[ADEQ Media] Maricopa County Judge Enters $71, 100 Judgment Against Kuhles Capital for Violations at Dewey-Humboldt Facility

Fri Nov 13 13:05:39 MST 2009

PHOENIX (Nov. 13, 2009) - A Maricopa County Superior Court judge has
entered a $71,100 judgment against Kuhles Capital, LLC for illegally
disposing of asbestos-containing materials and failure to obtain an
aquifer protection permit required for solid waste disposal facilities
at its landfill in Dewey-Humboldt in Yavapai County.

The Arizona Department of Environmental Quality (ADEQ) and the Arizona
Attorney General's Office filed a civil complaint against Kuhles Capital
in April 2009 for 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 in siding material, roofing paint, and
floor tile at the facility. State and Federal law requires regulated
asbestos-containing material to be wetted and covered, which inspectors
did not observe during two subsequent visits.

ADEQ's complaint also addressed other violations, including accepting
un-permitted wastes such as household waste and tires into its landfill;
and failure to monitor groundwater and landfill gas, failure to submit a
landfill closure plan to ADEQ, and failing to maintain financial
assurance for monitoring the landfill after closure.

Maricopa County Superior Court Judge Michael Barth's ruling also orders
Kuhles Capital to comply with ADEQ's 2008 abatement order and to provide
the necessary closure and post-closure plans for the landfill including
proof of financial responsibility.

"The judge's ruling underscores the importance of pollution prevention
and careful management of asbestos and hazardous waste at landfills,"
ADEQ Director Benjamin H. Grumbles said. "ADEQ is committed to working
with businesses to reduce risks to Arizona's citizens and natural
resources and this ruling sends a strong signal that it doesn't pay to
put people and aquifers at risk."

"This case represented 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 landfill from
accepting un-permitted waste, and a Notice of Violation in 2006 because
the landfill failed to conduct waste screening and removal as required
by the Compliance Order.

-30-

"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
ms15@azdeq.gov."

To receive press releases by email: http://www.azdeq.gov/subscribe.html

Follow ADEQ on Twitter at: http://twitter.com/ArizonaDEQ

**********************************************************************
NOTICE: This e-mail (and any attachments) may contain PRIVILEGED OR CONFIDENTIAL information and is intended only for the use of the specific individual(s) to whom it is addressed. It may contain information that is privileged and confidential under state and federal law. This information may be used or disclosed only in accordance with law, and you may be subject to penalties under law for improper use or further disclosure of the information in this e-mail and its attachments. If you have received this e-mail in error, please immediately notify the person named above by reply e-mail, and then delete the original e-mail. Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.azdeq.gov/pipermail/media/attachments/20091113/6918521e/attachment.html>