Tuesday, July 1, 2008

California man convicted of clean air act violation

Tracy, California â€" A California man has been convicted by a federal jury of violating the Federal Clean Air Act by illegally demolishing a building that contained large amounts of asbestos. The man is Wassim Mohammad Azizi, 37, who resides in Tracy. The conviction relates to a vacant two storey wooden building Azizi owns in Hayward at 27794 Mission Blvd. Investigation of the case was triggered by the Environmental Protection Agency. After hearing that illegal asbestos handling had been carried out on the Hayward site, an inspection revealed a number of Clean Air Act violations. During the five day trial, the jury heard that Azizi had neglected to notify both the Environmental Protection Agency and the Bay Area Air Quality Management District that demolition of the Hayward building in 2002 and 2003 would result in a potential asbestos hazard. Azizi renovates and sells commercial properties. During the course of his work he hired an unlicensed worker to demolish the Mission Blvd. building. At that time Azizi was aware that the building contained hazardous materials, said prosecutors. Azizi was convicted of three felony charges for Clean Air Act violations. The Tracy resident was convicted of illegally demolishing a building that contained asbestos, of neglecting to remove the hazardous material prior to definition, thus failing to comply with the Clean Air Act, and of violating work safety practices. In addition, the jury found that Azizi failed to use proper asbestos handling and removal techniques to keep the building safe for employees and the public. Most state laws require that a building that contains asbestos cannot be demolished until the asbestos is removed. In addition, the laws require that the asbestos be removed according to special techniques such as wet-removal, which reduce the possibility of creating and dispersing large amounts of airborne asbestos fibers. Failure to comply with these laws constitutes violation of the federal Clean Air Act and also puts public health and safety at risk. In a prepared statement, EPA Special Agent Nick Torres said, “The defendant not only risked exposing the public and any workers at the site to asbestos, a known carcinogen, but also tried to cover up his crime by lying to the local enforcement agency.” Azizi was convicted of three felony counts of Clean Air Act violation. He faces a maximum federal prison sentence of fifteen years, and may also face fines of up to $750,000 plus restitution. Azizi will be sentenced on August 27 by U.S. District Judge Maxine Chesney. (Source: Asbestos and Mesothelioma News)

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