Minnesota Pollution Control Agency

Contact: Mark Sulzbach, 651-757-2770 St. Paul, Minn. -- A Mankato developer, 22 LLC., has agreed to pay a $35,000 civil penalty to the Minnesota Pollution Control Agency (MPCA) by Nov. 1, 2009, for alleged environmental violations involving the improper handling and disposal of regulated asbestos-containing material (RACM). The violations were documented during the remodeling of a former middle school building in Garden City, Minn. Responding to a citizen complaint, MPCA staff inspected the former school on Jan. 25, 2007, and documented many instances of dry RACM debris from pipe wrap insulation scattered on the floor in several rooms. Inspection of the kitchen revealed about 400 square feet of suspect pipe wrap and ceiling tile debris along with 35-70 cubic feet of RACM in a bag, with identical material scattered across the floor. Additional dry RACM from the removal of pipe insulation was found in the boiler room as well as in unsealed bags. An emergency cleanup of the building by a Minnesota Department of Health-licensed abatement contractor was performed. The contractor reported removing 5,000 cubic feet of debris related to the cleanup of contaminated materials. 22 LLC failed to notify the MPCA of its intent to do renovation that would involve RACM. Additional violations included improper handling of RACM which was not kept wet to prevent the material from becoming an airborne health hazard. Furthermore, dry RACM was found in open bags that were not leak-tight and 22 LLC allowed unlicensed workers to disturb RACM while attempting to remove a boiler and attached pipes. When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws. For a comprehensive list of enforcement actions by the MPCA, visit the agency Web site at hhref="/newscenter/enforcement.html. The MPCA offers outreach and training to help facilities that have the potential to release air pollutants. For more information on stormwater permits, water-quality regulations, or air-quality permits and emission standards, visit the agency's Web site at http://www.pca.state.mn.us.