A North Syracuse, New York, company that did air sampling and lab analysis for asbestos abatement projects faces probation, restitution and a fine of up to $200,000 after pleading guilty in federal court to negligently releasing asbestos into the atmosphere.
The way Certified Environmental Services Inc, conducted sampling and analysis for two asbestos abatement clients created an “imminent danger to persons involved,” according to an announcement of the plea bargain by the U.S. Attorney’s office in Syracuse, which prosecuted the case.
On its website, Certified says it provides “environmental testing and associated consulting services to private, municipal, industrial, educational and commercial clients” in New York. “While we understand the importance of performing quality services in strict compliance with a variety of regulations governing our industry, we also understand the financial impact that environmental compliance can have on our clients.”
However, the company’s record as outlined in court documents paints a different picture with serious environmental health implications.
“Asbestos is a hazardous air pollutant, and severely toxic. Medical science has not established any minimum level of exposure to asbestos fibers which is considered to be safe,” the U.S. Attorney’s office said.
The prosecution said Certified’s employees failed to visually inspect asbestos debris and pools of water, comply with mandatory waiting periods before testing, properly calibrate pumps before and after sampling, properly perform air sampling and decontamination of air samplers and equipment. In addition, employees let contractors collect air samples rather than doing so themselves.
The misconduct took place between 1999 and 2007 while Certified did work for abatement contractors AAPEX Environmental Services, Inc., and Paragon Environmental Services Inc.
AAPEX and Paragon “performed illegal ‘rip and run’ removals in which asbestos was stripped and removed dry, scattered and left behind in various locations throughout the work area, and was permitted to and did migrate outside of the facility and into the ambient environment,” the U.S. Attorney’s office said.
Dozens of abatement projects were involved, including ones at Syracuse University, LeMoyne College, public schools, government facilities and businesses, according to court documents.
Both abatement contractors pleaded guilty to conspiracy charges and were ordered to pay about $87,345 in restitution.
Certified’s guilty plea to a misdemeanor charge of negligent endangerment resolves a nine-year criminal investigation and legal battle.
In 2009, a grand jury indicted Certified and several individuals on environmental, conspiracy and mail fraud felony changes after an Environmental Protection Agency investigation. A jury found the company and three ex-employees guilty, but an appeals court overturned the convictions of the company and two employees in 2014, ordering a new trial.
The plea bargain is expected to end the prosecution of Nicole Copeland, the company’s former technical services manager; and Elisa Dunn, its former air monitor and field supervisor, both of whom had been convicted by the jury, according to 1st Assistant U.S. Attorney Grant Jaquith and Certified’s lawyer, Gabriel Nugent of Syracuse.
Explaining the reason that Certified pleaded guilty to a reduced charge rather than going through another trial, Nugent said “There had to be a point at which it was resolved. The company is barely functioning now. It’s a shell of its former self.”
Under the plea agreement, Certified will be placed on probation for up to five years, pay a maximum of $200,000 as a fine and make restitution. The amount of restitution is disputed, according to Jaquith and Nugent.
At the end of the trial, the government had sought $811,123 in restitution, but the trial judge set the amount at $117,000.
Certified does have assets and “is a going concern, despite the tremendous hit it’s taken in losing clients and employees,” Nugent said, but a maximum fine and high restitution could force it into bankruptcy.
He said the company no longer does the same type of asbestos field testing and “terminated some of the worst “ employees involved in the misconduct, adding “The people cooperating with the government were some of the worst with what they did in the field.”
U.S. District Judge David Hurd scheduled Sept. 10 for Certified’s sentencing.
The appeals court had also granted the U.S. Attorney’s request to have two other defendants resentenced because the lower-court judge used the wrong methodology to calculate how much they must pay. They are Frank Onoff, a Paragon employee who pleaded guilty to conspiracy, and former Certified employee Sandy Allen, who was convicted at trial.
Onoff’s restitution had been set at $3,704 and Allen’s at $5,855, amounts that the government contends are too low.