Landlord and Contractor Fined for Improper Asbestos Removal

DEP issued a violation notice to landlord and its contractor for violations of the NYC Asbestos Control Program Regulations. The contractor was removing asbestos-containing roof shingles and flashing. The contractor said that the roofing material wasn't "friable," and therefore it wasn't subject to the city's asbestos project regulations. Under the regulations, "friable" asbestos material was asbestos that could be crumbled or reduced to a powder when handled. The ALJ ruled for landlord and the contractor and dismissed the violations. DEP appealed, claiming that loose pieces of roofing materials removed by the contractor were friable. DEP's inspector had testified that he saw dusty loose pieces of roofing material scattered about the roof and stairways. ECB ruled for DEP. Landlord and the contractor were fined $15,600.

Reliable Environmental LLC: ECB App. No. 46212 (5/29/08) [5-pg. doc.]