William Joe Avery, Asbestos Violation, Virginia 2014

Virginia Beach, VA – William Joe Avery, 82, of Virginia Beach, Virginia, was sentenced in February 2014 after pleading guilty to violating federal clean air regulations related to the improper handling and disposal of asbestos. The case, investigated by the Environmental Protection Agency (EPA), highlights a continued disregard for public health and safety despite strict regulations governing hazardous materials.

Avery, acting as Secretary and Treasurer of EC&C Environmental, a Virginia-based environmental services company, oversaw an asbestos inspection at the Wayside Motor Inn in Virginia Beach in July 2012, prior to its demolition. The inspection confirmed the presence of approximately 1,450 linear feet of regulated asbestos-containing materials (ACM) within the structure. EC&C was subsequently issued a permit by the Virginia Department of Labor and Industry (DOLI) to remove the hazardous material.

However, the removal and disposal process undertaken by EC&C and Avery fell far short of the rigorous standards mandated by the Clean Air Act’s National Emission Standards for Hazardous Air Pollutants (NESHAPs). Investigators found Avery and his company failed to adhere to required work practice standards and procedures designed to prevent the release of dangerous asbestos fibers into the air. The improper handling poses a significant health risk, as asbestos exposure is linked to severe respiratory diseases, including lung cancer and mesothelioma.

The investigation gained momentum following a February 6, 2013, meeting between Avery, a Chesapeake Deputy Fire Marshal, and a DOLI inspector. During this meeting, Avery directly admitted that at least one dumpster used on the Wayside Motor Inn project, and potentially others, contained friable asbestos waste – a particularly dangerous form of the material easily broken into inhalable fibers. This admission proved crucial in securing the guilty plea.

Federal prosecutors charged Avery with violating 42 U.S.C. 7413(c)(1), a section of the Clean Air Act specifically addressing violations of NESHAPs. On October 22, 2013, Avery entered a guilty plea. On February 7, 2014, he was sentenced to ten months of incarceration and ordered to pay a $2,000 fine. The sentence reflects the seriousness with which federal authorities treat violations of environmental regulations intended to protect public health.

Table of Contents

Key Facts

Defendant: William Joe Avery
Company: EC&C Environmental
Location: Virginia Beach, Virginia
Crime: Improper asbestos removal and disposal
Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
Penalty: 10 months incarceration, $2,000 fine
Asbestos Amount: Approximately 1,450 linear feet of ACM at Wayside Motor Inn
Admission: Avery admitted to knowingly using dumpsters containing friable asbestos waste.

GrimyTimes will continue to follow this case and report on other environmental crimes as they come to light. Readers are encouraged to report suspected environmental violations to the EPA or their local environmental agencies.

Source: EPA ECHO Enforcement Case Database

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