Timothy Smith, Negligent Violation of Clean Air Act, Kentucky 2016

Madisonville, KY – Timothy Smith, owner of S&S Salvage, LLC., was sentenced to 90 days in jail and two years of probation in November 2016 for a negligent violation of the Clean Air Act during the demolition of the former Goodyear Tire plant in Madisonville, Kentucky. The case, investigated by the Kentucky Division of Air Quality and the United States Environmental Protection Agency – Criminal Investigation Division (EPA/CID), highlights the ongoing federal effort to enforce environmental regulations and protect public health.

According to court documents, Smith admitted to failing to adhere to established protocols while overseeing the demolition at 200 Commerce Drive in February 2014. A Madisonville City Inspector initially alerted a S&S Salvage manager in January 2014 that the building contained asbestos and required a ten-day notice prior to any demolition activity. Despite this warning, inspectors later observed employees using acetylene torches to dismantle a boiler and pipes, disturbing insulation materials without proper safety measures. Critically, workers were not wearing respirators, and the insulation wasn’t being wetted down – both mandatory procedures to prevent the release of hazardous asbestos fibers.

Subsequent testing of the disturbed materials confirmed the presence of asbestos, ranging from 10 to 20% content. This discovery triggered a federal investigation, revealing a pattern of disregard for environmental regulations. Investigators found Smith had been involved in prior enforcement actions with the Kentucky Department of Environmental Protection related to demolition projects where he failed to provide required notices or environmental surveys before commencing work. Smith acknowledged his guilt in not performing these necessary tasks prior to the demolition at the Goodyear plant.

The prosecution, led by Assistant United States Attorney Randy Ream, emphasized the severity of Smith’s actions. “These federal safety guidelines for hazardous materials exist to protect us – to protect workers and protect the community,” stated United States Attorney John E. Kuhn, Jr. “Mr. Smith repeatedly disregarded these guidelines, thereby putting the safety and health of others at risk.” While no fine was directly imposed, Smith agreed to pay $25,000 to the Commonwealth of Kentucky as part of the plea agreement.

Legal Ramifications

Smith was convicted under 42 U.S.C. 7413(c)(4) of the Clean Air Act, a Class A misdemeanor. Violations of this statute can result in imprisonment and/or fines, though in this instance, the sentence focused on incarceration and restitution. The Clean Air Act aims to control air pollution at a national level, and negligent violations during demolition projects involving hazardous materials like asbestos are taken seriously due to the significant health risks they pose.

Key Facts

• Defendant: Timothy Smith, owner of S&S Salvage, LLC.
• Location: Madisonville, Kentucky (Goodyear Tire plant)
• Date of Offense: February 19, 2014
• Statute Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act
• Sentence: 90 days imprisonment, two years probation
• Restitution: $25,000 paid to the Commonwealth of Kentucky
• Hazardous Material: Asbestos present in building insulation
• Prior Violations: Smith had prior enforcement actions with the Kentucky Department of Environmental Protection

This case serves as a stark reminder that proper handling of hazardous materials during demolition is not merely a suggestion, but a legal requirement with significant consequences for those who fail to comply. The EPA and its partners continue to prioritize the investigation and prosecution of environmental crimes to safeguard both worker safety and the well-being of communities nationwide.

Source: EPA ECHO Enforcement Case Database

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