Friedman and Schmitt Construction Submit RACM Consultant Report

Friedman & Schmitt Construction submitted a RACM report prepared by Friedman & Schmitt’s consultant, Lawrence Hussey, which stated that as of August 6, 1997, "all * * * asbestos containing materials were properly removed from the individual suites and roof * * * no visual evidence of suspected asbestos containing debris wer [sic] observed in the areas where abatement activity occurred. All hazardous wastes were properly contained and removed from the site * * * ." Resp. Ex. 11; Evidentiary Tr. at 363-64.

Friedman & Schmitt argue that this report shows that all RACM was properly removed from Building #2. This report, however, contains numerous errors. For example, although the evidence at the hearing established that Mr. Schmitt removed the RACM from Building #2, the report asserted that the RACM was removed by a certified asbestos abatement contractor. Mr. Schmitt is not a certified asbestos abatement contractor.

The report also inaccurately stated that notice was given prior to the removal of the RACM and that the RACM was properly removed from the site. However, as discussed above, no notice was given prior to the removal of RACM from Building #2, and as discussed below, Mr. Schmitt transported the RACM from Building #2 to 2900 Heinz Street and improperly stored the RACM in torn trash bags.

At trial, Mr. Hussey admitted that these statements in his report were not accurate. The ALJ held that Mr. Hussey’s report should be discounted due to these errors. We agree with the ALJ’s conclusion in this regard and, accordingly, we do not find Mr. Hussey’s report to be credible evidence that would overcome Mr. Singleton’s testimony. Accordingly, we find that Friedman & Schmitt violated 40 C.F.R. § 61.145(c)(3) and (6)(i) (1996) by failing to keep RACM adequately wet after it was stripped from the ceiling in Building #2 and prior to disposal.