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TWO NEW YORK MEN FACE ASBESTOS CHARGES

Release Date: 04/09/99
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FOR RELEASE: FRIDAY, APRIL 9, 1999
TWO NEW YORK MEN FACE ASBESTOS CHARGES

Nicholas LaPenta of Liverpool, N.Y., and Steven Hunter of Cayuga, N.Y., were both charged in separate cases on March 31 in U.S. District Court for the Northern District of New York in Syracuse for violating the Clean Air Act by improperly removing asbestos. LaPenta is the owner of Antonio’s Restaurant in Syracuse. He allegedly caused asbestos to be removed from a food storage location at the restaurant without inspecting the facility for the presence of asbestos and without promptly reporting the release of asbestos to the National Response Center, as required by law. He is also charged with making false statements to investigators. Hunter is the owner of Hunter Heating, Contracting and Plumbing. While conducting asbestos abatement at the Masonic Temple in Auburn, N.Y., he allegedly failed to inspect the building for asbestos, failed to have a certified contractor perform the work, failed to properly wet and bag the asbestos, failed to properly label containers filled with asbestos, and failed to dispose of the asbestos at a landfill approved for that purpose. The improper removal of asbestos can lead to the inhalation of airborne asbestos fibers which can cause lung cancer, a lung disease known as "asbestosis," and mesothelioma which is a cancer of the chest and abdominal cavities. If convicted on all counts, LaPenta faces a maximum prison sentence of up to 17 years and/or fines of up to $1 million. Hunter faces a maximum of up to 32 years in prison and/or fines up to $1.75 million, if convicted on all charges. The case was investigated by EPA’s Criminal Investigation Division, and is being prosecuted by the U.S. Department of Justice.


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