Utah Businessman Ordered to Pay $40,000 Restitution for Negligent Endangerment

Press Release

Broadway Hotel contained 3,330 tons of asbestos-containing debris after demolition

SALT LAKE CITY, Utah - Daniel J. Brett, 68, of Murray, Utah, was sentenced to pay a water truck operator $40,000 in restitution today after the worker helped with the destruction of the Broadway Hotel in Tooele, Utah, which contained asbestos.

The sentence, imposed by Senior U.S. District Court Judge David Sam, comes after Brett pleaded guilty in September 2024 to negligent endangerment, a misdemeanor offense. The United States argued for 12 months' imprisonment with one year of supervised release to follow and $40,000 in restitution.

According to court documents and statements made at Brett's change of plea and sentencing hearing, from December 9, 2020 to December 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. 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.

According to court documents, the presence of asbestos in the Broadway Hotel was known since 2011. After demolition, the asbestos containing debris pile remained at the site uncovered for fifteen months. Ultimately, an emergency removal action was initiated and cost the Environmental Protection Agency approximately $1.1 million. See former release here.

The U.S. Environmental Protection Agency investigated the case.

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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Updated December 2, 2024