Latest Legal News from the Criminal Courts in Houston, Texas

JANUARY 30, 2007

BUSINESSMAN SENTENCED TO 15 MONTHS IN PRISON FOLLOWING CONVICTION IN ASBESTOS DISPOSAL CASE

A local man who was convicted in August 2006 for failing to comply with Environmental Protection Administration (EPA) regulations and mail fraud, was sentenced yesterday in federal court in Dallas, announced U.S. Attorney Richard B. Roper of the Northern District of Texas. Palmer, Texas, resident, Melvin Eugene Riecke II was sentenced by U.S. Chief District Judge A. Joe Fish to 15 months in prison. Judge Fish ordered that Riecke, 53, surrender to the Bureau of Prisons on February 20, 2007.

Riecke is the General Manager of National Converting and Fulfillment Company, based in Ellis County, Texas, and which used to have a facility at 5000 Riser Street/2401 Vinson Street in Dallas where it recycled roofing shingles.

In a case arising from allegations of wrongful handling of asbestos-containing floor tile, Melvin Eugene Riecke II was convicted on two counts of failing to comply with federal work practice standards regulating demolition of a building containing asbestos and disposing of the resulting waste, one count of false statements to the Texas Department of Health, Toxic Waste Control Division, and one count of mail fraud.

The case stems from an investigation in 2002 by the City of Dallas into illegal dumping. Dallas Code Inspectors discovered a three and one-half acre tract in an industrial area of West Dallas where illegal waste had been dumped. Further investigation revealed that the waste included hazardous asbestos-containing floor tiles and floor tile mastic that had been removed from an old Payless Cashways lumber and hardware store building that had been located on Beltline Road in Addison, Texas.

Evidence presented at trial showed that Riecke contracted with the building’s owner, Beltway Commercial Real Estate, to demolish the structure, which a pre-demolition survey showed contained the asbestos. The contract required that he fully comply with all regulations regarding asbestos removal. However, from November 6 through December 10, 2001, Riecke and his crew removed the floor tile from the site without making any effort to comply with federal work practice standards for handling asbestos that had been established under the Clean Air Act.

When the asbestos containing material was stripped and removed from the site, Riecke failed to comply with these standards, including the requirement that he have on site at least one employee who was trained in the proper removal of asbestos. Riecke also failed to prevent the discharge of visible emissions into the outside air during the stripping, collection, processing, packaging and transporting of the asbestos; failed to deposit all the asbestos as soon as practical at a proper waste disposal site; and failed to properly mark vehicles used to transport the asbestos-containing waste.

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