State environmental regulators issued a notice of violation to a Penobscot County town this week after it allegedly failed to follow rules when it demolished an asbestos-laden building.
The Maine Department of Environmental Protection said that the town of Patten violated several asbestos management regulations when it tore down the historic recreation center on Founders Street in April.
Following an onsite inspection and a video conference call with town officials, the DEP issued the notice of violation on Tuesday.
The town’s violations include not notifying the DEP prior to demolition, not using a state-licensed asbestos removal contractor and failing to use proper asbestos abatement work practices.
“The DEP is requiring Patten to take corrective actions but did not impose a fine,” said Deputy Commissioner David Madore on Friday.
Town officials told DEP investigators in the late April video conference call that a January 2024 survey identified asbestos in the siding and sections of the building.
Town Manager Gail Albert said on Friday that she was in the process of collecting information on the matter and would be available for comment early next week.
The DEP has several options for handling violations of asbestos removal rules, including sending a letter of warning, issuing a notice of violation, reaching an administrative consent agreement, going through a court process known as an 80K action or referring the case to the Maine attorney general’s office.
A notice of violation is issued when a significant violation exists and there is a high probability of future civil enforcement action, according to the DEP.
The notice must be issued prior to initiating nearly all other civil enforcement actions, and if the party does go through with the corrective action identified in the notice, it still could be subject to additional enforcement or remediation requirements, according to the state.
In April, several Patten residents were alarmed as they watched two excavators crush the town’s 1941 recreation center, collapsing the roof and spewing boards, tiles, siding, insulation and other debris.
It appears that Patten Select Board Chair Gregg Smallwood, who owns a construction company, carried out at least some of the work on the demolition.
Smallwood told DEP investigators in an April 26 video conference call that he removed the asbestos from the building and stored it in barrels prior to the building’s demolition.
More than two years ago, during a meeting on Oct. 21, 2022, then-Select Board Chair Cody Brackett recommended having Smallwood, who was the board’s vice chair at the time, excavate the building after its contents were removed, according to town minutes.
After the demolition, Smallwood declined to discuss it when reached by the Bangor Daily News.
“The building is gone and I don’t want to talk to you about it,” he said in April. “The DEP was here and it’s all taken care of.”
In the DEP’s notice of violation, officials said that Smallwood was “not a licensed or certified individual to perform this regulated work in the state of Maine.”
Officials also wrote that they had “no record of notification for this demolition job and proper work practices such as a regulated area, signs and decontamination unit were not present on the site.”
Under the terms of the notice, the town must implement the state’s regulatory requirements for all future asbestos abatement projects with a licensed contractor. Additionally, within the next six months, the town is required to develop a plan, along with the state, for future demolition of town properties, according to the violation notice.
The town is also required to comply with the corrective measures and contact the DEP case manager within 10 days of receiving the notice. If local officials do not cooperate or act in a timely manner, they are subject to further enforcement actions, according to the DEP.
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