New York Asbestos Remediation Firm Indicted

On June 15, a federal grand jury seated in the Western District of New York State handed down a 15-count indictment to Keith Gordon-Smith (51, of Rochester) and his asbestos remediation firm, Gordon-Smith Contracting, Inc., for violations surrounding asbestos removal at various Rochester, N.Y.-area sites.

The indictment charges that Gordon-Smith required employees to remove asbestos from schools and a Rochester hospital without: providing prior notification to the U.S. Environmental Protection Agency, or EPA (the agency charged with regulating asbestos removal); giving false information to an inspector from the U.S. Department of Labor's Occupational Safety and Health Agency (OSHA); providing false notification to the EPA; attempting to conceal the illegal aspects of asbestos removal from various federal agencies; and failing to keep the asbestos wet during removal and disposal to insure particles were not released into the air.

The essence of the indictment highlights violations of the Clean Air Act, submitting false statements and obstruction of justice.

The EPA's Clean Air Act mandates certain procedures before, during and after asbestos remediation, including property inspection prior to removal or renovation and sampling of any potential asbestos-containing products. Next is notification, 10 days prior to any activity. During renovation or removal, at least one member of a work crew, preferably a foreman or manager, must be trained in asbestos-abatement regulations. Removed asbestos-containing materials must be kept wet to prevent dispersal of asbestos particles, disposed of in approved bags or containers designated with the name of the approved waste disposal location, and accompanied by an asbestos-trained representative. Records of such disposal must be kept for two years. Remediation workers must be provided with, and wear, appropriate protective gear, and air sampling done on both a daily basis (in some states) and at the end of the project. This is called "clearance air sampling".

The case is being prosecuted by the U.S. Attorney's Office (Western District of New York) and the U.S. Department of Justice's Environmental Crimes Division. After Gordon-Smith has the criminal compliant read to him in court (the arraignment), a public notice will be posted in the Rochester Democrat and Chronicle notifying any persons who might have been exposed to asbestos in the various renovation venues of their right to pursue action via a website established for that purpose, as well as through a phone number to the U.S. Attorney's office.

These venues include: Bloomfield Elementary School (anytime after June 21, 2006); the Hastings Center for Academics at Roberts Wesleyan College (after October 15, 2007); and the west wing of the former Genesee Hospital (after January 1, 2007). Genesee Hospital was purchased by Buckingham Properties during the summer of 2006.

Asbestos is a crystalline-type mineral found in rock formations. Used in hundreds of products like insulation, floor tiles, tile adhesives and caulks up until 1989, when the EPA limited its use to one percent of product by volume, it forms needle-like fibers that, once inhaled or ingested, remain in the body for a lifetime, sometimes creating lesions that lead to cancers. One of the most lethal forms is mesothelioma, a cancer of the mesothelial lining of the lungs and/or digestive tract that typically lies dormant for several decades before producing notable symptoms. Once diagnosed, however, patients are rarely given more than a year to live. Asbestos also causes asbestosis, a chronic and highly debilitating respiratory disease.

If convicted, Gordon-Smith faces a maximum penalty of up to 20 years in prison and a fine of up to $250,000 for each count.

Sources: RNews.com, Nebraska Dept of Environmental Quality, University System of Georgia

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