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ASBESTOS NEWS DAILY - ASBESTOS CONTRACTOR FINES
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Asbestos Contractor Fines


 
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Two men indicted for improper asbestos removal inMassachusetts

Charges in asbestos work

THURSDAY DECEMBER 17, 2009 - BY AMY DeMELIA SUN CHRONICLE STAFF

FALL RIVER - Two men accused of improperly removing asbestos from properties in Attleboro and North Attleboro have been indicted by a Bristol County grand jury on charges they violated the Clean Air Act.

Arthur Amaral, 49, of Middleboro, owner of Northeast Demolition and Removal, and Shaun Amaral, 37, of Norton, the company's site foreman, were indicted Thursday on charges they failed to file notices of asbestos demolition with the Massachusetts Department of Environmental Protection, failed to conduct proper asbestos removal and failed to comply with asbestos disposal regulations.

The defendants will be summonsed for arraignment in Bristol County Superior Court at a later date.

Authorities allege the defendants directed workers to demolish parts of the old Balfour building at21 East St. in North Attleboro, and buildings at888-896 North Main St. inAttleboro before asbestos had been removed.

It is alleged a consultant for the company conducted an asbestos survey of the buildings, as required, but the company did not properly remove the asbestos from the sites before it began demolition or renovation work.

Inspectors from the state Department of Environmental Protection inspected the properties in September 2007 and allegedly discovered evidence that floor tiles, piping and other debris from the demolition was covered in asbestos.

Inspectors also allegedly discovered 76 cardboard drums containing tiles and pipe insulation that tested positive for asbestos inside a storage facility in Middleboro.

The case was investigated by the Massachusetts Environmental Crimes Strike Force.

Assistant Attorney General Joe Eisenstadt is prosecuting the case.

Environmental analysts Joseph Leary and Andrew Cooney and attorney Daniel d'Hedouville from the DEP's southeast regional office investigated the case.

http://www.thesunchronicle.com/articles/2009/06/20/news/5163663.prt

 
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Asbestos removal could mean fines for school
By Frank Gerace -12.17.09 1150 AM radio

A DNREC official says Saint Peter's School in oldNew Castle is safe now, but church officials could face fines over an asbestos-removal project.

William McDaniel tells WDEL the school at first used uncertified volunteers to remove floor tiles containing asbestos from the building that houses the Catholic school's cafeteria and gym, but that's changed.

McDaniel says if church officials are found guilty of charges filed August 25th, fines could total about 2 thousand dollars, but now that the proper steps have been taken to remove and dispose of the asbestos, he'd be comfortable sending his kids to Saint Peter's.

http://www.wdel.com/story.php?id=736438276220

 
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Companies sentenced for illegal dumping

November 22, 2009 – WAFB.com

BATON ROUGE, LA (WAFB) - Two companies and a man were sentenced Tuesday after pleading guilty to disposing of solid waste in a wetland area.

Charlie Hampton, 55, Hamp's Enterprises, LLC and Hamp's Construction, LLC were fined a total of $40,000 and were ordered to clean up an illegal dumping site in New Orleans East.

During an operation to stop illegal dumping, agents with the Department of Environmental Quality's Criminal Investigation Division saw trucks operated byHampton and Hamp's Construction illegally dumping construction debris in a vacant lot alongAlmonaster Blvd. in New Orleans East.

“The Almonaster Corridor in New Orleans East has been a historic dumping site since before DEQ even existed,” said Harold Leggett, DEQ Secretary. “It will take continuing and vigilant efforts by DEQ, local and federal agencies to end illegal dumping and other illegal activities in this area.”

In April 2009,Hampton was arrested by DEQ agents for allegedly submitting documents that contained false inspection certifications.  The false certifications were related to Asbestos Notification of Demolitions and Renovation Forms for work in theNew Orleans area.  According to information gathered during the investigation, none of these mandatory inspections occurred.

Since the documents were submitted inBaton Rouge, this portion of the case was prosecuted by the East Baton Rouge District Attorney's Office.

Hamp's Enterprises, LLC plead guilty in the 19th Judicial District court inBaton Rouge to willfully and knowingly violating a filing requirement of the DEQ.

http://www.wafb.com/Global/story.asp?S=11523781

 
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OSHA fines contractor, workers not protected from asbestos

December 2, 2009 (NewYorkInjuryNews.com - Mesothelioma News,New York City)

Company allows workers to be exposed to asbestos

Legal news for New York Mesothelioma attorneys – OSHA accused contractor of putting workers at risk.

Buffalo, NY (NewYorkInjuryNews.com) – The Occupational Safety and Health Administration (OSHA) www.osha.gov is potentially fining a contracting company hundreds of thousands for failure to prepare their workers for the dangers of working with asbestos laden debris, as reported by The Buffalo News, on December 1, 2009.

