FOR IMMEDIATE RELEASE: March 31, 2014
DEP
FILES COMPLAINT AGAINST DEMOLITION COMPANY FOR ASBESTOS VIOLATIONS
~Department seeking penalties for environmental wrongdoing~
TALLAHASSEE – The Florida Department of Environmental Protection
has filed a complaint in state court in Escambia County against Maverick
Demolition, Inc. for significant asbestos related violations involving a
demolition project in Pensacola.
Following multiple inspections beginning last year, the
Department determined the activities to be in violation of rules and
laws related to the demolition of material containing asbestos. In total, the
Department is seeking penalties for five violations related to removal, emissions control, and disposal of “regulated asbestos containing material.”
“The Department of Environmental Protection takes
our role of protecting public health and the environment seriously, and we are
committed to making sure the regulated community complies with our laws and
rules,” said Brian Accardo, Director of the Department’s Division of Air
Resource Management. “When businesses take actions that are calculated or
careless, and potentially harmful to the environment, we will pursue formal
enforcement and seek appropriate penalties.”
In this case, the Department is asking the court for
maximum penalties, which could exceed $500,000. The Department issued a
Compliance Assistance Offer Letter and, when the company failed to cooperate,
the Department issued a subsequent Warning Letter. Additionally, the Department
is consulting with law enforcement officials to determine if criminal action is
warranted.
The Florida Department of Environmental
Protection’s Division of Air Resource Management administers an asbestos
removal program under Chapter 62-257,
Florida Administrative Code. The program’s intent is to prevent the
release of asbestos fibers to the outside air during demolition or renovation
activities. The program requires prior notification to the Department on the
removal of threshold amounts of asbestos from certain types of facilities.
The Department strives to help businesses understand
and adhere to Florida’s rules and regulations, and to minimize the possibility
of environmental harm. However, when Florida’s laws and the Department’s
efforts to assist with compliance are disregarded, formal enforcement action is
initiated. Here, violations in the management of hazardous material have led to
the Department filing an official civil complaint in the Circuit Court of the
First Judicial Circuit.
Fortunately, a case like this is rare, and the vast
majority of the nearly 75,000 facilities regulated by the Department are in
compliance. In 2013, facilities considered in significant compliance with
Florida Department of Environmental Protection rules and regulations rose to 96
percent, a two percent increase from 2012. Record compliance numbers are a
result of the Department’s significant education and outreach efforts over the
last two years. In 2013 alone, Department staff participated in 7,494 education
and outreach events, reaching more than 86,700 people. This is based on tens of
thousands of inspections and monitoring samples statewide.
For more information on DEP’s compliance rates and
outreach efforts click here.
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