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Suit claims demolition occurred prematurely
(by Joseph Koziol Jr. - October 07, 2010)
Suit claims demolition occurred prematurely
By JOSEPH KOZIOL JR.
The State of Ohio has sued a Newbury Township developer for improperly handling asbestos in the demolition of a building.
The lawsuit was filed Sept. 24 in Geauga County Common Pleas Court against Newbury Center LLC, Nacy Panzica, statutory agent, of Mayfield Village.
Ohio Attorney General Richard Cordray filed the lawsuit on behalf of the Environmental Protection Agency.
The lawsuit claims that demolition activities of a building prior to construction of the Newbury Center shopping center at Auburn and Kinsman (Route 87) roads were not handled properly.
Mr. Panzica did not return calls for comment.
The lawsuit says that the demolition occurred sometime in October 2005 at 1110 Kinsman Road, but did not take into account the "asbestos and-or friable asbestos material" in one of the buildings that was demolished.
"Defendant failed to provide prior notice of demolition operations, failed to inspect the facility for asbestos prior to beginning demolition, failed to remove all regulated asbestos-containing materials from the facility prior to demolition and failed to keep asbestos-containing waste material adequately wet," the suit said.
The suit said that failure to take these actions increased the risk to public health.
"Defendant has increased the risk to public health and environment by thwarting the ability of the Ohio EPA to ensure that the quality of the air of Northeast Ohio is protected," the suit said.
According to the suit, the amount of friable asbestos materials involved in the demolition operation consisted of "at least 35 cubic feet."
It lists four areas of noncompliance which each can carry a fine of up to $25,000 each day of the violation.
Attorney Thaddeus H. Driscoll, an assistant attorney general, said that the five-year lag between the alleged violations and the filing of the suit was the result of attempts at negotiations with Newbury Center.
He said those negotiations had been an attempt to file the legal action, but the lawsuit became necessary when those negotiations broke down.
Mr. Driscoll said he was not sure whether any health risks remained due to the alleged violations.
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