The company, Cambria Contracting, withheld information from their workers at the AM&A’s warehouse where the debris contained asbestos, which is a hazardous fibrous dust particles known to cause Mesothelioma- a form of cancer. The company allegedly did not tell their workers about the presence of asbestos, or provide them with the proper safety masks and clothing needed to safely work with the hazardous materials.

The company faces $484,000 in fines from OSHA for the serious violations. OSHA officials reported that there were several workers at the warehouse, which is located onWashington Street, who were not properly trained to work in the potentially dangerous conditions.

OSHA also claimed that theLockport contractor had failed to determine the actual amounts of asbestos that the workers were exposed to while cleaning up debris, in addition to the lack of supervision or direction for handling asbestos at the site. The workers unknowingly removed asbestos-laden debris in such a way that could release it in the air, claimed OSHA authorities.

In order to remove asbestos safely, workers are required to use vacuums with HEPA filters. OSHA charged Cambria Contracting for 11 violations where the company reportedly blatantly disregarded the workers health and safety. OSHA’sNew York regional administrator stated that the company is an experienced asbestos removal company that is aware of the requirements and safety precautions that are necessary for the safety of their workers.

http://www.newyorkinjurynews.com/2009/12/02/osha-fines-contractor-workers-not-protected-from-asbestos_200912021654.html
 
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State settles Aldrich Chemical asbestos violations

Published: November 24, 2009 – Daily Reporter
\Two contractors have settled with the state over charges of violating asbestos removal rules when demolishing the old Aldrich Chemical building as part of the Marquette Interchange reconstruction.

RMT Inc., Madison, and Detroit-based Homrich Inc. will pay a combined $60,000 in penalties to settle charges filed by the Wisconsin Department of Justice. Each company will pay $30,000.

The Wisconsin Department of Transportation in 2002 bought the Aldrich Chemical building in downtownMilwaukee because the structure was in the footprint of the Marquette Interchange reconstruction project. WisDOT contracted with RMT to inspect the building and oversee its demolition. RMT hired Homrich to demolish the building. The demolition project took place between October 2005 and April 2006.

According to the state lawsuit, Wisconsin Department of Natural Resources inspectors visited the project several times and found various violations of asbestos remediation rules. The inspectors, according to the lawsuit, saw workers in the driveway outside of the building using heavy equipment to crush debris that contained asbestos.

DNR inspectors, according to the lawsuit, found areas of the building that had not been cleared of asbestos but had been approved for demolition. They also found asbestos-containing material mixed with other construction debris.

The state also charged Premium Abatement Contracting LLC,Brownstown,Mich., with violating state asbestos rules during the demolition project. But Premium Abatement has not yet reached a resolution with the state.

The state sued over the violations in Milwaukee County Circuit Court on Nov. 11 and settled the case Nov. 20.

http://dailyreporter.com/blog/2009/11/24/state-settles-aldrich-chemical-asbestos-violations/

 
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Perryville demolition company faces penalties over lack of asbestos inspection

Sunday, November 1, 2009

ByRudi Keller ~ Southeast Missourian

PERRYVILLE, Mo. -- A Perryville demolition company faces possible civil penalties following a Missouri Air Conservation Commission vote to seek legal action by Missouri Attorney General Chris Koster.

The commission sent the case to Koster during a meeting Thursday inJefferson City,Mo. The commission found Clifton Farms & Excavating Co. failed to obtain an asbestos inspection, provide notice of a demolition job and failed to respond to several attempts to settle the case. Bernard Clifton, owner of the company, said he believed the matter was being handled by the property owner and denied violating any environmental rule deliberately.

The case involves the final demolition of two homes at 902 and 905 N. Kingshighway in Perryville. The Department of Natural Resources investigated the work June 15 and discovered the lack of an asbestos inspection and demolition notice. Under environmental rules, when a single home is demolished, no asbestos inspection or demolition notice is needed. When the demolition involves two adjacent homes, the inspection requirement that also applies to almost all other types of buildings is triggered.

The department sought to settle the case for $4,000 on July 15, sending a registered letter.Clifton said he turned the letter over to Bank of Missouri, which owns the land and hired him to demolish the houses. He said he had no trouble obtaining a city demolition permit and thought at the time he did the work that all requirements had been met.

"It looks like the bank should clear this up because we were just hired by the bank to do it,"Clifton said. The homes had already been stripped of many pieces, including doors and windows, when he came in, he said.

The fine being sought by the department is more than he was paid for the work,Clifton said.

