2 Toledo men indicted on federal charges for improperly disposing of insulation with asbestos

5/2/2013

Two Toledo men who federal prosecutors say illegally dumped asbestos-containing insulation around the city have been indicted on federal charges.

John Mayer, 52, and Timothy Bayes, 32, each were charged with violating the Clean Air Act and regulations involving the removal and disposal of asbestos-containing material, U.S. Attorney Steven Dettelbach said today.

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

According to the indictment, between September, 2010, and December, 2010, Mr. Mayer directed individuals to remove insulation from boilers, duct work, and pipes in a former manufacturing plant in Toledo so that he could sell the scrap metal from those items.

At Mr. Mayer’s direction, Mr. Bayes allegedly dumped some 82 garbage bags containing the insulation at various locations throughout Toledo. By law, such material must be disposed of at a licensed facility.

Asbestos-containing materials also must be wetted as they are removed; the city’s Division of Environmental Services must be notified, and a person trained in federal asbestos regulations must be on site. None of those things happened in this case, prosecutors say.

The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, the Ohio Bureau of Criminal Identification and Investigation, and the Ohio EPA.