Investigator Fined for Insufficient Asbestos Testing

DEP issued a violation notice to landlord's asbestos investigator based on insufficient sampling methods performed at an apartment scheduled for renovations. At a hearing, the DEP inspector stated that the reno work involved disturbing plaster in the walls and ceilings throughout the apartment. But the asbestos inspector had tested only three samples. Based on the apartment size, at least five samples were required under EPA standards. The ALJ ruled against the asbestos investigator and fined him $2,400. The investigator appealed and lost. He claimed that he took sufficient samples in light of the amount and area of the work to be performed. But forms filed with DEP indicated that the work was to be performed throughout the apartment, not in a limited area.

Gajer: ECB App. No. 1101410 (5/31/12) [4-pg. doc.]