The asbestos rules are in place to protect the public, said department spokeswoman Renee Bungart. The amount of any potential fine is now up to the attorney general's office, she said.

©Copyright 2009seMissourian.com

http://www.semissourian.com/story/1583566.html

 
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EPA finesBoise company over asbestos violations

October 28, 2009 – www.kpax.com

BOISE,Idaho (AP) - Federal environmental regulators say they have fined aBoise contractor $36,000 for violating asbestos rules outlined in the federal Clean Air Act.

The Environmental Protection Agency announced the penalty Thursday against Precision Demolition and Abatement, an asbestos abatement and demolition contractor.

The sanction emerged after an October 2008 inspection of a renovation project inBoise.

EPA officials say violations included failing to inform when renovation work would take place, failing to keep asbestos wet and preventing asbestos from getting into the air outside the building.

Asbestos is a fiber used in building and construction materials in the 1960s for its ability to retard fires. But exposure to asbestos particles can lead to respiratory disease and lung cancer.

Associated Press - October 2, 2009 7:54 AM ET

http://www.kpax.com/Global/story.asp?S=11245580

 
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Former workers sayDenver Water dumped asbestos

KDVR Investigative Reporter

9:31 PM MDT, October 27, 2009

Former workers say Denver Water dumped asbestos

DENVER - Joseph Pacheco is taking a walk down memory lane to a place that still haunts him.

"I have to go to bed every night knowing what happened."

Pacheco is one of several former Denver Water employees who say they were told to illegally dump asbestos and other hazardous chemicals on a lot at 12th andSheridan 20 years ago.

He says the water company forced them to keep quiet about it.

"We were not able to speak about this to the public, to homeowners or to the news media," Pacheco told us.

But now, the workers are speaking out because they say they are sick from the contamination and they fear others will be exposed to the hazardous waste when crews start digging up the land for the west corridor RTD Fast Tracks line and a new light rail station.

"Everybody's been exposed to cement asbestos, radiation asphalt. There's paint, thinners," says Pacheco.

"It's outrageous that our own water company was involved in dumping in clandestine dump sites, says Environmental Investigator Adrienne Anderson.

Anderson and her group CO WATCH has been looking into the history of the site and says the contamination could pose a threat to RTD workers and the public.

"We don't mean to be throwing rocks on the tracks, but this area should not be developed."

Anderson says Denver Water should be responsible for the clean up of the site.

A spokesperson for Denver Water sent us a statement which says in part, "Denver Water, along with many others, may in the past have disposed of solid waste in accordance with regulations current at the time. However, Denver Water did not own or operate or have any responsibility for the landfill."

"The Colorado Department of Public Health & Environment (CDPHE) regulates asbestos. Although handling procedures and disposal methods have changed over time, Denver Water has always followed all applicable regulations regarding asbestos."

More former Denver Water workers plan to come forward with additional stories of illegal dumping at Denver Water's board meeting at 7:30 a.m., Wednesday, October 28th. Commissioners will be holding a public meeting about a significant rate increase.

A spokesperson for RTD says it didn't make the mess, but ultimately it will be RTD's responsibility to clean it up using money allocated for FasTracks. The FasTracks project is funded by the taxpayers.

http://www.kdvr.com/news/kdvr-denver-water-asbestos-102709,0,3312520.story

 
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Improper asbestos removal means penalties for owner

M'town site houses social program

By

Times Herald-Record

Posted: October 26, 2009 - 2:00 AM

MIDDLETOWN — Officials will impose penalties on the owner of a building where asbestos was being removed in violation of state regulations, a Labor Department spokeswoman said Friday.

The building in question is the former Classy Leather Goods warehouse at9-29 Canal St.

On Oct. 14, a city building inspector checked out a tip that workers were about to leave the premises in a van to dump bags of asbestos-containing materials. The inspector shut down the operation on the spot.

"They've sealed up the whole area in there," said Jacob Tawil,Middletown's public works commissioner. "They're not allowed to do anything in there."

The next day, an inspector from the state Labor Department's Asbestos Control Bureau came to check the site.

West Solloway, who owns warehouse tenant Fort Knox Self Storage, has Labor Department documentation that materials containing asbestos were found in the building as recently as June.

"The place is full of it, everywhere," said Solloway. "These guys are busting it up with sledge hammers, busting it off the pipes, no masks or anything."

Solloway said he complained repeatedly to the city and state about improper asbestos removal in the building. The warehouse is also home to a program run by the Family Empowerment Council, which provides services to people with disabilities.

Labor Department spokeswoman Karen Williamson said the property owner will be cited for failing to use a contractor certified in asbestos removal; for using workers not certified to perform asbestos removal; and for doing the job improperly.

