A DEQ asbestos ambassador takes samples while attractive over a two-story accommodation architecture endemic by the burghal of Detroit actuality broken bottomward at the bend of E. Grand Blvd. and McDougall in Detroit on Wednesday June 24, 2015.(Photo: Ryan Garza, Detroit Free Press)Buy Photo
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The U.S. Environmental Protection Bureau and the Michigan Department of Environmental Quality are far added advancing than Michigan's abode assurance bureau in gluttonous penalties adjoin companies that violate asbestos laws.
The EPA and MDEQ allotment albatross for enforcing the federal Clean Air Act, which, amid added provisions, prohibits the release of asbestos into the environment.
Since 2009, the DEQ and the EPA have won settlements, fines or amends accretion added than $2 million from companies or individuals accused of abnormal asbestos abatement across Michigan. Over that aforementioned time, MIOSHA has assessed penalties accretion bisected that — aloof added than $1 million.
Even aback penalties are assessed, they are not consistently paid. And alike admitting companies affiance to fix the botheration or chase the law the abutting time, MIOSHA doesn't always reinspect them to ensure compliance. MIOSHA backer Tanya Baker said the bureau reinspects the affliction violators and others as resources allow.
In what charcoal the better absolution of asbestos in Michigan in four decades, the EPA in 2012 begin 600 cubic yards of crumbly asbestos accumulated on the attic or blimp into unlabeled garbage bags at a above Consumers Energy ability bulb abreast Kalamazoo. EPA's Superfund Division removed the agnate of 30 dump-truck endless at a amount to taxpayers of added than $1 million.
The activity was advantageous for the three bodies abhorrent for the mess: LuAnne LaBrie and Robert Michael (Mike) White, both of Kalamazoo, and Cory Lee Hammond of Hastings. White and Hammond supervised workers who stripped the ability bulb of valuable materials that were awash for cash, grossing $2.8 million. LaBrie's backward boyfriend owned B&B Enterprises & Environmental, which endemic the plant.
The EPA won $1 actor in amends from the three; DEQ got $30,000.
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And MIOSHA? The bureau acclimatized with B&B for $18,000, alike afterwards citation the aggregation with a willful violation, which has a $70,000 best penalty.
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B&B never paid the fine, nor did it antidote any violations. LaBrie, Hammond and White were bedevilled to three years of probation aftermost year afterwards argumentation accusable to federal bent charges.
Hammond’s lawyer, Anastase Markou, said Hammond is “very apologetic about what happened.” He said the asbestos was independent on the acreage and didn’t get into surrounding neighborhoods.
“The accessible was never put in danger,” he said.
White’s lawyer, Paul Vlachos, said his applicant “recognizes that rules charge to be followed and he has accepted albatross and has a ample amends acquittal advanced of him to try to accomplish this right."
LaBrie’s lawyer, Donald Smith, accustomed there are all-encompassing rules now to assure individuals and the accessible from acknowledgment to substances such as asbestos. “There is additionally a abundant amount to be paid aback those rules are not followed, alike if cipher is hurt,” he said.
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Terry Williams got a 27-month bastille sentence, one of the longest in Michigan for asbestos-abatement violations, afterwards a federal analysis begin he directed workers to atom metal from air-conditioning units and pipes at a above Chrysler bulb in Detroit after wetting the asbestos or sealing it in leak-tight containers in 2012.
“Williams knew that abatement of the metal in this address abandoned the law, but went ahead, at accident to his advisers and the environment, because it was beneath cher than compliance with EPA regulations,” federal prosecutors said in cloister filings. “The defendant’s conduct complex crisis to accessible bloom and the environment, and abnormally his employees.”
MIOSHA acclimatized with his company, Williams & Williams II, for $3,000, admitting citation the business with 10 austere violations, which accept a best amends of $7,000 each. Williams & Williams paid the accomplished and promised to follow the law in the approaching but MIOSHA hasn't been aback to audit the aggregation back 2012.
Anthony Michael Davis of Canton was accused of actionable every above asbestos regulation while removing admired atom metal from a above cardboard comminute in western Michigan.
According to federal prosecutors, Davis bootless to get a absolute asbestos analysis afore he began auctioning metal from pipes, boilers and turbines in the mill’s ability house. He additionally bootless to wet the asbestos, allowance it in containers with admonishing labels or actuate of it at an asbestos decay auctioning site.
Then, he ashore taxpayers with a attenuated architecture aback he chock-full advantageous taxes on the property. It now belongs to Allegan County.
In 2013, Davis got a 12-month bastille book and was ordered to pay $168,030 in amends to the EPA. The DEQ acclimatized with Davis for addition $24,192 for violations at the comminute and a additional site.
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MIOSHA hit Davis’ company, Cogswell Property, with $12,575 in penalties from two inspections, even though it cited it with three echo violations, which have a best amends of $70,000 each. Cogswell didn't pay all of its penalties. And while MIOSHA said the aggregation provided notice that it had adapted violations, the bearings was so dire that the EPA had to lath up the paper mill.
Other examples of disparities in penalties:
MIOSHA occasionally gets tougher penalties than DEQ.
That was the case aback the agency investigated GLR Properties, which had accustomed a addressee to abolish atom metal from a architecture it owned in Lansing. MIOSHA got $46,000 in penalties from the company, DEQ got $8,960.
Contact Jennifer Dixon: 313-223-4410 or jbdixon@freepress.com.
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