Sarah Markley  |  February 21, 2018

Category: Consumer News

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AUCKLAND - AUG 01 2015:Sign reads: Danger - Asbestos removal in progress.Inhalation of asbestos fibers can cause serious and fatal illnesses including lung cancer, mesothelioma and asbestosis.An Illinois man was recently sentenced to more than three years in prison due to asbestos violation under the Clean Air Act.

Defendant Joseph C. of Sherman, Il. allegedly failed to adequately remove asbestos material from an old wheat mill and dispose of it in the correct way. Joseph is the owner of Midwest Demolition and Scrap, Inc.

In the fall of 2014, Joseph’s company cleaned up the site of an old Pillsbury wheat mill. The initial removal of the asbestos material was performed by a contractor that was hired by Joseph. But the lawsuit alleges that Joseph knew about 1,400 linear feet of insulation in one of the buildings that still contained asbestos and was not removed. According to the asbestos violation lawsuit, Joseph did not dispose of the remaining asbestos the correct way and did not hire an asbestos contractor to do the work.

In a different building, Joseph hired a contractor to remove asbestos. But that contractor was not an asbestos-removal licensed or trained contractor. Additionally the lawsuit states, Joseph paid the untrained contractor a lot less than he would have paid a trained asbestos-removal expert. As it turns out, the “contractor” that Joseph did hire was a confidential government informant, according to Law360.

The 2016 asbestos violation indictment stated: “Once removed from the pipes, the pieces of asbestos insulation were dropped to the floors of the buildings, and the resulting asbestos-containing waste material was stuffed into approximately 300 large garbage bags that were left at the facility.”

According to the asbestos violation indictment, Joseph told the government informant to stack the bags of insulation containing asbestos in the corners of the building and along the side so if an inspector came along it would be less noticeable.

The lawsuit went on to say, “More asbestos-containing waste material was piled into at least two large open-topped cardboard boxes. As a result of the dry-removal of this asbestos pipe insulation, the floors of several buildings on the property were littered with dry pieces of asbestos-containing waste material, as was the ground in the outdoor portions of the facility.”

When the plant was demolished by an explosion, asbestos-laden materials were still left in the buildings. As a result of the explosion, asbestos was released into the air exposing the residents of the surrounding neighborhood to asbestos. The residents of Pillsbury Mill exhibited rashes. It is possible that they will show the adverse effects of asbestos exposure in the future.

Joseph was convicted of an asbestos violation of the Clean Air Act. Brad Ostendorf, Assistant Special Agent in Charge of EPA’s criminal enforcement claims that Joseph knew the rules regarding asbestos violation yet blatantly ignored them. Joseph threatened his workers’ health and the health of the residents of the surrounding neighborhood, Ostendorf says.

Asbestos is a naturally occurring mineral that is mined from the earth and was, in the past, used widely for insulation. When disturbed, the tiny particles can be inhaled and lodge in the lungs. Over time, this can cause cancer and other deadly complications.

This Asbestos Violation Lawsuit is Case No. 3:16-cr-30033 in the U.S. District Court for the Central District of Illinois.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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