The owner listed on property records is Elgin Realty; the city has been working withRocklandCounty developer Joe Klein, who is listed onRocklandCounty records as president of the realty company, on proposals to redevelop the property. "Penalties will be assessed," Williamson said. The penalty amount will be determined by Labor Department lawyers.

Klein, who did not return a call for comment, is also working on a development proposal at the formerMiddletownPsychiatricCenter.

Under state law, asbestos removal may be done only by state-certified contractors, using certified workers, proper procedures and proper safety equipment. Contractors are required to give the state 10 days' notice of asbestos work, and must have a valid permit from the Labor Department.

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20091026/NEWS/910260316

 
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State cites UW for asbestos

Public could have been exposed, DEQ says

By MEAD GRUVER - Associated Press writer | Posted: Thursday, October 22, 2009 12:00 am |

CHEYENNE -- Demolition work at theUniversity ofWyoming scattered a material containing asbestos and might have exposed the public to the carcinogen, state officials said.

The project at the Bureau of Mines Building on the main campus in Laramie caused suspect materials to be "scattered all over the outside of the building where the public could be exposed," according to the violation notice issued Sept. 28 by the Wyoming Department of Environmental Quality.

The notice states the university failed to conduct an asbestos inspection, provide notification and remove a regulated asbestos-containing material before demolition.

The university also failed to use trained personnel to remove the material and didn't adequately wet it down or place it in leak-tight containers ahead of disposal, the notice states.

University spokeswoman Jessica Lowell declined to comment. The university's public affairs office is located in the Bureau of Mines Building in the northwest corner of campus.

It was unclear if any areas had been closed off because of the incident, whether cleanup had been completed, or if anyone on campus was exposed to asbestos.

Asbestos commonly was used as insulation in older buildings. Inhaling airborne asbestos fibers is believed to be a cause of lung cancer and a rare type of cancer called mesothelioma.

The university reported the incident to the environmental department on June 23.

David Finley, administrator of the department's Air Quality Division, called the incident a serious matter in a Sept. 28 letter to the university's facilities engineering manager, Frank Burrows.

"I am considering recommending that the department refer this violation to the state Attorney General's Office requesting that a suit be filed in District Court to recover appropriate penalties," the letter said.

The Department of Environmental Quality inspected the site June 24, and the university told the department it would have the material cleaned up by June 26, department spokesman Keith Guille said.

Normal procedures don't call for the department to verify whether cleanup has occurred, he said.

"We weren't on site to oversee the cleanup," Guille said. "What they were required to do was give us notification that they'll be doing cleanup of the suspected materials."

Guille said department and university officials plan to meet to discuss the incident.

http://www.trib.com/news/state-and-regional/article_26534fdc-5fab-5fbd-857f-f1fb91f3ed85.html

 
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Central Valley man accused of issuing sham asbestos certificates

SAN FRANCISCO

October 22, 2009 8:58am

•  Students allegedly licensed to remove asbestos without proper training

•  Indictment says he gave the answers to required tests to his students

Rogelio Lowe, 43, ofThornton, is accused of a scheme to defraud by issuing certificates to asbestos removal workers despite knowing that he had not provided them with the proper training, and charging their employers the full price of the training, the U.S. Attorney’s Office inSan Francisco says Thursday.

Federal law prohibits anyone from removing asbestos from schools and public and commercial buildings unless that person has been trained under a program either approved by the Environmental Protection Agency or an accredited state program. Asbestos is classified as a hazardous substance and known carcinogen.

To become a certified asbestos worker, an individual must, at a minimum, complete a four-day, eight hours per day, training course. The training course must include lectures, demonstrations, at least 14 hours of hands on training and individual respirator fit testing. The student must then pass a closed-book examination. Once a person receives a certificate, he or she must then take an annual refresher course.

Mr. Lowe was the owner and operator of E&D Environmental Safety Training Inc., a safety consulting company that, according to its Web site, provides occupational training in asbestos work, lead abatement and mold remediation.

According to the indictment, Mr. Lowe provided asbestos removal courses that did not comply with federal law. The government says he did not teach the course for the required number of hours – including holding classes that were no more than 25 minutes in length – provided answers to the closed-book examinations, and forged tests for students that did not attend a test day. Mr. Lowe would then issue certificates to students and charge their employers accordingly, the grand jury claims.

The indictment also says he submitted class rosters to the California Division of Occupational Safety and Health, (Cal/OSHA) reflecting that the students had successfully completed the training and passed the closed-book examination when he knew they had not.

