TRENTON
– Attorney General Anne Milgram and
Criminal Justice Director Deborah Gramiccioni
announced that a Bronx, N.Y., man pleaded
guilty today to releasing hazardous asbestos
dust and debris at a church in Paterson
by removing asbestos insulation without
a license and without observing federal
and state laws intended to protect health
and safety.
The
unlawful asbestos removal led to the release
of asbestos throughout the Friendship Baptist
Church at 433 Park Avenue in Paterson, including
an area that is leased to a daycare center,
A Whole New World Daycare.
According
to Director Gramiccioni, Tyrone Maple, 51,
of Bronx, N.Y., pleaded guilty to an accusation
charging him with a second-degree charge
of knowingly causing the unlawful release
of a toxic pollutant before Superior Court
Judge Marilyn C. Clark in Passaic County.
Under the plea agreement, the state will
recommend that Maple receive a three-year
state prison sentence.
An
investigation by the Division of Criminal
Justice Environmental Crimes Bureau revealed
that Maple, a church member who works as
a boiler repairman in New York, was not
licensed to perform asbestos removal, as
required by law, but contracted with the
church to remove the asbestos insulation
from the church’s basement for $6,200.
“This
crime could have posed serious health risks
for the young children in that daycare center,”
said Attorney General Milgram. “To
turn a profit, this defendant took chances
with families who had few affordable alternatives
for child care. His callous conduct warrants
a state prison term.”
In
December 2007, a trustee called a plumbing
company to repair leaking steam pipes leading
from the basement boiler. The pipes were
covered with asbestos insulation, so the
plumbing company insisted that all asbestos
needed to be removed before the repair,
including asbestos insulated pipes that
were left on the basement floor from a prior
repair. The church solicited bids for the
asbestos removal, and Maple offered and
was hired to do the work, even though he
was not licensed to remove asbestos.
Maple
removed insulation from the pipes and boiler
with two assistants on Dec. 21, 2007. While
they wore plastic jump suits and respirators
to protect themselves and hung plastic in
doorways, they did not follow the requirements
of federal and state laws to prevent the
release of toxic asbestos dust and debris
Complaints
by a member of the congregation led to the
church hiring an air monitoring firm on
Feb. 1, 2008. The firm discovered elevated
levels of asbestos throughout the first
floor of the building, including the area
leased to the daycare center. The church
and daycare center were then shut down for
several days while the asbestos dust was
removed by a licensed asbestos abatement
contractor.
“This
defendant clearly understood the hazards
posed by the asbestos insulation, given
the steps he took to protect himself,”
said Director Gramiccioni. “Yet he
acted with a complete disregard for the
health of the congregation and the children
who used this church building.”
Detective
Steven Ogulin, Lieutenant Jeffrey Gross,
Detective Dawn Ryan and Deputy Attorneys
General Phillip Leahy and Betty Rodriguez
conducted and coordinated the investigation
for the Environmental Crimes Bureau. Deputy
Attorneys General Leahy and Rodriguez took
today’s guilty plea. The matter was
referred to the Environmental Crimes Bureau
by the New Jersey Department of Health and
Senior Services. The New Jersey Department
of Labor, New Jersey Department of Community
Affairs, Paterson Building Department and
Passaic County Sheriff’s Department
assisted in the investigation.
Judge
Clark scheduled Maple’s sentencing
for Oct. 31.
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