Florida Men Indicted for Asbestos Violations

WASHINGTON – Four Florida men have been charged in an 11-count indictment for conspiracy, violations of the Clean Air Act, and making false statements for their roles in a scheme to improperly remove and dispose of asbestos from multiple condominiums in Florida, according to the Department of Justice.

John Loder, 43, of Redington Beach, FL.; Stephen J. Spencer, 48, of Clearwater, FL.; Guy Gannaway, 53, of Safety Harbor, FL.; and Keith McConnell, 54, of Largo, FL., are the four men charged in the indictment.

John Loder and Stephen J. Spencer were members of a unit known as Sun Vista Development Group LLC, which was established to perform the day-to-day operations and administrative work associated with the purchase, renovation and resale of large-scale condominium developments, the indictment says. Barefoot Beach Resort, in Indian Shores, FL., and Shore Club Pasadena, in Pasadena, FL were two of these developments. Guy Gannaway owned a construction company named ‘Gannaway Builders Inc.’, which was hired as the general contractor for both Barefoot Beach Resort and Shore Club Pasadena. Keith McConnell was a managerial employee of Gannaway Builders Inc. According to the indictment, units at these developments had ceilings coated with a “popcorn-texture”, which contained above 1 percent asbestos

According to the Justice Department, the defendants the defendants discussed the asbestos at Barefoot Beach Resort and discarded at least one bid for total removal of the asbestos-containing ceiling material from Barefoot Beach Resort in 2004-2005. Instead, the defendants decided to cover the existing ceilings with a new layer of drywall using Gannaway Builders employees and subcontractors. The indictment states work practice standards for asbestos, which was developed as part of the National Emission Standards for Hazardous Air Pollutants, were not followed during the renovation performed at Barefoot Beach Resort between November 15, 2004, and September 15, 2005.

Another allegation is that the asbestos-containing popcorn ceiling material was completely removed following a roof leak on or about June 24, 2005, but the defendants failed to follow the asbestos work practice standards.

In 2005-2006, the defendants directed renovation job at Shore Club Pasadena without removing the asbestos-containing ceiling material prior to the activity that could disturb the cancer-causing substance, according to the indictment.

If proved guilty, the defendants could be sentenced for five years in prison and fined up to $250,000.

Criminal Investigation Division of the Environmental Protection Agency (EPA) investigated the case with support from the Florida Department of Law Enforcement.

The maximum penalty for each count of the indictment includes five years in prison and a $250,000 fine.

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