Cal/OSHA used and relied on these rosters to add the names of students to its state list of qualified asbestos workers. According to the indictment, Mr. Lowe issued certificates for both initial asbestos training and annual refresher courses without providing the required training in violation of law.

http://www.centralvalleybusinesstimes.com/stories/001/?ID=13405

 
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2Arizona charter school companies fined $20,000 by EPA

Reported by: Steve Irvin
Last Update: 9/08 9:30 pm

 

 

PHOENIX -- Officials say twoArizona charter school operators have been fined more than $20,000 for violating federal asbestos regulations.

TheU.S.Environmental Protection Agency fined Pointe Educational Services and The Charter Foundation $22,030 for violations stemming from inspections in April of 2007, according to an EPA news release.

EPA inspectors discovered sevenArizona schools operated by the two groups had not been inspected for asbestos and the schools didn't have an asbestos management plan.

Asbestos became a popular construction material in the late 19th century for its resistant to heat and water. The material fibers have been found to be dangerous when inhaled, causing the malignant lung cancer, mesothelioma, according to the EPA.

"Asbestos can potentially endanger the health of students, teachers, and employees at schools," said Katherine Taylor, associate director for the Communities and Ecosystems Division in EPA's Pacific Southwest region.

In theArizona case, inspectors found asbestos at just one of the sevenArizona schools:NorthPointePreparatoryAcademy at10215 N. 43rd Ave., inPhoenix.

Six other schools were inspected, but found not to have evidence of asbestos.

Federal law requires local schools which are subject to the Asbestos Hazard Emergency Response Act (AHERA) to have an accredited inspector look at the facility and develop an asbestos management plan.

 

The EPA found the schools and their operators failed to comply with the law.

Each school has since developed a management plan.

http://www.abc15.com/content/news/westvalley/glendale/story/2-Arizona-charter-school-companies-fined-20-000/-kEuhySkIkiim4hONKKOGg.cspx

 
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2 brothers convicted for illegal asbestos business

10/30/09 1:53 pm - www.9wsyr.com

 

Syracuse (WSYR-TV) – Two Utica brothers were convicted Friday of environmental violations and fraud relating to their illegal asbestos removal business. The convictions follow a nine day trial inSyracuse federal court.

46-year old Paul Mancuso and 38-year old Steven join their 71-year old father Lester who pleaded guilty before the trial. A third brother, Ronald, also pleaded guilty in Federal District Court on October 2 to being involved in the illegal dumping of asbestos in open fields in Poland, NY. The family is fromUtica.

Paul was previously convicted of illegal asbestos removal and disposal in 2003, and convicted of insurance fraud related to his business in 2004. As a result, the U.S. Department of Justice says Paul was banned from doing any asbestos abatement work.

The DOJ says Paul set up companies in the names of relatives with the help of his brother Steven, who is a lawyer. Steven prepared fraudulent documents in an effort to make the asbestos activities appear legal.

Paul, Ronald, and their workers dumped asbestos in fields of unsuspecting property owners. The DOJ also says Paul also had “enforcers” beat up a former employee who threatened to report him to the Environmental Protection Agency.

Paul Mancuso now faces a maximum possible penalty of 55 years in jail and a fine of $2,750,000. Steve and Lester Mancuso face a maximum possible penalty of 5 years in jail, and a fine of $250,000.  Ronald Mancuso faces a maximum possible penalty of 3 years in jail, and a fine of $250,000.

http://www.9wsyr.com/news/local/story/2-brothers-convicted-for-illegal-asbestos-business/-Nr_PzeRmUSuC7FHSS_s6g.cspx

 
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Contractor Faces $50K in Fines for Lack of Asbestos Safeguards

  • Oct 06, 2009 - ohsonline.com

OSHA has cited Superior General Contracting ofCheektowaga,N.Y., for 10 alleged serious violations of workplace health standards at a jobsite inAmherst,N.Y. The contractor faces a total of $50,000 in fines for not providing all required safeguards for its employees who the agency says were exposed to asbestos-containing pipe insulation during a residential remodeling job.

Specifically, OSHA found that the company did not monitor to determine asbestos exposure levels, use wet methods to clean up debris, provide HEPA vacuum cleaners to collect debris and dust, ensure the prompt cleanup and disposal of debris in leak-tight containers, ensure appropriate respirator use, require the use of protective clothing, perform all work in a regulated area, provide employees with appropriate training, and ensure that the work was overseen by a competent person with the knowledge and authority to identify and abate hazards.

"This employer should have taken steps to identify and measure the level of asbestos, provide workers with proper respirators and protective clothing, and properly clean up and dispose of asbestos-containing and potentially asbestos-containing debris," said Arthur Dube, OSHA's area director in Buffalo, N.Y. "Inhalation of asbestos fibers may lead to serious lung disease and other disorders, which makes it essential that effective protective measures be in place and in use whenever workers are exposed to asbestos on the job."

