Amanda Antell  |  November 8, 2017

Category: Consumer News

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Large yellow skip bin filled with building waste showing No Asbestos stickerAsbestos dumping is a major public health concern in the country, with nearby residents at risk for asbestos exposure. For this reason, there are federal regulations in place that contractors and city officials must follow when asbestos disposal is needed.

Even if a proper asbestos disposal container is used, it is illegal for asbestos dumping to be conducted if correct procedure is not followed. A recent example of asbestos dumping occurred in Montana, with an asbestos disposal company suing the state’s environmental officials for allegedly failing to adhere to properly respond to asbestos dumping health risks.

Butte-based Ingraham Environmental is named as the primary plaintiff in this asbestos dumping lawsuit. The company claims the state’s Department of Environmental Quality had ordered the deadly material to be dumped in landfills.

This asbestos dumping poses a serious public health risks to the landfill employees, with Montana’s regulations stricter than federal standards in terms of asbestos disposal.

The DEQ points out Montana’s asbestos disposal regulations require that the material be treated much more cautiously than ordinary waste, but the primary party responsible for compliance is the building owner. According to DEQ attorneys involved in this asbestos dumping lawsuit, this accountability could also apply to the landfill operators.

DEQ public policy director Kristi Ponozzo told the Great Falls Tribune the agency was working to address the allegedly illegal asbestos dumping. The agency has set up an asbestos advisory group to improve compliance with state and federal asbestos dumping last year.

However, the DEQ attorneys argued that they were not legally required to act more aggressively than they did when enforcing asbestos disposal requirements.

Overview of Asbestos Health Concerns

Montana has had a history of asbestos problems in the past, with the residents of Libby bearing the brunt of health problems related to asbestos exposure. Health officials stated that the asbestos fibers came from asbestos-containing vermiculite, which had allegedly resulted in the deaths of hundreds of residents and asbestos illness in others.

One of the primary concerns associated with asbestos exposure is asbestos lung disease, in which the fibers attach and embedded themselves into the lungs. After a long period of dormancy which can last up to 35 years, the fibers can potentially create inflammation which in turn can be the catalyst for cancer.

While the primary cause of lung cancer is smoking, approximately 4,800 deaths are caused by asbestos lung cancer each year. Asbestos is harmless when dormant, but can be potentially inhaled or swallowed once released into the air.

This makes asbestos disposal potentially dangerous to public health, which is why it is vital for officials and contractors to follow these regulations.

The vermiculite mentioned reportedly came from a W.R. Grace mine, which was used to produce Zonolite insulation for decades and was sold throughout the state of Montana and elsewhere.

According to the U.S. Environmental Protection Agency (EPA), over $575 million was spent cleaning up nearly 2,500 resident and commercial properties around Libby and nearby areas.

However, there has been little effort done to address other asbestos problems developing in the state. Ingraham alleges the illegal asbestos dumping is posing public health risks for employees working in the landfill, demolition or construction.

Ingraham further states that it wants DEQ to be held accountable for not allegedly not properly dealing this asbestos dumping.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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