Monthly Archives: December 2011

Recyling Company Sentenced to Pay Over $500K for Asbestos Dumps

A recent Wall Street Journal article reports that Eagle Recyling, a New Jersey recycling company was sentenced to pay a $500K criminal fine and over $70K in restitution & cleanup costs. It was found dumping thousands of tons of asbestos contaminated construction debris in Central NY.

The company pleaded guilty earlier this year and agreed to comply with environmental laws.

According to the charges and plea agreement, Eagle Recycling and other co-conspirators engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at Eagle Recycling’s North Bergen solid waste management facility and then transported to a farmer’s property in Frankfort, N.Y.  Eagle Recycling and other conspirators then concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit.

Asbestos Warning Signs Alarm Residents

An article came out today in about a story that could happen anywhere in this country.

Asbestos warning signs were posted recently at Marine Drive Apartments. No explanation was provided, which naturally caused a number of residents to wonder about their health and safety.

Housing Authority officials said a state mandate from the Office of Public Employee Safety and Health dictated when and where the signs were to be placed. The mandate did not allow time to inform residents before they went up.

Plans to hold a public informational meeting are in the works, they said.

“We’re not trying to inflame residents,” said Dawn E. Sanders, executive director of the Buffalo Municipal Housing Authority, which owns and manages the Marine Drive complex. “We didn’t have time before signs were put up to have a meeting with residents. The PESH report said we had to put up signs immediately, and that was the soonest we could have put them up. We didn’t randomly pick where to put them.”

The notices read, “Danger. Asbestos Cancer and Lung Disease Hazard. Authorized Personnel Only.” They were posted late last Friday afternoon at the elevators and the front and back doors of each of the seven buildings of the waterfront complex.

Problems began in August, when seven workers at Marine Drive removed asbestos around eight water valves to address a leaking problem. A state agency investigation determined that the employees had not followed proper rules for dealing with asbestos, and the Housing Authority was handed 17 citations. One of the required corrections involved posting asbestos-warning signs in specific areas.

The warnings also noted that confirmed or presumed asbestos- containing materials are present throughout the building, including floor tile, linoleum, plaster ceilings, heating pipes and all interior and exterior caulking.

The information had some residents worried about whether the affected areas included their individual units.

Only common areas, the boiler room and the maintenance room are affected, said Assistant Executive Director Modesto Candelario.

The good news is that most of the affected areas have already had abatement work done. Morever, residents will not have to be relocated, he added, because the abatement “won’t be done in their apartments.”

Products Distributor Warns Of Asbestos Gaskets

According to Financial Times, Wolsely, the plumbing and heating products distributor, has warned some customers in the US and Canada that it may have inadvertently sold them asbestos gaskets.

Following two years of internal investigations, the company disclosed the problem regarding these gaskets today. The company expects legal action to result.

The problem with the parts, used as plumbing seals, was disclosed on Tuesday after two years of internal investigations. It is expected to lead to legal action.

Wolseley reported that four customers in the US and Canada found that the supposedly asbestos-free gaskets contained more than 1% asbestos, the threshold at which the products are required to have a label that it contains the dangerous substance. 

The company blames the former Canadian supplier, Lortech rubber.

Ian Meakins, Wolseley CEO, says that it plans to sue Lortech. He also mentioned that he expects that several customers will file action against Wolseley.

About Kevin
Kevin Coluccio was recently named one of the Top 10 Super Lawyers in Washington State. He has long history of successful asbestos law cases and has a stellar reputation for getting result sfor his asbestos injury cases.