M id A tlantic Real Estate Journal — Owners, Developers & Managers — Environmental/Green Buildings — February 24 - March 9, 2017 — 11B E nvironmental /G reen B uildings
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By Chris Blosenski, RT Environmental Services, Inc. Asbestos scheme costs developer 20 months in prison
A
Washington D.C. Area Developer was s en t enc ed t o 20
presence altogether, to pre- vent additional costs or de- lays in the project timeline. It is important for people to understand that asbestos is a carcinogen, and Develop- ers, Contractors, and Build- ing Owners must adhere to strict federal, state, and local reporting requirements prior to demolition or renovation activities. Many people do not know that the National Emissions Standards for Hazardous Air Pollutants (NESHAP) requires that EPA be notified prior to reno- vation or demolition, even if
it does not contain asbestos. Regulatory Agency Inspec- tors can visit project sites and issue significant mon- etary penalties in the event that ACM surveys have not been completed, and espe- cially if known ACM is not being handled and disposed properly. When there are deliberate actions taken to deceive others and hide the presence of asbestos, crimi- nal penalties can be imposed, as detailed in the example above. Once a Developer or build- ing owner decides to demol-
ish or renovate a building, a Certified Asbestos Building Inspector is required to com- plete a survey of the building to determine if ACMs are pres- ent. If ACM is identified, the building inspector will identify the quantities of the ACM and in most cases where friable as- bestos is present, abatement of that asbestos is required prior to commencement of renova- tion/demolition activities. It is important to note that there are federal, state, and local regulations pertaining to asbestos. It is important to adhere to the specific require-
ments for the municipality and county in which the proj- ect is located. For example, Philadelphia and Allegheny County have stricter laws than outlying counties. Additional notifications and air monitor- ing may also be required for a project. For more information on addressing potential ACM in your next project, please contact RT Environmental Services, Inc. Chris Blosenski is a Project Manager with RT Environmental Services, Inc. n
months in prison after the Justice Department di scovered that the De- veloper was a v o i d i n g the removal of asbestos.
Chris Blosenski
The Developer was working on a historic building in the D.C. area, which was owned by the Department of Justice (DOJ). The developer bought the building from the DOJ in partnership with a real estate development firmwith the intention of renovating and converting the building into a condominium develop- ment. An asbestos containing material (ACM) survey was completed for the building, and the survey identified floor tiles, wallboard and pipe insulation containing asbes- tos. However, the Developer allowed a General Contractor (GC) with no asbestos experi- ence to demolish the interior and renovate the building. The DOJ indicated that the Developer told the GC that all of the asbestos would be abated by a separate com- pany. However, the company the developer stated was a nonexistent company that he made up himself, which resulted in the asbestos re- maining within the building during renovation activities. The Developer allowed the demolition and renovation activities to continue and failed to inform the waste disposal company he hired that the waste material con- tained asbestos. By allowing the GC to continue with the renovation and demolition of the building, the GC’s work- ers disturbed large quanti- ties of asbestos, exposing themselves to a substantial risk of serious illness later in life, which can include As- bestosis and Mesothelioma. Based on this information, the GC also pled guilty to one count of negligent endanger- ment under the Clean Air Act and is currently awaiting sentencing. When asbestos is identi- fied, Developers and Con- tractors often may try to cut corners by minimizing the is- sue, or sometimes hiding its
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