The company has 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with the OSHA area director, or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Buffalo Area Office. Detailed information on asbestos is available on OSHA's Web site at:www.osha.gov/SLTC/asbestos/index.html andwww.osha.gov/SLTC/asbestos/construction.html.

http://ohsonline.com/articles/2009/10/06/contractor-fined-for-asbestos.aspx

 
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Agencies probe possible asbestos release during remodeling

KAHRIN DEINES Of The Gazette Staff | Posted: Thursday, August 6, 2009 5:05 pm |

LARRY MAYER\Gazette Staff
Taper Gary Saksa works on the formerRedLodgeHigh School on Thursday. The building is being remodeled to serve as a combined elementary and middle school, and work has just resumed in part of the building after asbestos tiles were removed.

Multiple agencies are investigating whether Red Lodge school officials mishandled asbestos during the remodel of the building, potentially exposing workers to the hazardous toxin.

A contractor on the remodel project filed the complaint with the state's Asbestos Control Program on July 16, after floor tiling with asbestos was discovered in two work areas at the school.

Mark Brajcich, superintendent of Red Lodge Public Schools, said the school completes an asbestos inventory every three years, but did not realize the tile was beneath the carpet in one of the rooms. In the second room, which is getting new walls, workers began tearing up the carpeting instead of building the walls on top of it, Brajcich said. In the process, asbestos fibers, which are a known carcinogen, may have been released.

"In retrospect, it shouldn't have happened, but once it occurred we took the necessary steps to clear the air and comply with the regulations," Brajcich said.

Many older schools contain some asbestos, which was once commonly used for insulation, fire-proofing, roofing and flooring. In general, it is not considered dangerous unless it is disturbed.

The Montana Department of Environmental Quality, which runs the Asbestos Control Program, is investigating the incident. Investigator John Podolinsky said he is still trying to determine if any regulations were violated.

"This is an interesting complaint where there are four different regulatory agencies involved," Podolinsky said.

A dense thicket of rules and agencies govern the handling of asbestos, which means this case falls under the jurisdic-tion of the state's DEQ and Department of Labor and Industry, the Environmental Protection Agency and the Occupa-tional Safety and Health Administration.

Ross Yeager, director of OSHA forMontana, confirmed the agency began an investigation, which may take a month or more, on July 29.

"This kind typically takes just a little longer because you have to track down people that are no longer on site," Yeager said.

The Labor Department also has launched an investigation, and the EPA said it is looking into the incident, but that a formal investigation has not been initiated.

While OSHA and the Labor Department are examining whether workers were exposed to the dangerous toxin, the state DEQ must decide whether school officials or Hardy Construction, the lead contractor for the remodel, violated national emissions standards for hazardous air pollutants. If the tile was crumbled or chipped when it was allegedly pulled up with the carpet, asbestos fibers may have become airborne.

"The trick with flooring is if it's removed in a fashion that doesn't break it up - doesn't make it friable - then our regulations don't apply," Podolinsky said.

The state DEQ enforces the emissions standards for the EPA, and it is charged with enforcingMontana's Asbestos Control Act.

The EPA, meanwhile, must look at whether the school violated the Asbestos Hazardous Emergency Response Act, a federal law requiring schools to complete regular asbestos inspections and develop management plans.

Information about asbestos inspections also is supposed to be provided to contractors and anyone else who might be on site in advance of any work being done.

After the complaint was filed, school officials and Hardy Construction brought in Safetech, Inc. to provide asbestos abatement in the two areas, and Tetra Tech, Inc. was hired to test air conditions. Brajcich said the tests indicated that air quality in the areas more than met legal standards.

"The school will open on time and there was testing immediately done when there was just a shadow of a doubt and there was never was any danger, otherwise we would have removed our workers," said Andy Wick, project manager for Hardy Construction.

The old high school is being renovated to serve as a combined elementary and middle school after the new Red Lodge high school opened this spring.

http://billingsgazette.com/news/state-and-regional/montana/article_a4abc6de-82de-11de-a5d0-001cc4c03286.html

 
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Connecticut’s "Donnie the Dumper" Sentenced to Two Years in Prison

Content Last Modified on 8/4/2009 4:43:46 PM


A
West Haven man known as "Donnie the Dumper" was sentenced today to serve two years in prison for illegal disposal of waste and other criminal violations.

DONALD CHAIRAMONTE, age 49, of156 Freshmeadow Road,West Haven, pled guilty in June to various charges of Illegal Dumping of Solid Waste, Illegal Burning of Solid Waste and Placing Another in Imminent Danger, and one count of Witness Tampering.

