NEW YORK – The US Attorney for the Southern District of New York and the EPA have filed a civil lawsuit against Dover Greens, LLC, for violations of the Clean Air Act and EPA’s Emissions Standards for Asbestos during renovation of the former Harlem Valley Psychiatric Center in Wingdale.
Dover Greens is responsible for planning, overseeing, development and maintenance of the Olivet University campus.
The government said Dover Greens violated the Clean Air Act and National Emissions Standards for Asbestos when it failed to take the necessary precautions and follow the proper protocols pertaining to the removal, handling, and disposal of asbestos.
The asbestos regulation is designed to protect the public health by preventing exposure to airborne asbestos fibers during building demolition or renovations, waste packaging, transportation, and disposal.
Along with the lawsuit, the government has filed a consent decree, agreed to by Dover Greens, that resolves the violations through payment of a $575,000 financial penalty and the imposition of injunctive relief, including a requirement that Dover Greens provide medical monitoring to individuals potentially exposed to airborne asbestos fibers as a result of the violations.
The consent decree remains subject to court approval.
Dover Greens issued a statement that “For over six years Dover Greens has methodically worked with the EPA and other agencies to settle environmental issues that allegedly arose in October of 2013 as the cleanup work was performed in preparation for an event.”
The company said Dover Greens “has always strived to ensure that all of our workers, the public and the environment are fully protected against any unsafe or unhealthful conditions.” Their officials said for the last six years, “we have worked side by side, not only with the EPA, but with all state and federal agencies and we are grateful for the direction we have been given by them during this long journey.”
But, Dover Greens officials said “we are disappointed with EPA officials for discounting the Department of Justice’s policy against what is referred to as ‘piling on’.” That, they said, is the concern that a company could be held accountable to several regulatory bodies and be punished repeatedly for the same violations “that may exceed what is necessary to rectify the situation being addressed.”
Dover Greens officials said “the EPA has been punitive for the same conduct Dover Greens already settled four years ago, both monetarily and in practice, with OSHA and the Department of Labor.”
They said they settled, though, “because we philosophically agree with the goals of all the agencies we have dealt. It has been a core value of ours from the beginning to invest further into the safety and the protection of our workers, our residents, the public and the environment.”
