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April 26 2010 13:54

Gaylord Senior Housing Project Faces Penalities Over Asbestos Laws

Contacts: Cathy Rofshus, 507-206-2608 

Rochester, Minn. -- Oak Terrace Senior Housing of Gaylord and Montag Development of North Mankato recently agreed to penalties for allegedly violating Minnesota regulations on asbestos removal. The housing development has paid a $5,314 penalty to the Minnesota Pollution Control Agency (MPCA) and agreed to perform environmental projects totaling $17,436. 

Asbestos refers to a group of minerals with long, thin fibers that do not burn and were once used in building materials. The fibers are too small to by seen by human eyes. If people inhale asbestos, the fibers can become lodged in their lungs, affecting breathing and leading to diseases such as cancer. 

In January 2008, the MPCA responded to a complaint that asbestos-containing materials were being disturbed at Oak Terrace during renovation of its basement. The MPCA found that ceiling and floor tiles containing asbestos at regulated levels had been disturbed and placed in an outside dumpster, in violation of several state and federal regulations. The renovation occurred while Oak Terrace was occupied by residents. 

The senior housing development plans several Supplement Environmental Projects:

--   One project is to provide a letter on how to comply with asbestos regulations to at least 50 renovation and demolition contractors throughout Minnesota.

--   Another project is to submit articles to local newspapers that explain how to comply with asbestos regulations.

--   And a third project is to request that the cities of North Mankato and Gaylord provide asbestos information with building permit materials.

--   The most expensive project will be removing asbestos at a school in Mankato, estimated to cost $12,436. 

Oak Terrace and Montag Development face additional penalties if failing to complete the environmental projects. 

The settlement, known as a stipulation agreement, is one of the tools used to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it was a first time or repeat violation and how promptly the violation was reported to appropriate authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.