As part of a plea deal, Ernest Johnson, owner of Johnson Contracting of Western New York, acknowledged his company’s violation of the Clean Air Act at the Kensington Heights housing complex.
According to charges and Johnson’s admission, workers for the company dumped asbestos-containing material into holes in the floors of the Kensington Heights complex, leaving the hazardous substance uncontained. The company’s negligence led to the asbestos being released into the environment surrounding the vacant public housing towers.
Johnson Contracting of Western New York was also accused of designing a scheme to cut corners at the housing complex and covering it up. The cover-up involved state and city inspectors falsifying documents to indicate Kensington Heights was free of asbestos. Several compliance monitors have already taken plea deals.
Johnson, who is facing up to 30 months of prison time, may receive leniency at the time of his sentencing, as he is the most important defendant to admit guilt in the government’s case. Remaining defendants include a former state Labor Department inspector and two City Hall inspectors; Johnson may serve as a key witness when the inspectors’ trial begins in two weeks.
“The defendant agrees to cooperate with the government,” Assistant U.S. Attorney Aaron Mango told U.S. District Judge Richard J. Arcara, who will be responsible for Johnson’s sentencing.
Asbestos exposure is responsible for a variety of respiratory health problems, including the fatal mesothelioma. To ensure the safety of all those potentially at risk, contractors are expected to follow strict procedures when handling and disposing of asbestos.