Feb. 7, 2003 – Two men were indicted Friday in District Court on charges of violating the federal Clean Air Act and making false statements in connection with asbestos removal at the Donoe housing project in 2001.
A federal grand jury on St. Thomas returned the 16-count indictment charging Cleve-Allan George, 45, and Dylan C. Starnes, 34, with improper handling and disposal of asbestos-containing material, according to a release from the U.S. Attorney's Office.
The indictment charges that the two men failed to wet the material containing asbestos, a procedure which prevents the asbestos from becoming airborne, both during removal and afterwards; that they allowed emissions to be discharged during the collection and packaging stage of the removal; and that they falsely identified the type of asbestos being shipped.
Asbestos is, according to the Occupational Safety and Health Administration, well recognized as a health hazard. Inhalation of airborne asbestos fibers, which are not visible to the naked eye, can cause diseases to the lungs and other organs which may not become evident until many years after exposure.
"Asbestos can cause a buildup of scar-like tissue in the lungs and result in loss of lung function that often progresses to disability and death," according to OSHA's Web site.
Asbestos is also a carcinogen.
Federal regulations require that workers handling asbestos-containing materials be monitored, in some cases daily and at least periodically.
The indictment charges that George and Starnes made false statements concerning the results of air-quality monitoring and employee-exposure monitoring. The men claimed air samples had been analyzed and found to be within acceptable limits when, "in fact, the air samples had not been analyzed at all," the release said.
At the time the Donoe work was being completed, George was owner/operator of Virgin Islands Asbestos Removal Co., which had offices on St. Thomas. And Starnes was president of Environmental Compliance and Consulting Inc. in Atlanta.
Violations of the Clean Air Act carry a maximum penalty of five years imprisonment and a $250,000 fine. Making a false statement in a matter within the jurisdiction of a federal agency also carries a maximum penalty of five years imprisonment and a $250,000 fine.
Arrest warrants were issued for both men, according to Assistant U.S. Attorney Hugh P. Mabe III.
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