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Four Companies to Pay $130,000 for Alleged Asbestos Violations at Former Dowingtown Farmers Market

Release Date: 3/20/2001
Contact Information: Bonnie Smith, (215) 814-5543

Bonnie Smith, (215) 814-5543

PHILADELPHIA – Four companies have agreed to pay $130,000 penalty to settle alleged violations of federal asbestos regulations during the 1999 demolition of the former Downingtown Farmers Market and nearby former residential buildings. The market, located at 849 - 955 East Lancaster Avenue in East Caln Township, Chester County, Pa., was demolished to prepare for the construction of the Ashbridge Square Shopping Center.

In a January 10, 2001 administrative complaint, EPA cited real estate developer B&S Pike Associates, demolition contractor ToryPete Management, Inc., and subcontractors Full Moon Construction Co. and Terra Environmental Contractors, Inc. for violating Clean Air Act regulations designed to prevent emissions of asbestos fibers during demolition and renovation operations.

During an initial inspection of the site on June 16, 1999, an EPA inspector observed demolition underway and collected samples of asbestos-containing transite wall panels, vinyl asbestos floor tile, mastic and floor leveler, which had been broken, crumbled and reduced to powder during demolition activities.

Subsequently, letters revealed that the Minquas Fire Department had been permitted to perform fire training exercises on five occasions during the demolition. During one training exercise, a section of the market containing approximately 25,000 square feet of vinyl asbestos floor tile, mastic and leveler was intentionally burned without prior removal of the asbestos-containing floor tile. In response to citizen complaints, the Pennsylvania Department of Environmental Protection also visited the site and issued violation notices to B&S and ToryPete for failing to file an asbestos notification, and to the Minquas Fire Dept. for open burning without a permit.

EPA’s administrative complaint alleged that these parties failed to:

* thoroughly inspect the site for of asbestos prior to demolition;
* provide advance written notice to EPA about the demolition activities;

* remove all regulated asbestos-containing material from the facility before engaging in activities that would break up, dislodge or disturb the material;
* remove all material containing asbestos prior to demolition by intentional burning;
* adequately wet all asbestos-containing material, and ensure that it remained wet until collected and contained in preparation for disposal;
* seal all asbestos waste materials in leak-tight containers or wrapping while wet; and,

* deposit all asbestos-containing waste at a proper disposal sites.

The complaint also alleged that B&S and ToryPete violated federal regulations designed to ensure that asbestos-containing materials remain adequately wet until collected and contained in preparation for disposal, and failed to have an on-site representative trained in the provisions of asbestos removal regulations present.

Asbestos is a hazardous air pollutant that was once heavily used in insulation and other building materials. Prolonged exposure and inhalation of asbestos fibers can cause cancer and asbestosis, a serious respiratory disease.

As part of the settlement, the parties neither admitted nor denied liability for the alleged violations, but certified that they are now in compliance with applicable asbestos regulations.



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