Mr. Chairamonte was sentenced today in Middletown Superior Court by the Honorable Judge Patrick Clifford to five years incarceration, execution suspended after 20 months served, and three years of probation.

In accordance with terms of his plea agreement, Mr. Chairamonte paid $10,000 that will be available for restitution to victims of his illegal dumping. He is prohibited from engaging in any waste hauling or disposal activities during the term of probation.
Mr. Chairamonte is the owner of Capital Trucking and was known throughout various
Connecticut communities as "Donnie the Dumper."

He was accused of illegally disposing of materials from attics and basements he cleaned as well as debris from construction sites, allegedly dumping loads after dark on private property and at small businesses and municipally owned sites.

On several occasions, Mr. Chairamonte allegedly hauled debris toFreshmeadow Road inWest Haven where he dumped it and openly burned it, using homemade "kerosene bombs" to ignite the debris.

The case was investigated by the Environmental Crimes Unit of the Statewide Prosecution Bureau in the Chief State's Attorney's Office with the assistance of the state Department of Environmental Protection, Connecticut State Police and several local law enforcement agencies, including the West Haven, Waterbury and Westbrook police departments.

http://www.ct.gov/Csao/cwp/view.asp?a=1801&q=444460

 
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Council fined over asbestos case

Thursday, 9 July 2009 - news.bbc.co.uk

Fife Council has been fined £10,000 after 12 flats had to be evacuated when contractors disturbed brown asbestos while replacing water tanks.

Contractors moved the brown asbestos at a block of flats inFraser Avenue, Inverkeithing, in November 2007.

AtDunfermline Sheriff Court, builder ECG Building Maintenance, was fined £3,700.

Both fines were discounted for earlier guilty pleas by both Fife Council and ECG Building Maintenance.

Sheriff Ian Dunbar said "the major share of responsibility" fell with the council because it had details of different parts of the block on two records.

Builders were unaware he said of the asbestos as flat details were on a computer system while attic records were on written logs.

 

In view of the council's previous experience of managing asbestos, this was a very disappointing incident

Alastair Brown
Health and Safety Executive

Sheriff Dunbar said: "It seems to me from all that was said that the major share of responsibility for this unfortunate incident must lie with Fife Council.

"At the time there were two separate registers kept of properties where there may have been asbestos.

"There was a computerised record for domestic properties and a written record for non-domestic properties and common areas.

"Therefore while individual flats in the block may have appeared on a computerised record, the attic area being common would appear only in a written record.

"The council simply did not alert ECG to the fact that there may have been asbestos in any of these blocks of flats."

Investigations at the scene

Many items including clothes and furnishings were destroyed

Alastair Brown, Health and Safety Executive inspector, said: "Fife Council failed to keep an understandable register of asbestos and failed to ensure that a full survey for asbestos was carried out prior to any work starting, so the information available was not sufficient to alert persons to the immediate danger from the asbestos prior to the work beginning.

"In view of the council's previous experience of managing asbestos, this was a very disappointing incident.

"The effects of exposure to asbestos fibres can take as long as 20 to 30 years to manifest themselves, and over 4,000 people are dying every year inGreat Britain due to the unrecognised exposure to asbestos earlier in their working lives."

Legislation came into force in May 2004 which requires the organisation in control of any non domestic premises, or the common parts on domestic premises, to identify and assess asbestos in those premises.

Head of Housing and Neighbourhoods Derek Muir said: "Lessons have been learnt as a result of what happened inFraser Avenue. We have fully reviewed our policies and procedures in order to prevent a repetition of it. "

Brian Goodall chairman of Fife Council's housing and communities committee said: "This was a very serious and traumatic incident for the tenants concerned who had and who still have our full sympathy for what happened to them."

Derek Muir, Fife Council head of housing and neighbourhoods, said: "Lessons have been learnt as a result of what happened inFraser Avenue.

"We have fully reviewed our policies and procedures in order to prevent a repetition of it.

"All the tenants involved have since either been re-housed or returned toFraser Avenue.

"They have also all been fully compensated for their material losses although we accept nothing can compensate properly for the upset and disturbance they went through."

 


http://news.bbc.co.uk/2/hi/uk_news/scotland/edinburgh_and_east/8142723.stm

 
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OHIO WRECKING COMPANY FINED FOR DUST CONTROL

Published on March 24, 2009, Article 1 of 1 found.
Document ID: 12727F8D4872AC88

AStarkCounty company has been fined $16,294 for violations from its stone-crushing operation inEast Akron.

Eslich Wrecking Co. of Louisville was found guilty of three violations at the former General Tire complex and was acquitted on other charges by Summit County Common Pleas Judge Elinore Marsh Stormer.
In addition, owner Richard M. Eslich was cleared of knowingly violating state law on air emissions in the judgment entry filed this month.

