Melinda A. Gillen, Asbestos Abatement Scheme, California 2012

Monterey, CA – A California drywall subcontractor has been sentenced for knowingly participating in an illegal asbestos abatement scheme during the renovation of a building intended to become a Montessori school. Melinda A. (Mindy) Gillen, owner of an unnamed drywall company, pled guilty to violating the Clean Air Act and was sentenced in February 2012, according to records obtained by GrimyTimes.

The case, initially brought to the attention of federal authorities by the Monterey Bay Unified Air Pollution Control District, centers around the improper handling and disposal of asbestos-containing materials (ACM) at the construction site. Prior to purchasing the property, the new owner received a survey identifying asbestos in the acoustic popcorn ceiling. This information was relayed to Peter Reynolds, the owner of North Bay Contractors and the general contractor overseeing the renovation.

Instead of legally removing the asbestos, Reynolds directed Gillen and her crew to cover the existing asbestos ceiling with a new layer of drywall – a practice known as “sandwiching.” Critically, this work was performed *without* the necessary safety precautions, including proper respiratory protection, wetting the material to suppress dust, or providing adequate training to workers. This constituted a significant disturbance of Regulated Asbestos Containing Material (RACM) in violation of federal regulations.

The scheme escalated when a portion of the roof required structural reinforcement, necessitating the removal of drywall and the underlying asbestos acoustic ceiling. Reynolds, allegedly motivated by cost-cutting, opted to scrape off the asbestos material himself, discarding it into a standard garbage bag and storing it in the bed of his personal truck for approximately two months. The total area of disturbed asbestos exceeded the threshold for federal reporting requirements under the National Emission Standards for Hazardous Air Pollutants (NESHAP).

Federal investigators determined that approximately 2,000 square feet of disturbed asbestos acoustic ceiling exceeded jurisdictional thresholds, posing a potential health risk to workers and the surrounding community. The EPA’s Criminal Investigation Division (CID) led the investigation, highlighting the agency’s commitment to enforcing regulations designed to protect public health and the environment.

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Key Facts

Defendant: Melinda A. (Mindy) Gillen
Location: Monterey, California
Year: 2012
Crime: Illegal asbestos abatement and disposal
Statute Violated: 42 U.S.C. 7413(c)(4) – Negligent Release under the Clean Air Act
Penalty: 12 months probation and a $500 federal fine.
Co-defendant: Peter Reynolds (North Bay Contractors) also pled guilty and received the same sentence.

The case serves as a stark reminder of the serious legal and health consequences associated with improper asbestos handling. Asbestos exposure can lead to debilitating and fatal diseases, including lung cancer, mesothelioma, and asbestosis. Federal and state regulations are in place to ensure the safe removal and disposal of this hazardous material, and those who knowingly violate these rules will be held accountable.

Source: EPA ECHO Enforcement Case Database

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