Friedman Schmitt Construction: Failure to Give Notice on Renovations

This page continues the discussion in the Friedman Schmitt case.  The construction company was charged for failure to give notice of renovations that involved the removal of asbestos. Exposure to asbestos is known to cause serious diseases such as mesothelioma, asbestos-related lung cancer and asbestosis.

In renovations that exceed the threshold requiring an application notice, the Asbestos NESHAP requires each owner or operator of a renovation activity to provide the Administrator written notice of the intention to renovate, with such notice postmarked or delivered "[a]t least 10 working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge or similarly disturb asbestos material).

In the present case, Friedman & Schmitt admitted in their Answer that they did not provide the notice required by 40 C.F.R. § 61.145(b) prior to removing RACM from both the Calderwood Apartments and Building #2.

Accordingly, we find that Friedman & Schmitt violated 40 C.F.R. § 61.145(b) (1996).

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