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FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Hugh Barker
D.  Kansas  6:11-CR-10160-MLB


Barker failed to file notification of demolition with the Environmental Protection Agency. He admitted that on October 8, 2008, his company, Barker Sand and Gravel, began demolishing the Buckeye Building in Harper, Kansas.

Barker, who had a contract with the city of Harper for the demolition, failed to file required notification of plans for the demolition. An inspection by the Kansas Department of Health and Environment determined that debris from the building included floor tile containing asbestos.



August 17, 2011
Barker was charged with one count of violating the CAA {42 U.S.C. 7413(c)(2)(B) - fails to notify or report as required}.
CITATION: 42 U.S.C. 7413(c)(2)(B)
January 23, 2012
Barker pled guilty to the charge.


FOR IMMEDIATE RELEASE
January23, 2011

Harper Man Pleads Guilty To Environmental Charge

WICHITA, KAN. – A Harper man has pleaded guilty to violating a federal environmental law when he demolished a building for the city of Harper, U.S. Attorney Barry Grissom said today.

Hugh Barker, 55, Harper, Kan., pleaded guilty to failing to file notification of demolition with the Environmental Protection Agency. In his plea, he admitted that on Oct. 8, 2008, his company, Barker Sand and Gravel, began demolishing the Buckeye Building in Harper, Kan. Barker, who had a contract with the city of Harper for the demolition, failed to file required notification of plans for the demolition. An inspection by the Kansas Department of Health and Environment determined that debris from the building included floor tile containing asbestos.

Sentencing in this case is set for April 9. He faces a maximum penalty of two years in federal prison and a fine up to $250,000. In 2008, Barker was sentenced to two years probation after pleading guilty to discharging a pollutant into the East Sand Creek in Harper County in 2006 .

Grissom commended the Environmental Protection Agency and Assistant U.S. Attorney Alan Metzger for their work on the case.


April 9, 2012
Barker was sentenced to 12 months probation and ordered to pay a $1,000 federal fine.
STATUTE:
  • Clean Air Act (CAA)

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