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A District of Columbia businessman faces fines and jail time for renovating a historic Capitol Hill house without addressing the risk of asbestos exposure.
James Powers pleaded guilty to criminal violations of the Clean Air Act after allegedly scheming to conduct improper asbestos removal from a historic Capitol Hill property, according to a press release by the U.S. Attorney’s Office for the District of Columbia.
“James Powers put a work crew and the public at risk by not taking the proper steps to safely renovate a building containing asbestos,” said U.S. Attorney Channing D. Phillips of the District of Columbia.
“This prosecution holds this businessman accountable for his recklessness and shows we will enforce laws that protect the health and safety of workers and citizens in the District of Columbia,” Philips said.
The house, which dates from 1797, was known for decades as the Friendship House, home to a public interest organization that helps families in the District of Columbia get out of poverty.
The current renovation project will convert the property into a condominium development known as the Maples.
Prosecutors Say Businessman Ignored Risk of Asbestos Exposure
According to the U.S. Attorney’s Office, Powers partnered with other developers in 2010 to purchase and renovate the house.
When asbestos was found in the building, Powers allegedly offered his partners a contract for asbestos abatement from a fictional company.
That company turned out to be nothing but an alter ego for Powers himself, the U.S. Attorney’s Office said
All demolition and removal of debris at the property, including asbestos, was purportedly conducted by a contractor from Georgia who had no training, certification or experience in asbestos abatement.
The contractor removed the asbestos despite the fact that asbestos removal was specifically excluded in his contract.
A separate waste removal company hauled the construction debris from the job site.
Powers allegedly failed to inform that company that the debris contained asbestos.
The asbestos-laced debris was dumped at a facility that was not qualified to receive waste asbestos.
Under the federal Clean Air Act, renovations in properties that contain asbestos must follow specific procedures designed to safely remove the material, protecting both renovation workers and future occupants of the building from asbestos exposure.
Powers’s sentencing is scheduled for December 16, 2016. He could serve as much as five years in jail on top of having to pay financial penalties.
The Georgia contractor who actually removed the asbestos also pleaded guilty to one count of negligent endangerment under the Clean Air Act. He could face up to one year in prison plus financial penalties.
Fortunately, the risk of asbestos exposure at the Maples has been taken care of. A licensed asbestos abatement contractor was later hired to remove the remaining asbestos, and subsequent inspection found the Maples to be asbestos-free.
Asbestos used to be a widely-used ingredient in many construction materials, particularly insulation and fireproofing materials.
Today asbestos is a known carcinogen linked to mesothelioma and asbestos lung cancer.
Disturbing the asbestos in construction materials can release fibers of the material into the air, creating a risk of asbestos exposure for building occupants.
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