Vermont Building Developer Critical of Asbestos Violation Fines Assessed at Essex Junction Demolition Site

After a Vermont property developer and contractor were fined for asbestos testing and reporting violations, the developer has since claimed the investigation and subsequent fines were unfair. Failure to follow all federal and state regulations regarding the testing for the presence of asbestos prior to renovation or demolition can cause those in the area to be exposed to the cancer-causing mineral.

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On March 10, 2010, the Burlington Free Press reported on an investigation and subsequent outcome of asbestos violations that took place at an Essex Junction, VT demolition project. While the contractor and developer were ultimately fined a total of $15,000 for their failure to have asbestos testing performed before properties were demolished, the developer has since gone on record to criticize the outcome of the matter, characterizing the fines as "totally wrong and unfair."

In 2008, two single-family homes were demolished to make way for the construction of a 35-unit apartment building. Although both properties were built prior to the 1970s—when a number of asbestos-containing materials would have likely been used—the developer and contractor failed to have federal and state required testing performed to confirm the presence of asbestos-containing materials (ACM) at the abandoned properties.

Vermont and EPA Investigation
When the Vermont Department of Health first became aware of the potentially improper asbestos removal taking place, they contacted the Environmental Protection Agency (EPA) to conduct an investigation.

By the time the EPA began their investigation, over 75,000 pounds of demolition debris had already been removed from the site. While the remaining debris and property were tested and no evidence of asbestos was found, an EPA spokesperson stated that ACM could have been in the debris already removed from the work site.

Asbestos Materials Once Commonly Used in Residential Construction
Virtually every residential, commercial, school or hospital constructed prior to the 1970s was built using asbestos materials. While encapsulated (sealed) ACM poses little health risk, asbestos fibers can contaminate the air if the ACM is disturbed. For this reason, state and federal regulations require that testing be performed at properties where it is likely ACM may be present.

Common uses of ACM products in residential properties included: