Boulder, CO – Allen Richard Goldstone was sentenced to probation and fined for knowingly exposing a worker to asbestos during unauthorized renovations at the Boulder Elks Lodge No. 566 (BEL) in 2005. The case, prosecuted by the Environmental Protection Agency (EPA), highlights the serious health risks associated with improper asbestos handling and the legal ramifications for those who prioritize cost-cutting over worker safety and regulatory compliance.
According to court documents, Goldstone, a trustee and member of the BEL’s Long Range Planning Committee, was responsible for the maintenance and renovation of the 28,000 square foot lodge. Despite receiving warnings from two separate consultants in August 2004 and January 2005 confirming the presence of asbestos-containing materials (ACM) within the building, Goldstone failed to disclose this critical information when he hired a drywall service in April 2005. A bid of $102,683 had been received for professional asbestos abatement, but Goldstone opted for a cheaper, non-specialized contractor.
The hired worker, unaware of the hazardous materials, began scraping a portion of the ceiling on April 5, 2005. Over the subsequent two weeks, the worker disturbed approximately 6,432 square feet of *friable* ACM – meaning the material was easily crumbled and released asbestos fibers into the air. This disturbance triggered an “asbestos spill” designation from the Colorado Department of Public Health and Environment, requiring a costly and extensive cleanup operation. The incident put both the worker and potentially lodge members and the public at risk of developing severe respiratory illnesses, including asbestosis, lung cancer, and mesothelioma.
Federal prosecutors charged Goldstone with one count of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(2)(B), which addresses the failure to notify or report asbestos-related activities as required by law. This section of the CAA mandates that individuals overseeing renovations or demolition projects that may disturb asbestos-containing materials must properly inform workers and follow strict handling and disposal protocols.
On March 24, 2006, Goldstone entered a guilty plea to the charge. He was sentenced on June 9, 2006, to 24 months of probation, a $100 special assessment fee, and a $3,000 federal fine. While the financial penalties and probationary period are relatively modest, the case serves as a stark reminder of the EPA’s commitment to enforcing environmental regulations and holding individuals accountable for endangering public health.
The EPA continues to emphasize the importance of proper asbestos identification, abatement, and reporting. Asbestos, once widely used in construction materials, remains a significant health hazard in older buildings. Individuals suspecting the presence of asbestos are urged to contact qualified professionals for inspection and safe removal. Ignoring these dangers, as in the case of Allen Richard Goldstone, carries substantial legal and ethical consequences.
Key Facts
- Defendant: Allen Richard Goldstone
- Location: Boulder Elks Lodge No. 566, Colorado
- Year: 2006
- Crime: Violation of the Clean Air Act (CAA)
- Statute Violated: 42 U.S.C. 7413(c)(2)(B) – Failure to notify/report asbestos activity
- Asbestos Disturbance: 6,432 square feet of friable ACM
- Penalty: 24 months probation, $100 special assessment, $3,000 fine
Source: EPA ECHO Enforcement Case Database
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