New York Company Faces Asbestos Fines

A contractor located in Hillsboro, NY (near Albany) is facing a stiff fine stemming from allegations that they violated the federal Clean Air Act by not abiding by local rules concerning the removal of asbestos.

According to an article in the Albany Democrat Herald, Zilco Environmental LLC of Hillsboro has been penalized $36,562 by the Department of Environmental Quality (DEQ) stemming from an asbestos abatement project at Waverly Manor Retirement Center, 2853 Old Salem Road, Albany.

DEQ records indicate that a $15,000 penalty was incurred because the company “openly accumulated asbestos-containing waste material (sheet vinyl flooring) during the project”, which began in October 2006 and ended four months later. The DEQ alleges that Zilco “did not properly package and label the materials in leak-tight containers” and “allowed asbestos-containing waste material to accumulate in the basement kitchen of the facility.”

In addition, Zilco also “allowed four piles of asbestos-contaminated plastic that had been used to create a containment enclosure during its abatement project, as well as an asbestos-contaminated negative air machine pre-filter, to remain openly accumulated in the upstairs kitchen and basement of the facility.”

Other fines levied by the DEQ include $1,100 penalty for failing to provide a complete description of the amount of asbestos to be removed for the project. (The company reported it was abating 980 square feet of materials when the actual amount was 1,433 square feet.)

A $19,412 penalty was assessed because the company started the project without submitting a complete asbestos abatement notification form, instead submitting “false, inaccurate, and incomplete information,” according to the DEQ.

Zilco also listed the retirement center as a “residential property” and paid a $35 notification fee when a $375 fee for a commercial project was actually required.

An additional $1,050 penalty was levied because the company failed to submit required air sampling results from testing at the project site within 30 days of completing the project.

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