According to an article published in yesterday's East Oregonian, the Oregon Department of Environment Quality (DEQ) has issued a $23,704 penalty to Seven Lakes Development, LLC, a Wyoming corporation, for allowing unlicensed persons to perform an asbestos abatement project and openly accumulating asbestos-containing waste material, relative to the demolition of three vacant residential structures and a former laundromat owned by the company in southeastern Pendleton, OR.

This is the second fine issued by the DEQ for asbestos mismanagement in regard to this particular property. The first, a fine in the amount of $17,400, was issued to Hatley Construction, the company contracted by Seven Lakes to demolish the buildings on the lot. Hatley was fined for conducting an asbestos abatement project without a license and for openly accumulating improperly labeled and packaged asbestos-containing waste material. DEQ regulations require buiding owners to ensure that asbestos abatement projects are performed by licensed asbestos removal contractors, which Hatley wasn't.

Both Hatley and Seven Lakes are appealing the penalty, alleging that the DEQ has gone overboard in this case--overstepping its authority and double-dipping. Property owner Jim Whitney claims that Hatley was hired to remove residential buildings
(containing asbestos siding and tile) on a commericial lot and that there are different regulations that apply to asbestos abatement for residential and commercial buildings. Whitney also questions DEQ's motives in issuing a fine against Seven Lakes several months after the fine against Hatley.

In response the DEQ has stated that the fact that the buildings were residential is of no significance because once the asbestos is brought outside, or if asbestos siding is removed from the outside of the dwelling, DEQ regulations apply. Furthermore, the DEQ contends that the fines were issued separately because the issuing officer was out of the office for a period of time, otherwise Hatley and Seven Lakes would have been fined at the same time. Also, because Hatley complied with DEQ and hired a licensed asbestos remover to clean the site, there was less urgency to press the case while the officer was out of the office.

An attorney representing Seven Lakes and Hatley in its appeal stated that the case is "far from over" and that he "hopes to obtain validation for his clients through the appeal process."