News and Press Releases

Two Toledo men charged with violating the clean air act

FOR IMMEDIATE RELEASE
May 2, 2013

Two Toledo men were charged with violations of the Clean Air Act and regulations involving the removal and disposal of asbestos-containing material, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Charged are John Mayer, age 52, and Timothy Bayes, age 32.

“These defendants are accused of ignoring laws and regulations that are in place to protect the public,” Dettelbach said. “Protecting the environment, including the air we breathe, is a priority of my office and the Justice Department.”

The indictment alleges that between September 2010 and December 2010, Mayer directed individuals to remove asbestos-containing insulation from boilers, duct work and pipes in a former manufacturing facility in Toledo, Ohio, in order that Mayer could sell the scrap metal from those items. This work was performed in violation of the federal Clean Air Act regulations regarding asbestos abatement, according to the indictment.

It is alleged that the asbestos-containing insulation was not wetted at any time during the removal process; the City of Toledo, Division of Environmental Services, was not notified prior to the work commencing; and, that there was not on site a person trained in the provisions of the federal asbestos regulations.

Bayes, at Mayer’s direction, dumped approximately 82 garbage bags of the asbestos-containing insulation at various locations throughout Toledo in violation of the requirement that such material be disposed at a site operated in accordance with federal law, according to the indictment.

If convicted, each defendant’s sentence will be determined by the court after review of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigating agencies in this case are the U.S. EPA Criminal Investigation Division, the Ohio Bureau of Criminal Identification and Investigation, and the Ohio Environmental Protection Agency, all members of the Northwest Ohio Environmental Crimes Task Force. The case is being handled by Assistant United States Attorney Thomas A. Karol and Special Assistant United States Attorney James J. Cha.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

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