Pocatello, ID – A former Idaho Falls apartment owner has been sentenced for negligently exposing residents to dangerous asbestos fibers during a boiler removal project. Tyler Dean Harwood, 30, was sentenced on June 27, 2013, to one year of probation and ordered to pay a $250 federal fine after pleading guilty to a misdemeanor violation of the Clean Air Act.
The case stemmed from events at Harwood’s “D Street Apartments” in Idaho Falls. Court documents reveal Harwood arranged for the dismantling and removal of an aging boiler encased in asbestos-containing materials. Crucially, proper asbestos abatement procedures were not followed, leading to the release of powdered asbestos dust into the building’s ambient air. This exposed residents to a known carcinogen and potential for severe respiratory illness.
Negligent Disregard for Resident Safety
Federal authorities allege Harwood demonstrated a negligent disregard for the health and safety of his tenants. Asbestos, a naturally occurring mineral fiber, was once widely used in construction materials due to its heat resistance and insulating properties. However, when disturbed, asbestos fibers become airborne and can be inhaled, leading to asbestosis, lung cancer, and mesothelioma – often decades after exposure. Proper handling requires specialized training, protective equipment, and adherence to strict EPA regulations.
Clean Air Act Violation & Penalties
Harwood was charged with violating 42 U.S.C. 7413(c)(4) of the Clean Air Act, specifically the section addressing negligent endangerment through the release of a hazardous air pollutant. The EPA’s Office of Criminal Enforcement investigated the case, highlighting the seriousness with which federal authorities treat violations of environmental laws that directly impact public health. U.S. Magistrate Judge Ronald E. Bush not only imposed the fine and probation, but also mandated Harwood complete a course designed for property owners outlining proper EPA guidelines for handling potentially hazardous materials.
EPA Statement on the Case
“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.” Amon’s statement underscores the EPA’s commitment to prosecuting individuals who prioritize cost-cutting over the well-being of the communities they serve.
Key Facts
- Defendant: Tyler Dean Harwood
- Location: Idaho Falls, Idaho
- Crime: Negligent release of asbestos, violating the Clean Air Act (42 U.S.C. 7413(c)(4))
- Date of Plea: April 25, 2013
- Sentence: 12 months probation, $250 fine, required EPA training
- Impact: Residents of D Street Apartments exposed to airborne asbestos dust.
This case serves as a stark reminder to property owners and contractors of the legal and ethical obligations associated with handling asbestos. Failure to comply with EPA regulations can result in significant penalties and, more importantly, jeopardize the health of vulnerable populations.
Source: EPA ECHO Enforcement Case Database
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