[ADEQ Media] ADEQ Files Civil Complaint Against Kuhles Capital, LLC for Asbestos Violations at Dewey-Humboldt Facility

[media@lists.azdeq.gov]

ADEQ Files Civil Complaint Against Kuhles Capital, LLC for Asbestos
Violations at Dewey-Humboldt Facility

PHOENIX (April 3, 2009) - The Arizona Department of Environmental
Quality (ADEQ) and the Arizona Attorney General's Office have filed a
civil complaint in Maricopa County Superior Court against Kuhles
Capital, LLC for alleged violations that occurred at its landfill
located near Dewey-Humboldt in Yavapai County. 

The 10 counts against the company include failure to perform a thorough
asbestos survey before beginning demolition activities; handling
regulated asbestos-containing materials improperly, such as not removing
them from structures before demolition or disposing of the materials as
soon as practical; and failure to have at least one on-site employee
trained in asbestos removal regulations. 

In July 2007, the company began to close its landfill and demolish
structures on its site. ADEQ issued an Order of Abatement in February
2008 to stop the demolition because samples taken by ADEQ inspectors
tested positive for asbestos-containing material in siding material,
roofing paint, and floor tile at the facility. Federal law requires
regulated asbestos-containing material to be wetted and covered, which
inspectors did not observe during two subsequent visits. The company has
not fully complied with the Abatement Order. 

ADEQ's complaint addresses other violations by the company, including
accepting unpermitted wastes such as household waste and tires into its
landfill; and failure to monitor groundwater and landfill gas, to submit
a landfill closure plan to ADEQ, or to  maintain financial assurance for
monitoring the landfill after closure. 

"For years ADEQ has tried to work with the company to bring it into
compliance with the standards that protect human health and the
environment in Arizona," says Patrick J. Cunningham, ADEQ's acting
director. "We are left with no choice but to pursue this action."

"The violations alleged in this complaint represent an unnecessary and
highly dangerous disregard for the health of the Dewey-Humboldt
community," Attorney General Terry Goddard said. "I am committed to
working with ADEQ and local environmental enforcement agencies to
maintain the healthy environment and quality outdoor lifestyle that
attract so many to Arizona."

Asbestos is known to cause cancer and respiratory diseases in humans.
There is no known safe exposure level to asbestos. The greater the
exposure, the greater the risk of developing an asbestos-related
disease. 

ADEQ issued a Compliance Order in 2005 to stop the company from
accepting unpermitted waste, and a Notice of Violation in 2006 because
the company failed to conduct waste screening and removal as required by
the Compliance Order. An Order of Abatement was issued to Kuhles Capital
in 2008 regarding failure to comply with asbestos regulations.

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News media interested in additional information on this or any other
topic concerning the Arizona Department of Environmental Quality should
contact the Office of Communications at (602) 771-2215 or via email at
communications@azdeq.gov.

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