SDG&E Found Guilty Violating Asbestos Removal Standards
POSTED: 7:08 pm PDT July 13,
2007
SAN DIEGO -- A
federal jury in San Diego Friday found San Diego Gas & Electric
guilty of violating asbestos work practice standards relating to the
removal of asbestos from 9.23 miles of underground piping in Lemon
Grove. SDG&E was also found guilty of one count of making false statements.
Kyle
Rhuebottom, the project manager for the prime contractor on the site of
the former Encanto Gas Holder Facility, and David "Willy'' Williamson,
an SDG&E environmental specialist, were each found guilty of one
count of violating asbestos work practice standards. According
to Assistant U.S. Attorney Melanie K. Pierson, the evidence at trial
established that SDG&E, Williamson, and Rhuebottom violated the
asbestos work practice standards of the Clean Air Act in the removal of
the asbestos at the Encanto site in 2000-01 in order to save time and
money. The jury found SDG&E employee Jacquelyn McHugh not guilty of that charge. "SDG&E
put the public at risk by improperly removing more than 40,000 linear
feet of potentially cancer-causing asbestos,'' said Granta Nakayama,
the EPA's Assistant Administrator for Enforcement and Compliance
Assurance. "Today's convictions show that financial gain will not come before one's obligation to obey the law.'' SDG&E
Vice President of Environmental Safety and Facilities Bret Lane issued
a statement expressing disappointment over the verdicts. The company
plans an appeal "based upon the lack of evidence and a number of
rulings by the court that we believe resulted in prejudice to SDG&E
and our employee, the defendants,'' Lane said. "This was
an unjust prosecution against our company and employees who were
diligently doing their job and following the law,'' Lane said.
"Extensive air and soil testing by state, county and private experts
never detected a single fiber of asbestos in the air or soil at the
site and demonstrated that public health was never at risk.'' According
to court documents, in January 1998, an analysis of a sample of the
coating of the underground piping at the Encanto facility indicated
that the coating was regulated asbestos-containing material. A
consultant hired by SDG&E reached the same conclusion. SDG&E
subsequently entered into a tentative agreement for the sale of the
Encanto facility, and in June 2000, the utility began soliciting bids
from contractors to handle demolition and the removal of the
underground piping. SDG&E began removing the pipe wrap without treating it as regulated asbestos containing material. The
jury found that SDG&E, Rhuebottom and Williamson left the Encanto
facility without properly ensuring that the uncontained regulated
asbestos containing material was placed in a leak-proof container. Jurors
also found that SDG&E failed to provide adequate notice in advance
of the asbestos removal, failed to adequately wet the asbestos during
removal, and falsely claimed that an SDG&E employee was a certified
asbestos consultant. The defendants are scheduled to appear before U.S. District Judge Dana Sabraw Sept. 6 for further proceedings.
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