2018/02/27 - OTHER - (NA) - Correspondence

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Page 2 Section NR 447.08(3) Wis. Adm. Code - Demolition and renovation; procedures for asbestos emission control. Failure to adequately wet when RACM is stripped during removal in renovation operations. CATH ACM was rendered friable (RACM) during demolition and there was no evidence of water being used during the demolition activities. Section NR 447.08 (6), Wis. Adm. Code — Control of Asbestos Emissions: For all RACM, including material that has been removed or stripped: (a) Adequately wet the material and ensure that it remains wet until collected and contained. No evidence of water used during demolition. Section NR 447.08 (8), Wis. Adm. Code — Control of Asbestos Emissions: No RACM may be stripped, removed or otherwise handled or disturbed at a facility regulated by this chapter unless at least one on-site representative, such as a foreman or management -level person or other authorized representative, trained in the provisions of this chapter and the means of complying with them, is present. No one trained in the provisions of the NR 447 was present during demolition from the demolition contractor Taylor Excavating. Section NR 447.13 (1), Wis. Adm. Code — Control of Asbestos Emissions: Each owner or operator shall discharge no visible emissions to the outside air during the collection, procession, packaging or transporting of any asbestos -containing waste material generated by the source. Emission controls were not used during demolition and ACM was still on site at the time of the November 29, 2017 inspection. Section NR 447.13 (2)(a), Wis. Adm. Code — Control of Asbestos Emissions: All asbestos -containing waste material shall be deposited as soon as is practical by the waste generator. Material containing asbestos was transported to property owned by Vasatka Enterprises Inc. and not to an approved landfill as required. Section 289.31, Wis. Stats. - no person may operate a solid waste facility or hazardous waste facility unless the person obtains an operating license from the department. Department records show that no operating licenses for either a solid waste facility or a hazardous waste facility, at the 26480 Lakeland Avenue location (former Webster Motel) and 9225 Black Brook Road location (where demolition waste was disposed), have been issued by the department. Section NR 500.06, Wis. Adm. Code — unless otherwise specified, no person may operate or maintain a solid waste facility without a license from the department. Department records show that no operating licenses for either a solid waste facility or a hazardous waste facility, at the 26480 Lakeland Avenue location (former Webster Motel) and 9225 Black Brook Road location (where demolition waste was disposed), have been issued by the department. We have scheduled the following Enforcement Conference to discuss these alleged violations with both of you in more detail: Conference Date: March 20, 2018 Conference Time: 1:00 P.M. Location: DNR SERVICE CENTER 810 W MAPLE ST SPOONER, WI 54801 We request you attend the Enforcement Conference as it is an important opportunity to discuss the circumstances surrounding the alleged violations and to learn your perspective on this matter. Please note that in an effort to encourage a candid and productive conversation, attendance is limited to you, your legal counsel, and others with the technical expertise necessary to understand, evaluate and correct the violation. A Department handout "Environmental Enforcement Conference" is attached to better help you understand the purpose of this type of meeting. The Department's enforcement decision will be based upon available information if you do not attend the Enforcement Conference.