Sunday, May 18, 2008

Iowa dnr refers asbestos exposure case to attorney general

DES MOINES, Iowa â€" On Tuesday, the Iowa Environmental Protection Commission voted to refer the Equitable Building asbestos exposure case to the Iowa Attorney General’s office. Developer Bob Knapp’s attorneys or representatives did not appear at the meeting. The Iowa Department of Natural Resources has accused the building developer, Bob Knapp, and his crews of violating a number of regulations whose purpose is to protect workers and the public from the hazards of asbestos. Asbestos fibers can become airborne and be inhaled by people in the area. Inhaled asbestos fibers have been implicated as the only known cause of mesothelioma, a deadly cancer that affects the lining of the lungs, the heart or the abdominal cavity. Knapp and his company are remodeling the upper floors of the Equitable building in downtown Des Moines into condominiums. The DNR has assessed multiple incidences of noncompliance with federal and state regulations regarding the handling and removal of asbestos containing materials against Knapp and his contractors. The DNR can assess fines of up to $10,000 per incident, but in this case the agency and the DNR lawyers feel that a higher fine is warranted. The Attorney General’s office could conceivably assess fines of up to $10,000 per day for every day a violation occurred. The AG’s office seldom assesses fines for each day of a violation, but the option exists. Meanwhile, tenants in the Equitable Building are upset that the Iowa DNR did not inform them that asbestos had been found in the building. John Bouslog, a partner in a law firm that has been a tenant of the building for several years, said that every tenant in the building is very very disappointed that the notification of asbestos’ presence was delayed for nearly four months. “We have one secretary who is pregnant,” he said. “Is she in jeopardy? Is the baby in jeopardy? I hope not.” Bouslog made the comments during the public hearing part of the commission’s meeting. He, along with other tenants, asked the commission to find out why the Department did not inform the tenants of potential asbestos problems. Knapp’s lawyers will appear before the commission this afternoon. Bouslog said that an air sample was taken in the building and showed no asbestos. However, another tenant on a different floor hired an independent laboratory to check for asbestos. Those tests came back positive. Asbestos exposure can lead to mesothelioma, lung cancer, asbestosis and other illnesses and health conditions decades after the exposure happens. It’s not unusual for older buildings to have asbestos containing materials. Asbestos was used in everything from pipe insulation to floor tiles. While asbestos presents no danger as long as the materials in which it is contained are in good repair, asbestos fibers can become airborne when those materials are damaged. For that reason, states and federal agencies have strict regulations regarding notifications and inspection to reveal the presence of asbestos when older buildings are being renovated or demolished. (Source: Asbestos and Mesothelioma News)

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