Check It Before You Wreck It*

Geoff McPherson of GMX Environmental, LLC shared this news release with me as a reminder to both contractors and DIY’ers alike that the EPA is serious about the control of asbestos. Contractors have to be licensed to deal with it and DIY’ers probably ought to leave it to the contractors. Here’s what happens when everyone just turns their head and looks away:

*News Release*

 

For release: Jan. 31, 2013

 

Contacts:

Esther Westbrook, Compliance and Enforcement, Portland, 503-229-5374

Dottie Boyd, Air Quality Division, Salem, 503-378-5086

 

DEQ Issues $13,200 in Penalties to Both Contractor and Property

Management Company for Asbestos Violations in Albany

 

The Oregon Department of Environmental Quality has issued penalties

totaling $13,200 to Hodgie Construction LLC and JPM Real Estate

Services, Inc. for asbestos violations at a duplex located on 1985 Cedar

Circle in the Pine Meadows Village housing complex in Albany, Ore.

 

Hodgie Construction received a $7,200 penalty for performing an asbestos

abatement project in October 2012 on the property managed by JPM Real

Estate Services without first obtaining the required license. While

renovating the duplex, workers removed asbestos-containing popcorn

texture material from the ceiling of the garage. The texture material

was scraped and crumbled likely causing the release of asbestos fibers.

 

Workers also allowed the asbestos-containing waste material to openly

accumulate at the duplex. During an inspection on Oct. 22, a DEQ

inspector discovered the ceiling debris on the floor and other surfaces

in the garage and scattered throughout the interior of the duplex.

 

As the property manager of the facility, JPM Real Estate Services is

responsible for ensuring that asbestos on the property is properly

managed. JPM Real Estate Services received a $6,000 penalty for allowing

Hodgie Construction, a contractor without the required license, to

perform the project.

 

Upon notice of the violation, JPM Real Estate Services hired a licensed

asbestos abatement contractor to clean up the asbestos and dispose of

the waste material. DEQ considered these efforts when determining the

amount of the penalty.

 

Asbestos fibers are a respiratory hazard proven to cause cancer,

mesothelioma and asbestosis. Asbestos is a danger to public health and a

hazardous air pollutant for which there is no known safe level of exposure.

 

Hodgie Construction LLC appealed their penalty on Jan. 8. JPM Real

Estate Services, Inc. appealed on Jan. 24.

 

*Check It Before You Wreck It is the catch phrase shared by Geoff McPherson

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3 Responses to “Check It Before You Wreck It*”

  1. handymanbob Says:

    Contact info for Geoff McPherson:
    GMX Environmental, LLC
    990 Terra Avenue
    Ashland OR 97520
    541-890-2419
    fax: 541- 537- 4901
    Asbestos Consultant
    NIOSH-582 Air Sampling Technician
    Asbestos Building Inspector/Management Planner/Project Designer
    PCM and PLM microscopy
    http://www.gmxenvironmental.com

  2. McPherson Says:

    I’m available to answer questions…I encourage people to drop me a line at gmxenvironmental@gmail.com if there are any questions or concerns about this mineral fiber found in more than 3,000 products…from vinyl floor backing to paint, from adhesives to drywall..(and thousands of other things).. Above all, I implore people to NOT AVOID or STOP YOUR PLANS to remodel or renovate; just do them slightly differently; GET AN ASBESTOS SURVEY BEFORE YOU MAKE PLANS..that way, you’ll understand all your options…and can “craft” your plans and designs accordingly. Pre-demolition inspections are both required (in many circumstances) and are ALWAYS a smart idea. Because Compliance is infinitely cheaper than Conviction…”CHECK IT BEFORE YOU WRECK IT”. Questions? Write me: gmxenvironmental@gmail.com

    Thanks,

    Geoff McPherson,

    Asbestos Consultant/ GMX Environmental, LLC
    DEQ Registered;
    Asbestos Building Inspector (AHERA)
    Asbestos Management Planner
    Asbestos Project Designer
    NIOSH-582 Air Sampling Technician/Phase Contrast Microscopist.

    http://www.deq.state.or.us/aq/asbestos/

  3. McPherson Says:

    I’ve been asked by a few people in the last few days about asbestos rules and how they impact to their projects My answer is :”which rule, from which agency, and for which job?”….Yes, there’s different rules for different jobs and for different people.

    The majority of my clients are affected by two agencies: DEQ and OSHA. ( for simplicity’s sakes I’m going to skip their Federal analogues). DEQ: is primarily concerned with the environment..indoors and out. Simply put, this means “the dump and how it got there”…(I’m skimming over a few other agencies but again…I’m trying to be simple here). Oregon OSHA is concerned with workers being exposed on the job…or, in this case…” how that asbestos got to BE demolition debris in the first place”.

    This distinction is crucial; it’s the basis for the differences in rules that may slip people up. It’s more than a little confusing. It can be expensive.

    DEQ and OR-OSHA don’t always agree on dates for enacting rules, but they both agree of levying hefty fines. These fines and penalties are avoidable.

    What this boils down to is ” Oregon DEQ will allow the homeowner do certain asbestos removal jobs that OSHA won’t allow workers to do”. Remember, a rental property owner or business “owner” is NOT a ‘homeowner” ..even if they own the property in question. The homeowner has to be actively living in the home. It’s not going to be sold immediately after the work, either. ( please check : http://www.deq.state.or.us.aq/asbestos/ for more information ). You can remove popcorn ceiling texture..but a “regular” contractor can not..(DEQ) nor can his employees (OSHA). Yet, a “regular” contractor AND his employees, can remove asbestos siding, CAREFULLY (DEQ) but they have to be trained and have to wear protective clothing (OSHA) and the material must be wetted and bagged according to specific rules (DEQ) and then taken to a specific receiving station (DEQ/EPA) where it will be safely handled by workers (OSHA)… It’s a full time job keeping up with the regulations. I attend 4 annual refresher courses and I’m going to adding more certifications and their refreshers, too.

    I routinely implore people to get an Asbestos Consultant/Asbestos Building Inspector involved EARLY in the project, when their input can save them the most grief. Remember, “inspection” does not always lead to “abatement”. It can however, save you the cost of an emergency abatement and/or fines if you don’t “check it before you wreck it”. Create a safe place to work, for you and your contractor. Asbestos is STILL with us.

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