2018/10/17 - OTHER - (NA) - Correspondence

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State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 107 Sutliff Avenue Rhinelander WI 54501-3349 October 12, 2018 Timothy Vasatka Vasatka Enterprises, Inc. PO Box 156 Webster, WI 54893 Michael O. Taylor Taylor Excavating Inc. 5926 State Road 70 Webster, WI 54893 Scott Walker, Governor Daniel L. Meyer, Secretary Telephone 608-266-2621 Toll Free 1-888-936-7463PDEPT. NSIN TTY Access via relay - 711 NATURAL ;RESOURCES 2018-NOEE-Webster Motel Burnett County SUBJECT: ENFORCEMENT CONFERENCE FOLLOW-UP AND NOTICE OF VIOLATION CLOSEOUT Dear Mr. Vasatka and Mr. Taylor: Representatives for the Department of Natural Resources (department) and Burnett County met in person with Mr. Taylor on March 20, 2018 and by phone with Mr. Vasatka and Mr. Germer in person on April 30, 2018. The purposes of these conferences with both of you was to discuss the February 27, 2018 Notice of Violation (NOV) you both received regarding alleged violations of the department's asbestos regulations for the demolition and disposal activities, by property owner Vasatka Enterprises, Inc and demolition contractor Taylor Excavating, Inc., of the former Webster Motel located 26480 Lakeland Avenue, Burnett County, Webster, WI. The Department explained the purpose of the conference was to discuss and have a dialog concerning the alleged violations outlined in the NOV, explain and answer questions regarding the regulations, discuss the circumstances of the case, what actions, if any, have already been taken, what future actions will be taken to achieve compliance, the current status of the site, and possible enforcement consequences including referral to the Department of Justice and citations. During both conferences the department explained the asbestos rules and regulations and discussed the results of the department's November 29, 2017 inspection. The cement board and black mastic on the concrete pad of the motel site contained asbestos and must be abated, by a certified abatement contractor, and disposed of properly. The waste taken to Black Brook Road had asbestos containing waste mixed in with the other demolition waste and must be picked up and disposed of properly as well. Mr. Taylor explained the following on March 20, 2018: • As a usual business process, Taylor Excavating requires all abatement activities to be the responsibility of the building owner. This is stated in the usual Taylor Excavating contract for services. • Had given Mr. Vasatka a bid in early spring 2017. • Based on the bid, Mr. Vasatka did some of the demolition himself (taking out walls) to bring the cost down. • After the Village of Webster and Mr. Vasatka discussed the project, Mr. Vasatka contacted Mr. Taylor and indicated everything was in order to proceed with the demolition project. • The building was watered down while demolishing. • The demolished waste material in the dumpsters were watered down and tarped. • The motel building was demolished down to the concrete slab although some debris and waste materials remained on site. • The decision was made to transfer the demolition material to the Black Brook Road location until all material could be properly disposed. dnr.wi.gov S�PR(N E wisconsin.gov Naturally WISCONSIND P YIXED