Charleston, West Virginia - Charleston contractor Rodney Loftis Sr. has been sentenced to two years’ probation and payment of a fine to the state Department of Environmental Protection for illegally dumping asbestos-containing construction materials.

Rodney Loftis Sr. is the present of Rodney Loftis & Son Contracting Inc., a contracting company which in 2004 and 2006 was involved in illegal asbestos disposal. Loftis was sentenced in Kanawha Circuit Court on Monday June 2. The criminal complaint which was filed claimed that Loftis violated two cease and desist orders relating to the dumping of asbestos waste at a property he owned.

At the sentencing on Monday, Judge Irene Berger told Loftis that despite the seriousness of his actions incarceration was not an appropriate sentence.

Loftis could have received a sentence of up to four years in prison: instead he received two years’ worth of probation and a fine of $37,500 as recommended by assistant prosecutor Rob Schulenberg. In addition, Loftis has been ordered to perform one hundred hours of community service and to pay $40 per month to cover fees involved in his probation.

Dumping of asbestos-containing waste in any location other than a licensed landfill is illegal due to the hazards associated with asbestos exposure. Inhalation of asbestos fibers can cause lethal diseases such as asbestosis and mesothelioma.

Asbestos was a common component of construction materials up until the 1980s due to its high fire resistance and other desirable factors, but the demolition or renovation of older buildings means the asbestos they contain must be dealt with appropriately.

The grand jury indictment against Loftis said the Department of Environmental Protection asked Loftis to show proof that he had properly disposed of materials taken from demolition jobs his company had done. DEP inspections indicated that Loftis had dumped asbestos-containing materials from several demolition sites.

After the sentencing hearing was over, Loftis expressed regret for his actions and claimed it was due to a misunderstanding, saying “I’d like to apologize to the state and to anybody I’ve done any hurt to.”

Later, he said, “I hate that it came to this. It was all a misunderstanding or we would not be here today. I don’t want to go into detail, but it’s all going to be straightened up and it will all be over with.”

This entry was posted on Monday, June 30th, 2008 at 4:49 pm and is filed under Asbestos Exposure, Asbestos Litigation, West Virginia. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.