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FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Leonard J. Pugh
N.D.  New York  5:11cr379
Pugh is an owner of a limited liability corporation known as the 44 Mohawk Street LLC, that owned a building, located at 44 Old Mohawk Street in Whitesboro, New York, which contained approximately 6000 square feet of asbestos.

Pugh admitted that he hired an unlicensed individual to demolish the building with knowledge that Pugh would not first notify the Environmental Protection Agency of the demolition activity, maintain the asbestos in a wet condition during removal activities, or dispose of the asbestos in a landfill authorized by law to accept asbestos contaminated materials.



September 8, 2011
Pugh was charged with 2 counts of violating the CAA {42 U.S.C. 7413(c)(1) - knowingly violates}.

He pled guilty to both counts.

CITATION: 42 U.S.C. 7413(c)(1)
January 11, 2012
Pugh was sentenced to 12 months probation and ordered to pay a $5,000 federal fine.


Press Release

Department of Justice
United States Attorney
Northern District of New York
NEWS RELEASE
January 11, 2012

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today that Leonard Pugh, 74, residing in Oriskany, New York, was sentenced in U.S. District Court in Syracuse following his guilty plea to a violation of the Clean Air Act, in violation of 42 U.S.C. § 7413(c). The Honorable Norman A. Mordue sentenced Pugh to 1 year of probation and directed him to pay a $5,000 fine.

Mr. Pugh is an owner of a limited liability corporation known as the 44 Mohawk Street LLC, that owned a building, located at 44 Old Mohawk Street in Whitesboro, New York, containing approximately 6000 square feet of asbestos. In pleading guilty Pugh admitted he hired an unlicensed individual to demolish the building with knowledge that he would not first notify the Environmental Protection Agency of the demolition activity, maintain the asbestos in a wet condition during removal activities, and dispose of the asbestos in a landfill authorized by law to accept asbestos contaminated materials.

Asbestos had been determined to cause various forms of cancer and asbestosis, a nearly always fatal lung disease. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.

This case was investigated by Special Agents of the Environmental Protection Agency and New York State Department of Environmental Conservation. Inspectors with the NYS Department of Labor also assisted. Prosecution was handled by Assistant United States Attorney Craig A. Benedict.


STATUTE:
  • Clean Air Act (CAA)

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