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Asbestos Violations & Penalties

Asbestos is a material used in insulation, mines and roofing materials which has been known to cause diseases such as cancer, or mesothelioma. As asbestos is released into the air, anyone exposed to it breathes in the toxins which are also released into his clothes; the asbestos can then be transferred to those the victim comes into contact with, such as his family. According to the EPA Clean Air Act of 1992, asbestos is not to be used in any building or environment where it can be harmful to people. Companies who use asbestos or do not dispose of it properly are subject to various fines and in some cases, civil or criminal prosecution.

  1. Notification Violations

    • Violations of the Clean Air Act are enforceable by the environmental protection agency. These violations can be very complex in nature and each complaint can lead to more than one violation. At times, when deemed appropriate, corporations can have a chance at getting any fines reduced by cooperating fully with the EPA. When discarding asbestos, the company must notify the EPA of any demolition or disposal of asbestos products. For a first offense violation of failure to notify, the fine can range from $2,000 to $6,000 and by the time it is up to a third offense, the fines can go up dramatically to $10,000. If the notice is simply late or inaccurate, the fines are not as steep; these fines start at $800 to $1,600 for a first offense.

    Environmental Harm Violations

    • When a corporation is aware of the asbestos in any structure, that company can be fined per day and per unit of asbestos. One unit of asbestos is equal to 260 linear feet, 160 square feet or 35 cubic feet. For an offense of less than ten units, the first violation is $500 to $2,500 plus $200 for each additional day the asbestos is not cleaned up. More than fifty units can have a fine of $2,500 to $6,000 plus an extra $600 per day. Second violation fines go up dramatically, to $5,000 to $8,500 for more than fifty units plus an extra $1,000 per day.

    Civil Judgments

    • In 2008, W.R. Grace was ordered to pay the federal government $250 million to pay for asbestos cleanup of the Libby, Montana mine. This includes the cleanup of the town, including public buildings and schools. It was alleged that the executives of W.R. Grace knew about the contamination to the workers of the mine, however; did not do anything about it. The executives went on trial in 2009 and were found not guilty. In addition, W.R. Grace has set up funds to the local hospital and also to those who were employed at the mine as well as the families of those exposed in order to cover any medical costs associated with mesothelioma.

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