Caledonia Argus

County ordered to pay fine for asbestos violations

Posted: 11/11/03

By Shannon McKinney
Argus News Reporter

Houston County will have to pay $3,750 to the MPCA (Minnesota Pollution Control Agency) for tearing down a house without first removing the asbestos siding.

Houston County Personnel Director Tim Comstock appeared before board members Tuesday, November 4 along with Houston County Highway Engineer Allen Henke, Maintenance Foreman Tom Molling and Zoning and Solid Waste Officer Rick Frank to educate the board on the proper removal of asbestos prior to demolition. Education of county officials fulfills part of the penalty ordered by the MPCA.

The county was originally charged with paying two fines of $3,750 each, with one being unforgivable and the second being forgivable if certain requirements are fulfilled such as educating Minnesotaís 86 other county highway and solid waste departments about their mistake.

On May 30, 2003 the MPCA was made aware of demolition of a house, owned by the county, located across the street from the Houston County courthouse. After an on-site visit by the MPCA, the county was penalized for four violations, which include:

ï not having the house thoroughly inspected for the presence of asbestos prior to demolition,

ï failing to provide the MPCA with notification of intent to perform a demolition prior to commencement of the demolition,

ï failing to insure that asbestos was removed prior to the demolition, and

ï failing to have a water source on site for dust control to ensure that all RACM (Regulated Asbestos Containing Material) was kept adequately wet until collected and contained for disposal.

Regarding the third violation, the MPCA staff observed dry RACM transite siding pieces scattered on the ground over a 54x70 foot lot.

Comstock reported to board members that the county has never been involved in a demolition of a house and therefore was not aware of the requirements of the MPCA. The demolition was initially ordered by the Houston County board to be done by the Highway department and disposed of by the solid waste department.

ìWe utilized existing staff to make it cost efficient,îsaid Comstock.

He added that the highway department thought they were following all the appropriate guidelines. And when the county was made aware of the issue, they took proper measures to correct the problem.

One of the corrective actions included hiring a licenses asbestos contractor to supervise the removal of five to six inches of topsoil around the property to ensure the asbestos was properly removed.

Comstock noted that a county entity has more regulations to follow concerning asbestos than a private entity.

Nancy Miller, information officer of the MPCA, said Houston Countyís fine amount was calculated by a forum of members from the MPCA and based on culpability, health risk, and the severity of the violation. She said the fine for the non-forgivable amount of $3,750 indicates that this situation was not a significant risk.

Top of Page