March 11, 2008, Des Moines, Iowa – This week, the news hit that Des Moines developer Bob Knapp may face criminal brought by the Environmental Protection Agency following an alleged incident of asbestos mishandling at the Equitable Building.

State officials and EPA representatives discussed the case in a teleconference held last Thursday, and on Tuesday the Iowa Environmental Protection Commission voted unanimously to refer the case to the Iowa Attorney General’s office. The Attorney General’s office has the power to assign a fine of up to $10,000 per for each day on which asbestos violations occurred.

Knapp has been redeveloping the upper floors of the 84-year-old 19-storey Equitable Building, intending to convert the space into condominiums. However, the Iowa Department of Natural Resources has alleged that Knapp violated state asbestos safety regulations.

Use of asbestos in construction and renovation materials was widespread between the 1940s and 1980s. Older buildings that undergo renovation or demolition must be treated with caution due to the likelihood that asbestos is present.

According to state inspectors, however, Knapp’s work crews failed to dispose of asbestos-containing materials safely and properly. The Department of Natural Resources also alleges that Knapp’s crews illegally disposed of asbestos waste at the nearby Polk County landfill.

Polk County Landfill manager Mike Fairchild said that Knapp’s work crews have endangered workers and other landfill users by dumping friable asbestos at the site. Friable asbestos is easily crumbled, and fibers are likely to become airborne and inhalable.

Inhalation of asbestos fibers is known to be the sole course of mesothelioma and asbestosis. Both diseases are incurable, and mesothelioma, a rare and aggressive form of cancer, is particularly lethal.

State inspectors also claim that the crews failed to comply with other asbestos regulations. The crews allegedly did not inspect the premises for asbestos or remove the asbestos prior to remodeling.

Bob Knapp’s lawyer says that Knapp disagrees with claims laid by Department of Natural Resources inspectors. According to Knapp, the asbestos was cleaned up properly, and there were no incidents of asbestos exposure.

Equitable Building tenants aren’t convinced, particularly after DNR inspectors found asbestos debris and dust in areas of the building that weren’t being renovated.

According to John Bouslog, a partner in a law firm located in the Equity Building, tenants were not informed that asbestos may be an issue until four months after the Department of Natural Resources discovered the problems.

Bouslog has raised particular concerns about the DNR’s failure to inform tenants in light of reports that asbestos dust was found in other areas of the building, and following tests that indicated the presence of asbestos in at least one office in the building.

A law firm tenanted on the sixth floor of the Equity Building hired an independent laboratory to conduct air quality tests in their offices. The tests came back positive for asbestos.

Iowa DNR investigator Tom Wuehr says that positive asbestos tests mean visitors to the Equitable Building, as well as people who work in the building, may have been exposed to asbestos.

This entry was posted on Wednesday, March 26th, 2008 at 9:25 am and is filed under Asbestos Exposure, Asbestos Litigation, Iowa. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.