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FISCAL YEAR: 2013
1. PRINCIPAL DEFENDANT: Duane L. O'Malley
C.D.  Illinois  CR-10-20042
2. DEFENDANT: James A. Mikrut
C.D.  Illinois  CR-10-20042
3. DEFENDANT: Michael J. Pinski
C.D.  Illinois  CR-10-20042


Pinski hired O’Malley, owner and operator of Origin Fire Protection, was hired in August 2009 to remove asbestos-containing insulation from pipes in a five-story building in Kankakee, Illinois, that was owned by Dearborn Management, Inc.

Evidence was presented that neither O’Malley nor his company was trained to perform the asbestos removal work and that O’Malley agreed to remove the asbestos insulation for an amount that was substantially less than a trained asbestos abatement contractor would have charged to perform the work. Further, O’Malley arranged for Mikrut to recruit and oversee workers to remove the asbestos.

June 9, 2010
O'Malley, Mikrut and Pinski were charged with violating the CAA {42 U.S.C. 7413(c)(1) - knowingly violates}.

CITATION: 42 U.S.C. 7413(c)(1)
August 19, 2011
Pinski pled guilty to violating the CAA.

August 24, 2011
Mikrut pled guilty to violating the CAA.

September 26, 2011
O'Malley was convicted by a federal jury on charges that he violated the CAA.

July 25, 2012
O'Malley was sentenced to 120 months incarceration, 36 months probation, ordered to pay a $15,000 federal fine and $47,086 in restitution to the U.S. Environmental Protection Agency (EPA) related to the clean-up of illegally disposed asbestos.

Read the press release.
September 20, 2012
Mikrut was sentenced to 24 months and a day incarceration and ordered to pay the U.S. EPA Hazardous Substance Superfund, Pembroke Roadside Asbestos Site restitution in the amount of $23,543.

January 14, 2013
Pinski was sentenced to 6 months in prison, followed by 24 months of supervised release including 6 months of home detention.


Press Release
Central District of Illinois
January 16, 2013

Final Defendant Sentenced in Kankakee Clean Air Act Prosecution

Urbana, Ill. – Michael Pinski, who previously pled guilty to violation of the Clean Air Act related to illegal and unsafe asbestos removal from a Kankakee, Ill., building he owned, has been sentenced. On Monday, Jan. 14, 2013, U.S. District Judge Michael P. McCuskey ordered that Pinski, 44, of Kankakee, Ill., serve six months in prison, followed by two years of supervised release including six months of home detention. Pinski was ordered to report to the federal Bureau of Prisons on Feb. 20, 2013. On Aug. 19, 2011, Pinski entered a plea of guilty to violating the Clean Air Act by failing to notify the Illinois EPA of an asbestos removal job that took place at a warehouse in Kankakee, Illinois that Pinski owned. Pinski was charged in June 2010, along with Duane “Butch” O’Malley, 60, of Bourbonnais, and James A. Mikrut, 50, of Manteno.

Mikrut, who pled guilty to five counts of violating the Clean Air Act, was sentenced on Sept. 20, 2012, to 12 months and one day in prison, followed by one year of supervised release under home detention. Mikrut was ordered to pay restitution of $47,085 to the Environmental Protection Agency along with co-defendant O’Malley. On July 25, 2012, O’Malley, convicted by a jury in September 2011, was sentenced to 10 years in prison, fined $15,000, and ordered to remain on supervised release for a period of three years following completion of his prison sentence.

Under provisions of the Clean Air Act, the EPA has promulgated rules, regulations and requirements to control the removal, handling and disposal of asbestos, a hazardous air pollutant. Any owner or operator of a renovation or demolition activity which involves removal of specified amounts of asbestos-containing material must comply with the EPA regulations.

Pinski pled guilty to violation of the Clean Air Act related to the illegal and unsafe removal of asbestos-containing insulation from pipes in a five-story building at 197 South West Ave., in Kankakee, that was owned by Pinski through his company, Dearborn Management, Inc. In August 2009, Pinski hired O’Malley, owner and operator of Origin Fire Protection. During O’Malley’s trial, the government presented evidence that neither O’Malley nor his company was trained to perform the asbestos removal work and that O’Malley agreed to remove the asbestos insulation for an amount that was substantially less than a trained asbestos abatement contractor would have charged to perform the work. Further, O’Malley arranged for Mikrut to recruit and oversee workers to remove the asbestos.

The government’s evidence showed that there was no notification of the planned asbestos removal work given to the Illinois EPA or the U.S. EPA, among other various violations of the Clean Air Act and EPA regulations.

The charges were investigated by the U.S. Environmental Protection Agency, Criminal Investigation Division, with assistance from the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency’s Superfund Division. Assistant U.S. Attorney Eugene L. Miller and Special Assistant U.S. Attorney James Cha prosecuted the case.

STATUTE:
  • Clean Air Act (CAA)

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