Tennessee Man Pleads Guilty Following Clean Air Act Violations

October 13, 2009

Chattanooga businessman Gary Fillers pleaded guilty in federal court last week on charges that he conspired to violate the federal Clean Air Act. Fillers will likely be fined up to $250,000, and may face a prison sentence of up to five years. Fillers will also have to make restitution to the government. The case was overseen by Magistrate Court Judge Bill Carter.

According to court officials, on June 6, 2003, Fillers and several others did not properly dispose of asbestos at the old Standard Coosa Thatcher plant. Fillers “substantially underestimated the amount of the asbestos” when he filed the project with the local Air Pollution Control Bureau.

“Exposure to asbestos can cause cancer and other serious respiratory diseases, “said Maureen O’Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Atlanta. “Those who put the public health at risk will be vigorously prosecuted.”

Asbestos exposure has been linked to the development of mesothelioma, a rare form of cancer. Palliative treatment methods available include chemo, but there is no known cure. The disease can manifest up to 5 decades after a person was first exposed to asbestos fibers.

"Work practice standards under the Clean Air Act [drafted by the federal government with the help of the Environmental Protection Agency] are designed to protect workers from the harmful effects of asbestos,” said John C. Cruden, acting assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “Conspiring to violate these work practice standards will not be tolerated and those who do can expect to be prosecuted.”