Eagle Environmental

WEST VIRGINIA MAN AND COMPANY CHARGED FOR VIOLATING THE CLEAN AIR ACT

20 years ago

On March 5, Benny C. Battistelli and Power City Plumbing and Heating Inc. (Power City), of Wheeling, W.Va., were indicted in U.S. District Court for the Northern District of West Virginia in Martinsburg on several felony counts involving violations of the Clean Air Act. Battistelli is the president of Power City and the owner of the Central Union Building (CUB), also in Wheeling. The indictment alleges that in 1995 and 1997 Battistelli directed Power City employees to remove regulated asbestos-containing material from the CUB without notifying EPA, as required. It further alleges that those employees were not certified to remove asbestos, did not wet the asbestos during removal, did not wear protective clothing when removing the asbestos, and did not utilize air monitoring equipment during the removal. In addition, the indictment charges that Battistelli and Power City disposed of the asbestos at an unapproved site, and that Battistelli made a false statement to an EPA Special Agent concerning the removal of the asbestos. If convicted, Battistelli faces a maximum of up to five years imprisonment and/or fines of up to $250,000 on each count. Power City faces maximum fines of up to $500,000 on each count if convicted. The case was investigated by EPA’s Criminal Investigation Division.

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