Press Release
Contact:
JULIE ANN WOODS
ASSISTANT U.S. ATTORNEY
PHONE: (616) 456-2406
DEMOLITION COMPANY OWNER AND SPOUSE CHARGED
WITH ASBESTOS AND PCB VIOLATIONS
MONDAY, MARCH 2, 2009 -
GRAND RAPIDS, Michigan – Scott Tucker, 42, of Saugatuck, MI., owner and
president of H & M Demolition Companies, Inc., located in Holland, MI., and Jaline Tucker, 31,
Scott’s wife, were indicted by a federal grand jury with violations of the Clean Air Act and the
Toxic Substances Control Act, U.S. Attorney Donald A. Davis announced today.
The indictment alleges that Scott Tucker’s company was hired in 2005 to demolish a building located at VKW Hardwoods located in Wyoming, MI. According to the indictment, the building contained asbestos which is regulated under the Clean Air Act and federal regulations. The Clean Air Act identifies asbestos as a hazardous air pollutant. The indictment alleges that both Scott and Jaline Tucker ordered employees of H & M Demolition to demolish the building and dispose of the asbestos in a manner contrary to the requirements of the Clean Air Act, including failure to carefully lower the asbestos to the ground, failure to wet the asbestos causing visible emissions of asbestos containing dust and failure to dispose of the asbestos at a proper landfill. According to the indictment, asbestos in excess of 160 square feet was demolished and removed from the work site.
The indictment also alleges that Scott Tucker’s company was hired in 2005 to demolish an inactive General Electric plant in Holland, MI. According to the indictment, part of the agreement included the proper handling and disposal of transformers which contained polychlorinated biphenyls (“PCBs”). The indictment alleges Scott Tucker directed employees of H & M Demolition to transport and store the PCBs in a manner contrary to the Toxic Substance Act and federal regulations, including failure to label the containers of PCBs as a toxic substance, failure to dispose of the PCBs within one year of removal from service and transportation of the PCBs without proper identification and documentation. The Toxic Substances Act identifies PCBs as a substance that presents an unreasonable risk of injury to health or the environment.
Scott and Jaline Tucker each faces up to five years in prison and fines of up to $250,000.00 for violations of the Clean Air Act. Scott Tucker faces up to one year in prison and a fine of $100,000 for violations of the Toxic Substances Control Act.
The charges in the indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty in a court of law.
The case is being investigated by the U.S. Environmental Protection Agency, Criminal Investigation Division and the Michigan Department of Environmental Quality, Criminal Division. The case is being prosecuted by Assistant U.S. Attorney Julie Woods.
END
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