Oct 31, 2012 - Yet Another Mill Owner is in Hot Water After Asbestos Violations
Stemming from a demolition project at the old Rock-Tenn Paper Mill in Otsego, Michigan, former owner Michael Davis Jr. could be facing fines or even jail time. Davis reportedly removed piping coated in asbestos insulation without proper approval, oversight, or mandatory safety measures. These actions directly violated the Clean Air Act and have Davis in some serious hot water with federal authorities.
Davis purchased the mill in 2006 and began to remove material from the premises immediately. Among these materials were the aforementioned pipes and insulation – the amounts of which reports describe as “substantial.”
It’s alleged that Davis knew the materials contained asbestos but he removed them anyway instead of contracting a licensed abetment professional to do the work for him. Regulations exist due to the high dangers associated with exposure to airborne asbestos, including years later developing mesothelioma, asbestosis or another form of asbestos disease.
Among the charges filed against him were failure to order an asbestos inspection (mandatory for sites where asbestos contamination is known or suspected,) and failing to hire a trained asbestos removal expert. In addition, Davis failed to observe safe procedures (including the wetting of asbestos materials in order to minimize airborne fibers, during the removal process. Also, Davis failed to dispose of the tainted debris properly, endangering the health and wellbeing of anyone in the vicinity.
The official indictment was damning, stating that “rather than pay for a trained and professional expert in asbestos removal, (Davis) devised a scheme to save time and money by hiring inexperienced laborers to assist him in removing the asbestos-containing insulation from pipes and other components in the powerhouse without following the work practice standards for handling asbestos as required by federal law.”
Davis also allegedly lied to the contractors hired to do the work when they voiced concerns about the presence of asbestos. He allegedly told them there was nothing to worry about and that they should continue on as planned because the contaminated materials had already been removed – which they had not.
The violations were discovered after the Michigan Department of Environmental Quality (DEQ) visited the site in 2008 and determined that previously present asbestos insulation had indeed been removed without approval or oversight. Investigators tested the site for airborne asbestos and found unhealthy levels of the fibers. The alleged lies were discovered after investigators dug deeper into the scandal and spoke with those employed during the demolition project.
Due to the severity of the violations and the associated danger of asbestos illnesses such as mesothelioma, it’s likely that Davis will be facing prison time for his role in the asbestos conspiracy. Also fines are likely and could range into the hundreds of thousands of dollars.
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