Pocatello, ID – Tyler Dean Harwood, 30, of Idaho Falls, has been sentenced to one year of probation and a $250 federal fine for negligently releasing asbestos into the air at his “D Street Apartments” building, according to a statement released by the U.S. Attorney’s Office for the District of Idaho. The case, investigated by the Environmental Protection Agency (EPA), highlights the serious health risks associated with improper asbestos abatement and the criminal consequences for those who prioritize cost-cutting over resident safety.
Court documents reveal that Harwood arranged for the removal of an asbestos-wrapped boiler from the basement of the apartment complex. During the dismantling process in early 2013, powdered asbestos dust was released into the building’s ambient air, directly exposing residents to the dangerous substance. Asbestos, a known carcinogen, can cause severe respiratory illnesses, including lung cancer and mesothelioma, often decades after exposure.
Details of the Offense & Prosecution
Harwood was initially charged on February 1, 2013, with violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(4), which addresses negligent endangerment through the release of hazardous air pollutants. He subsequently pled guilty to the misdemeanor count on April 25, 2013. U.S. Magistrate Judge Ronald E. Bush handed down the sentence on June 27, 2013, also mandating that Harwood complete a course designed for property owners on adhering to EPA guidelines for handling hazardous materials.
“Exposure to asbestos can cause cancer and serious respiratory illness,” stated Tyler Amon, Special Agent-in-Charge of EPA’s Office of Criminal Enforcement. “Cutting corners when it comes to handling asbestos is not just a health hazard, but in this case was a criminal act that put people at risk.” The EPA’s investigation underscores the agency’s commitment to pursuing those who disregard environmental regulations and endanger public health.
Asbestos Regulations & Risks
Asbestos was widely used in construction materials for much of the 20th century due to its fire-resistant and insulating properties. However, its dangers became increasingly apparent, leading to stricter regulations governing its handling and removal. Improper asbestos abatement can release microscopic fibers into the air, posing a significant health threat to anyone who inhales them. The CAA aims to protect air quality and public health by regulating emissions of hazardous air pollutants like asbestos.
This case serves as a stark reminder to property owners and contractors of the legal and ethical obligations surrounding asbestos abatement. Failure to comply with EPA regulations can result in hefty fines, criminal charges, and, most importantly, irreversible harm to the health of individuals exposed to the dangerous material. Experts recommend professional asbestos abatement services to ensure safe and compliant removal.
Key Facts
- Defendant: Tyler Dean Harwood
- Location: Idaho Falls, ID
- Crime: Negligent release of asbestos, violating the Clean Air Act.
- Statute Violated: 42 U.S.C. 7413(c)(4)
- Penalty: 12 months probation and a $250 fine. Required to complete a property owner’s course on EPA guidelines.
- Date of Sentence: June 27, 2013
- Investigating Agency: U.S. Environmental Protection Agency (EPA)
Source: EPA ECHO Enforcement Case Database
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