The company was found guilty of(Akron Beacon Journal (OH), 321 words.)

http://nl.newsbank.com/nl-search/we/Archives?p_product=AK&p_theme=ak&p_action=search&p_maxdocs=200&s_dispstring=%22Wrecking+company+fined+for+dust+control%22%20AND%20date(all)&p_field_advanced-0=&p_text_advanced-0=(%22Wrecking+company+fined+for+dust+control%22)&xcal_numdocs=20&p_perpage=10&p_sort=YMD_date:D&xcal_useweights=no
 
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Union Pacific to pay $228,202 for mishandling asbestos

Written on Feb-24-09 12:53pm2009-02-24T12:53:00 - Not yet published to a wikizine

From:  news4mesothelioma.blogspot.com

Officials with the U.S. Environmental Protection Agency and the Utah Division of Air Quality have determined that Union Pacific Railroad violated National Emission Standards for Hazardous Air Pollutants when the company removed more than a dozen metal signal sheds in 2005 and had them shredded. In a shed that did not get shredded with the others, investigators found 123 square feet of asbestos.

The company has changed its policy on the demolition of signal sheds and has agreed to pay a $200,000 penalty and investigation costs of $28,202. The settlement must be approved by a federal district judge.

Mishandling asbestos during demolition projects can result in asbestos exposure to people working or living nearby. Asbestos exposure causes a number of serious illnesses, including malignant mesothelioma and lung cancer.

For the full story, go to the Salt Lake Tribune

http://www.zimbio.com/member/isaaclong/articles/5101551/Union+Pacific+pay+228+202+mishandling+asbestos

 
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Grand jury indictsAurora developer

By Sara Burnett, Rocky Mountain

Published December 23, 2008 at 12:05 a.m.

AnAurora developer was indicted on charges of having untrained workers remove asbestos from properties he was renovating, then attempting to get one of the employees to lie to a statewide grand jury.

Richard Oliver, 61, is charged with two counts of causing or contributing to a hazardous waste incident, knowing endangerment and bribery of a witness.

Colorado Attorney General John Suthers said Monday that Oliver got a bid from a contractor certified in asbestos removal but told the contractor he could "hire a bunch of Mexicans" to do the work more cheaply.

The people Oliver eventually hired to remove the asbestos were not properly trained or made aware of the dangers, Suthers' office alleged.

No court date has been set for Oliver, who could not be reached for comment Monday.

http://www.rockymountainnews.com/news/2008/dec/23/grand-jury-indicts-aurora-developer/

 
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NY Developer Cited for Willful Lack of Asbestos Monitoring

  • Dec 06, 2008 -ohsonline.com

OSHA has cited State Assets LLC, a Brooklyn, N.Y., building developer, for 18 alleged willful and serious violations of health and safety standards at a building rehabilitation site inNew Haven,Conn. The company faces a total of $48,100 in proposed fines following an OSHA inspection that began June 11 in response to employee complaints.

The citations address a variety of hazards involving the removal of insulation and floor tiles containing asbestos, chemical hazard communication, flammable chemicals, fire protection, electrical safety, and lack of personal protective equipment for employees.

"Employees who were removing asbestos-containing materials at this site lacked basic safeguards that must be in place before performing such work," said Robert Kowalski, OSHA's area director in Bridgeport, Conn. "In addition, they were exposed to serious and potentially fatal fire, electrocution, and chemical hazards."

OSHA's inspection found that State Assets did not monitor the worksite to determine the levels of asbestos to which the employees were exposed, did not establish and mark regulated asbestos removal areas, and did not provide employees with required respirators, eye protection, and protective clothing.

In addition, there were several electrical related hazards including exposed live electrical parts and ungrounded, damaged, or misused electrical cords; no hazard communication training; unlabeled containers of hazardous chemicals; missing material safety data sheets; no fire protection program on the site and failure to replace a discharged and damaged fire extinguisher; containers of flammable chemicals not protected from damage; improper storage of compressed gas cylinders; no eye protection for an employee using a cutting torch; lack of protective gloves; and protruding nails from scrap lumber.

As a result of these conditions, OSHA issued the company one willful citation for the lack of asbestos monitoring and 17 serious citations for the other conditions. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

Detailed information on asbestos hazards and protective measures is available on OSHA's Web site atwww.osha.gov/SLTC/asbestos/index.html. State Assets has 15 business days from receipt of its citations and penalties to meet with OSHA or to contest them to the independent Occupational Safety and Health Review Commission.

http://ohsonline.com/Articles/2008/12/6-NY-Developer-Cited-for-Willful-Lack-of-Asbestos-Monitoring.aspx

 
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