John Mills, a landlord, and his employee, Terrance Allen, both of Malone, NY, pled guilty in federal court for violating the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in January, 2012. The two men were indicted in March, 2012, for illegally removing and disposing of more than 260’ of asbestos-containing pipe wrap from two locations, both of which are owned by Mills. Allen was employed as a maintenance supervisor.
The asbestos was friable, meaning it could easily become airborne with a minimal amount of pressure. Mills and Allen failed to warn subordinates about the hazardous material they were handling, nor did the defendants provide protective equipment for the employees they directed to remove almost twenty bags’ worth of the contaminated pipe wrap.
According to the indictment, Mills falsely told a New York State Department of Labor inspector that he was following required procedure for asbestos abatement, which includes wetting the friable asbestos to help prevent it from crumbling. Additional court documents revealed that Mills attempted to hide the bags of pipe wrap from Environmental Protection Agency agents. As a result, the indictment included charges for making false statements to law enforcement officers. Mills was also charged with retaliating against a witness, due to the fact that he fired the employee who blew the whistle on the unlawful activity.
Mills and Allen will be back in court on May 12 for sentencing, which can result in up to five years in prison and a $250,000 fine.
Asbestos fibers are extremely dangerous, and inhaling them is the primary cause of mesothelioma, a type of lung cancer that is almost always fatal. Prior to its ban in the 1970s, asbestos was used in a wide range of industries, including construction. Asbestos continues to be discovered in basements and attics of many old structures, which is why such stringent laws regarding its safe removal and disposal exist.