On February 24, Department of Natural Resources inspector Tom Wuehr claimed that improper removal of asbestos-containing material had occurred at the former Younkers building, causing Hansen Construction — the company in charge of overseeing the renovations — to cry foul.
The building, now known as the Flagship Building, is being converted into apartments, offices, and retail space. Conflicting reports from two environmental studies have made it unclear whether or not there was asbestos found in drywall on the fifth floor of the building; however, Hansen Construction has acknowledged that asbestos was indeed present at the site, but the company maintains that improper method was used to dispose of the hazardous material. Either way, proving that Hansen neglected to follow protocol for lawful asbestos abatement is impossible at this point.
Wuehr finds it suspicious that the asbestos-containing material had already been disposed of when he arrived at the site on Monday. Workers told him that waste had been removed from the fifth floor, an area that had previously tested positive for asbestos. Pete Walter, the president of REW Services—the company actually doing the renovation—insists that proper procedure was used during the disposal of the asbestos-containing drywall. “We can do our best but the wall is gone and the work is done,” Walter said of proving that no laws had been broken. “How do you show something that is no longer there? I don’t know.”
Wuehr believes that the company’s failure to follow the law was not deliberate, and has stated that the issue was minor. If it is determined that illegal abatement occurred, REW may be issued a notice of violation but would most likely not pay a fine. The state will look at REW’s reports and daily logs to substantiate the claim that the abatement was done properly.
Hansen Construction has filed a libel lawsuit against RedNet Environmental Services—the company that initially stated that asbestos had been mishandled—and Rob Knudsen, one of RedNet’s owners. “It’s not about money,” said Jeff Stone, an attorney for Hansen Construction. “It’s about silencing [Rob Knudsen] from spreading libelous statements.”
Despite being banned in the ’70s, asbestos continues to be routinely discovered in buildings being renovated or demolished. Stringent laws exist to ensure safe handling of the extremely hazardous material, which can lead to numerous respiratory health problems, including mesothelioma. Each year, approximately 3,000 individuals are diagnosed with mesothelioma.