Utah businessman ordered to serve prison time, pay $40K restitution in Tooele asbestos case

Broadway Hotel photo by EPA

SALT LAKE CITY, Utah, Dec. 2, 2024 (Gephardt Daily) — A Utah man who pleaded guilty in September has been sentenced to pay a water truck operator $40,000 restitution after hiring the worker who helped with the destruction of the Broadway Hotel, in Tooele, which contained asbestos.

Besides the restitution, Daniel J. Brett, 68, of Murray, was sentenced to serve one year in jail and one year of supervised release.

“According to court documents and statements made at Brett’s change of plea and sentencing hearing, from Dec. 9, 2020 to Dec. 14, 2020, Brett negligently caused asbestos, a hazardous air pollutant, to be released into the ambient air by facilitating the demolition of the historic Broadway Hotel, unabated,” says a news release issued by United States Attorney’s Office, District of Utah.

“By not disclosing the presence of asbestos to a contracted third party demolition company, nor following the required process for an emergency demolition, as required by the Clean Air Act, the demolition took place without personal protective equipment.

“Additionally, the demolition company hired a worker to help with the demolition. The owner worked inside the excavator while his worker, the victim in this case, operated the water truck. In doing so, the worker stood outside of the water truck wetting debris with a hose as building material collapsed to the ground, with nothing to protect him but a dust mask.”

After demolition, “the asbestos containing debris pile remained at the site uncovered for 15 months,” the news release says.

“Ultimately, an emergency removal action was initiated and cost the Environmental Protection Agency approximately $1.1 million.”

Assistant United States Attorney Ruth Hackford-Peer of the U.S. Attorney’s Office for the District of Utah prosecuted the case. 

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