Iowa Man Sentenced to 41 Months in Prison for Conspiring to Violate the Clean Air Act (HQ, IA)
WASHINGTON
— Bobby Joe Knapp, of West Des
Moines, Iowa, was sentenced today by U.S. District Judge James E.
Gritzner to 41 months in prison for conspiring to violate the Clean
Air Act. The former owner and operator of the Equitable Building in
downtown Des Moines, Iowa, was also sentenced for violating Clean
Air Act asbestos work practice standards for his role during the
renovation of more than 10 floors of the building between 2005 and
2008. Exposure to asbestos increases the risk of developing lung
cancer and other respiratory diseases. Knapp’s prison sentence will be followed by two
years of supervised release and 300 hours of community service. He
must also pay a $12,500 fine and $200 crime victim special
assessment fee.
“Ignoring the safeguards put into place to protect workers
and the public from the risk of exposure to asbestos is
inexcusable,” said Cynthia Giles, assistant administrator for
EPA’s Office of Enforcement and Compliance Assurance.
“Today’s sentence reflects the seriousness of the crime
and sends a strong warning to anyone thinking of cutting corners to
save money at the expense of people's health.”
“Knapp's illegal
conduct put at risk the health of workers who lacked basic training
and protective equipment,” said Ignacia S. Moreno, assistant
attorney general for the Environment and Natural Resources Division
at the Department of Justice. “The Clean Air Act work
practice standards are designed to protect people’s health
from real dangers, and we will hold violators fully responsible for
their actions.”
On March 18, 2011, Knapp pleaded guilty to one count of conspiracy
to violate the Clean Air Act and one count of failing to remove all
regulated material containing asbestos from the Equitable Building
before beginning the renovation project at the building from 2005
until 2008. Knapp owned the building and oversaw the renovation
project, which involved converting several floors into luxury
residential condominium units, and renovating other floors to
attract additional commercial tenants.
In the plea agreement, Knapp admitted that he conspired with
Russell Coco, who was also charged and pleaded guilty to the same
counts on February 15, 2011, to remove materials containing
asbestos from the Equitable Building without complying with the
requirements of the Clean Air Act.
According to testimony presented at sentencing, while Knapp was
overseeing the project, material containing asbestos was removed
from the building and disposed of in an uncovered dumpster. The
testimony also showed that the demolition work was performed by
workers who were not provided with personal protective equipment to
reduce exposure to the asbestos. Testimony also showed that the
building workers, one of whom was disabled, and tenants, were
exposed to large amounts of dust that resulted from the demolition.
A worker testified that the workers were not instructed to wet
tiles containing asbestos before and during the demolition process,
which increased their exposure to dust.
The Clean Air Act requires that owners of public buildings that
contain asbestos follow federally established work practice
standards to ensure the safe removal of the asbestos. The required
standards include providing notice to the U.S. Environmental
Protection Agency (EPA) before starting asbestos removal,
adequately wetting the asbestos during the removal and before
disposal, and properly disposing of the asbestos at an EPA-approved
disposal site.
The case was investigated by EPA and the Iowa Department of Natural
Resources. The case was prosecuted by the U.S. Attorney’s
Office for the Southern District of Iowa and the U.S. Justice
Department’s Environmental Crimes Section of the Environment
and Natural Resources Division.
More information on EPA’s criminal enforcement
program:http://www.epa.gov/compliance/criminal/index.html