Dover Greens, Asbestos Safety Violations, New York 2013
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Peter Lopez, Regional Administrator for the U.S. Environmental Protection Agency, announced today that the United States has filed a civil lawsuit against DOVER GREENS, LLC, for violating the Clean Air Act and EPA's National Emissions Standards for Asbestos during renovation of the former Harlem Valley Psychiatric Center in Wingdale, New York.
The complaint alleges that DOVER GREENS violated the Clean Air Act and Asbestos NESHAP when it failed to take the necessary precautions and follow the proper protocols pertaining to the removal, handling, and disposal of asbestos during renovations in October 2013.
DOVER GREENS admits, acknowledges, and accepts responsibility for the fact that it "failed to follow EPA regulations concerning asbestos when conducting the October 2013 Work." The company also admits to failing to inspect the buildings thoroughly for the presence of regulated asbestos-containing material and notify EPA prior to commencing renovation activities.
The United States has filed a consent decree with the federal court today that resolves the violations through payment of a $575,000 financial penalty and the imposition of injunctive relief, including a requirement that DOVER GREENS provide medical monitoring to individuals potentially exposed to airborne asbestos fibers as a result of these violations.
"Despite knowing that it was required to comply with asbestos safety regulations, Dover Greens conducted renovations in flagrant violation of those regulations, risking the health of members of the public and workers at the facility," U.S. Attorney Geoffrey S. Berman said.
The consent decree remains subject to Court approval. DOVER GREENS failed to inspect the buildings at issue thoroughly for the presence of regulated asbestos-containing material and notify EPA prior to commencing renovation activities, and failed to remove, store, and dispose of asbestos-containing materials safely.
The former Harlem Valley Psychiatric Center in Wingdale, New York, has been the site of numerous renovations, including the October 2013 Work, which were done in violation of asbestos safety regulations. DOVER GREENS knew that its buildings contained asbestos and that asbestos work practice regulations must be followed.
"We are determined to protect public health and the environment," EPA Regional Administrator Peter Lopez stated. "The Clean Air Act and EPA's National Emissions Standards for Asbestos have been set in place to do just that. This settlement sends the important message that we will not allow groups or individuals to skirt the law and put people at risk."
Key Facts
- State: New York
- Category: Public Corruption|White Collar Crime
- Source: DOJ Press Release â†â€â€
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