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Largest Asbestos Penalty Issued for Iowa

According to a news release issued by Iowa Attorney General Tom Miller, Equitable L.P. has been forced to pay a $500,000 fine for failing to perform safe asbestos renovations while working on the historic Equitable Building in downtown Des Moines.

“This is the largest civil penalty by far in Iowa for asbestos violations,” said Miller. “We alleged Equitable L.P. completely ignored asbestos-handling requirements during renovations from 2005 to 2007, until the Iowa Department of Natural Resources became involved.”

Asbestos, a naturally occurring mineral, was widely used in construction materials before the 1980s. Heavy use of this mineral has caused great concern for the construction industry as exposure to the toxic substance can cause sarcomatoid mesothelioma and other serious illnesses.

State and federal laws regulating asbestos have very strict requirements for handling asbestos-containing materials during demolition and renovations. Asbestos becomes hazardous as soon as its microscopic fibers become airborne, allowing the particles to be inhaled.

Department of Natural Resources (DNR) Director Richard Leopold believes the $500,000 civil penalty underscores the importance of properly handling and disposing asbestos-containing materials.

“What’s important to remember is that asbestos poses potentially serious health implications and that we do not have a situation like this happen again,” Leopold said. “This enforcement action should serve as a warning that the regulations relating to asbestos removal and disposal will be vigorously enforced.”

The Attorney General’s lawsuit alleges that Equitable L.P failed to do the following: inspect for asbestos, provide notice to the Iowa Department of Natural Resources, remove asbestos-containing material before renovation, properly handle asbestos-containing material during renovation, or properly dispose of the material.

After a complaint was filed about the renovation project in 2007, the DNR ordered Equitable L.P. to stop activities until all floors were thoroughly inspected by a licensed asbestos abatement contractor. However, Equitable L.P. continued renovations in violation of the order.

The DNR then issued a second Notice of Violation in 2008 for failing to comply with the previous order. After that, the renovations were completed in 2008 without any additional violations.

According to the Environmental Protection Agency, there is no safe level of asbestos exposure. Uncontained asbestos can present a serious hazard to those in the area, and despite whether a person’s exposure may be limited or extreme, they may still be at risk for illness later in life. Symptoms of an asbestos-related illness can take as long as 10 years or more to develop.

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