Landlord Didn't Comply with Asbestos-Containment Rules

DEP issued violation notices to landlord and its asbestos abatement contractor for improperly removing asbestos-containing roof shingles and flashing. Landlord and the contractor argued that the roofing materials weren't friable asbestos-containing material and that the contractor was working under a Department of Labor variance. The ALJ dismissed the violations, finding that the work didn't qualify as an asbestos project and containment wasn't necessary. DEP appealed.
ECB ruled for DEP and fined landlord $15,600. While roofing and flashing materials generally weren't friable, this was only when they were removed intact. DEP's inspector found broken pieces of roofing material strewn about the roof and stairwell. This indicated that the methods used to remove the materials caused them to break apart and become friable. The inspector also observed dusty loose pieces of roofing material scattered about the roof and stairs. This also indicated that the roof tiles weren't removed intact. Also, if the work was done under a Department of Labor variance, this didn't bar applicability of asbestos-containment rules. And since the asbestos materials needed containment, any variance was no longer applicable.

Greenwich Triangle No. 1 LLC: ECB App. No. 46214 (5/29/08) [5-pg. doc.]