ASBESTOS DEMOLITION AND RENOVATION PENALTY ...

ASBESTOS DEMOLITION AND RENOVATION PENALTY GUIDELINES
This section of the General Air Penalty Guidelines provides guidance in determining penalties for
violations of DEP’s asbestos regulations. Asbestos violations are not specifically covered under the
Environmental Litigation Reform Act (ELRA). The settlement process in Directive DEP 923 and these
guidelines should be used to determine any penalties associated with asbestos violations. A penalty
should be calculated for every violation that constitutes an independent and substantially distinguishable
violation. One activity or omission can result in more than one violation. On the other hand, if there is
only one activity or omission that serves as the basis for several violations, but the violations have the
same or potentially the same impact on the environment, only one penalty should be calculated.
Guidance is provided in Directive DEP 923 for determining the potential for harm and economic benefit
of asbestos violations. Due to the unique aspects of asbestos violations, the adjustment factors in
Directive DEP 923 should always be considered in all penalty calculations. When initiating an asbestos
penalty calculation, it is recommended to start at midrange of the penalty amounts and then consider
potential for harm, economic benefit and adjustment factors. When asbestos violations cannot be settled
through the administrative process, the violations should be referred to the DEP Office of General
Counsel (OGC) for appropriate resolution.
A. Asbestos Notification
Notification violations should not be assessed multi-day penalties.
1. Failure to provide an asbestos notification and substantive compliance is not demonstrated:
First Violation: $2,000 - $6,000
Second Violation: $5,000 - $8,000
Third and Subsequent Violation(s): $7,000 - $10,000
2. No notice but probable substantive compliance:
A first time non-notification violation for demolition by owner with probable substantive
compliance could be resolved with the penalty as low as $0.
First Violation: $1,000 - $4,000
Second Violation: $3,000 - $7,000
Third and Subsequent Violation(s): $6,000 - $10,000
3. Late, Incomplete or Inaccurate Notice.
For each notice, select the most appropriate dollar figure that applies from the following
information.
(a) Notice lacks job location and/or asbestos removal start and completion dates: $800 - $1,600.
(b) Failure to identify on the notice the accurate amount of asbestos material affected by the
renovation or demolition: $500 - $800.
(c) Notice submitted while asbestos removal is in progress: $500 - $800.
(d) Failure to update notice when the amount of asbestos material affected by the renovation or
demolition changes by at least 20%: $500 - $800.
(e) Failure to provide telephone and written notice when start date changes: $500 - $800.
4. All other notification violations should be assessed a $500 penalty.
B. Waste Shipment Violation
Waste shipment violations should not be assessed multi-day penalties except for waste shipment
vehicle marking which should be assessed a penalty per day of shipment.
1. Failure to maintain records which precludes discovery of waste disposal activity: $500 - $800.
2. All other waste shipment violations should be assessed a $500 penalty.
3. Failure to mark waste shipment vehicle during loading and unloading per day of waste shipment:
$50-$180.

C. Work-Practice, Emission or Other Violations
Multi-day penalties are appropriate when daily advantage is being gained by the violator for an
ongoing, egregious violation. Circumstances where multi-day penalties are appropriate include when
the violator knew of the violation after the first day it occurred and either failed to mitigate the
violation or took action that resulted in the violation continuing. An economic benefit being gained
from an ongoing violation is another circumstance that could involve the use of multi-day penalties.
The penalties should be calculated by multiplying the appropriate daily penalty or a part thereof by
the number of days of noncompliance. Adjustment factors, such as good faith/ lack of good faith,
may be used to calculate the daily penalty.
1. Economic Benefit Component
It is DEP's policy to ensure future compliance by eliminating as much of the economic benefit of
violations by adding an economic benefit of non-compliance, where appropriate and practical, to all
civil penalty calculations. Penalties should be calculated in an amount sufficient to ensure future
compliance.
For asbestos on pipes or other facility components: - $20 per linear, square or cubic foot of asbestos
for any substantive violation.
For any significant economic benefits the District staff should request that OGC or a DEP financial
analyst assist in the development of an appropriate economic benefit penalty amount.
2. Environmental Harm Component
Total
amount of
asbestos
involved
1 st Violation
Each
add. day
2 nd Violation
Each
add. day
3 rd and
Subsequent
Violations
Each
add. day
< 10 units
$500 -
$2,500
$200
$2,500 -
$6,000
$600
$6,000 -
$10,000
$1,000
>10 units
< 50 units
$1,000 -
$4,500
$400
$4,000 -
$7,500
$800
$7,000 -
$10,000
$1,000
> 50 units
$2,500 -
$6,000
$600
$5,000 -
$8,500
$1,000
$7,000 -
$10,000
$1,000
Unit = 260 linear feet, 160 square feet or 35 cubic feet - if more than one unit type is involved,
convert each amount to units and add together.