Investigation into Improper Asbestos Removal and Fraud Leads to Denver Contractor's Arrest

The owner of a company alleged to have illegally removed asbestos materials and debris from Denver-area renovation and demolition projects was arrested and charged in Houston, Tex., with improper removal and storage of asbestos debris. His actions placed countless individuals at risk for exposure to asbestos, a toxic mineral known to cause many serious diseases decades after exposure.

If your family is facing a loved one’s diagnosis with a serious asbestos-related disease, such as mesothelioma, asbestos lung cancer or asbestosis, please contact our attorneys today for information about your rights and legal options by completing the form on this page.

In February 2010, the Department of Justice (DOJ) announced they had arrested and charged the owner of an environmental remediation company for his role in the alleged illegal removal of asbestos-containing materials (ACM) and asbestos debris from several buildings in the Denver, CO area. The man is also alleged to have stored asbestos-containing debris in a public storage facility in the Denver area.

The ACM materials deposited at the storage facility came from asbestos abatement and removal projects that took place between September 9, 2005 and August 28, 2006, and included work conducted at a bowling alley in Greeley, a Mazda dealership in Aurora and the Transamerica Title Co. building in Colorado Springs.

The allegations include a number of violations of the Clean Air Act, including:

• Allegedly violating work practice standards by failing to comply with the requirement to deposit asbestos-containing waste material as soon as was practical at a regulated waste disposal or conversion site;
• Allegedly directing employees to store asbestos-containing waste material at a public storage facility that was not a regulated waste disposal or conversion site authorized to receive asbestos-containing waste; and
• Allegedly failing to properly label the bags containing ACM and marking vehicles used to transport the ACM to the storage facility with warning signs.

The man faces fines of $250,000 and up to five years in prison for each of the three counts against him.

Environmental Health Risks
Those who live or work in the areas where the improper asbestos removal took place now face the uncertainty that comes from the possibility of being exposed to asbestos, a mineral that has been long classified as a carcinogen (cancer-causing substance). Similarly, all those working at the public storage facility, as well as storage facility tenants and visitors faced possible exposure to asbestos dusts each and every time they were in the area where the illegally stored ACM debris was kept.

Tragically, countless medical and scientific research studies have shown that even those with extremely limited exposure to asbestos share a risk for asbestos disease similar to those who work in industries where asbestos products were heavily used.

When asbestos fibers become airborne and are inhaled, they remain in the lungs instead of being expelled by coughing, sneezing or blowing one’s nose. The sharp, jagged edges on microscopic asbestos fibers cause them to attach to lung tissue.

Over a period of 30-40 or more years (known as the latency period), the asbestos fibers can cause the lungs to scar. Should the scarring become serious, individuals exposed to asbestos many decades before can develop emphysema, chronic obstructive pulmonary disease (COPD), pleural plaques disease or asbestosis. In more serious cases, the scarred lungs will begin to produce the abnormal cells that can cause asbestos lung cancer or mesothelioma tumors to develop.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos-related disease, our lawyers may be able to help you to seek justice for your illness and file a lawsuit on your behalf.

Please complete the form on this page for a free and confidential review of your potential asbestos lawsuit or request a free copy of our asbestos sourcebook. A Weitz & Luxenberg representative will contact you as soon as possible.