordered to pay a $12,000 federal fine. The sentence reflects the severity with which federal authorities treat violations of environmental regulations, particularly those involving hazardous materials like asbestos, which is a known carcinogen.

The case highlights the critical importance of proper asbestos abatement procedures. Asbestos, once widely used in construction, poses significant health risks when its fibers become airborne. Improper handling and disposal can lead to serious respiratory illnesses, including lung cancer and mesothelioma. This case serves as a stark reminder that cutting corners on environmental regulations can have severe consequences, both legally and for public health.

Key Facts

Defendant: Terry Conklin
Crime: Illegal asbestos disposal and false statements
Location: Johnson City, New York
Year: 1999
Statutes Violated: 18 U.S.C. 1001, 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(2)(A), 42 U.S.C. 9603(b)(3)
Penalty: 10 months imprisonment and $12,000 fine
Details: Conklin buried asbestos on a property and covered it with concrete to conceal it.

Source: EPA ECHO Enforcement Case Database

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