Michigan Environmental Officials Investigate Kalamazoo Asbestos Case

Officials with the Michigan Department of Environmental Quality are investigating the case of the company owned by a Kalamazoo County commissioner who was cited for burning construction debris that contained asbestos. County Commissioner Jeff Balkema and his firm, Balkema Excavating, Inc., received citations from the state in May for their failure to tell DEQ officials of their plans to demolish a series of older, vacant residences before the buildings could be checked for asbestos. Department officials stated that companies engaged in tearing down such structures must meet federal guidelines and notify the proper agencies in order to check the debris for hazardous materials.

Members of the Pavilion Township Board of Trustees, who were also cited by the DEQ, claimed not to know about the rules. In a letter responding to the citation, Pavilion Township Supervisor Patrick White said that the members of the township board were unaware that, after the buildings were torn down that they were prohibited from burning the debris. According to Mr. White, Mr. Balkema also unaware of the legal ramifications of burning the debris. The Board of Trusteess has advised Mr. Balkema and his firm that no more of the remnants from the demolition should be burned. Mr. White assured DEQ officials that the township "has never intentionally violated any statute, rule or regulation."

Robert Christmas, an analyst with the DEQ, wrote the letter to Mr. White, Mr. Balkema and Ms. Luanne McClain, a member of the limited partnership that owned the demolished buildings. After his department received a complaint about the burning materials, the DEQ investigated the sites. Mr. Christmas' letter cited eight infractions of the National Emission Standard for Asbestos and the DEQ cited all three parties as being equally liable for the damages. According to state officials, the Office of Criminal Investigations and the Air Quality Division of the DEQ are still investigating the incident.

Mr. Christmas also stated that, in a telephone call on April 21, he informed Mr. Balkema that he should not burn any of the debris found at the demolition sites. However, when Mr. Christmas returned to the site two days later, he found that the sites had been demolished and burned.

In an interview with a local newspaper, Mr. White mentioned that the properties set for demolition were dilapidated and had been cited by the township's building inspector. Mr. White reiterated that township personnel took their cues from regulations regarding the safety and welfare of area residents and sought the demolition of the properties in question to tear down buildings that had long been considered community eyesores.

As a response to the DEQ citations, Mr. White proposed to the DEQ that Mr. Christmas address a group of Kalamazoo County supervisors to educate them on the best methods to follow asbestos remediation laws. Mr. White stressed that community leaders operated in ignorance of asbestos removal standards when the citations were issued and did not intend to circumvent current regulations. He also mentioned how other townships in the area could learn from the situation in Pavilion Township and such a discussion could help to prevent future incidents.

Mr. Christmas did give his presentation to the group last week during their monthly meeting in Comstock Township. Mr. Christmas told township leaders that, since the individual townships are frequently involved in both renovation projects and demolition jobs as needed, officials should understand the regulations regarding asbestos remediation and disposal.

Source: Michigan Live

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