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Dutchess County-based Dover Greens, the company tasked with developing the former Harlem Valley Psychiatric Center in Wingdale, was charged with violating the Clean Air Act and EPA’s National Emissions Standards for Asbestos during renovations at the facility, U.S. Attorney Geoffrey Berman announced.
It was alleged that Dover Greens failed to take the necessary precautions and follow the proper protocols pertaining to the removal, handling, and disposal of asbestos in October 2013.
In response to a lawsuit filed in the Southern District of New York, Dover Greens agreed to pay $575,000 to resolve the violations and will pay to provide medical monitoring to those potentially exposed to airborne asbestos fibers as a result of these violations.
Berman said Dover Greens committed the violations while working to complete renovations at the facility in advance of a fundraiser they were scheduled to host.
“Despite knowing that it was required to comply with asbestos safety regulations, Dover Greens conducted renovations in flagrant violation of those regulations, risking the health of members of the public and workers at the facility,” Berman said. “The consent decree ensures that Dover Greens will protect people from asbestos exposure in its further work on the campus and provides medical monitoring for individuals who may have been exposed to asbestos due to Dover Greens’ conduct.
“By requiring Dover Greens to pay a substantial penalty, we have sent a strong message that this conduct will not be tolerated.”
The complaint alleged that Dover Greens knew that its buildings contained asbestos and that asbestos work practice regulations must be followed. However, it repeatedly failed to comply with those regulations during renovations, including failing to inspect the campus.
The company also admitted that it failed to dispose of asbestos at a proper disposal site, failed to seal all asbestos-containing materials in leak-tight containers and subjected employees, contractors and others at increased risk to asbestos exposure.
In a statement, Dover Greens officials said “in the end, we decided to settle with the EPA because we philosophically agree with the goals of all the agencies we have dealt with. It has been a core value of ours from the beginning to invest further into the safety and the protection of our workers, our residents, the public and the environment.”
EPA Regional Administrator Peter Lopez added, “we are determined to protect public health and the environment. The Clean Air Act and EPA’s National Emissions Standards for Asbestos have been set in place to do just that. This settlement sends the important message that we will not allow groups or individuals to skirt the law and put people at risk.”
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