A lawsuit was filed by the Arizona Department of Environmental Quality (ADEQ) following several alleged violations at Iron King landfill in Dewey-Humboldt, Arizona.
The alleged violations date back to 2005 and range from accepting non-permitted waste to asbestos concerns following building demolition near the landfill in 2007 and 2008. ADEQ notes that proper permits and safeguards were not obtained or followed to properly contain asbestos fibers.
Exposure to asbestos has been linked to a myriad of health conditions such as lung cancer and mesothelioma. Patients with mesothelioma, a rare, aggressive cancer, often do not demonstrate symptoms of the disease until 20 to 50 years after initial asbestos exposure occurred. This can allow the cancer to spread, entering later stages of development. For this reason, a mesothelioma prognosis is often poor.
Though the extent of asbestos exposure is unknown by ADEQ, several inspections noted that the debris from the demolished building containing asbestos was not wet or covered in effort to prevent the toxic fibers from becoming airborne where they can become inhaled or ingested.
“That’s one of the reasons we brought the lawsuit,” said ADEQ Acting Director Patrick Cunningham. “For years ADEQ has tried to work with the company to bring it into compliance with the standards that protect human health and the environment in Arizona.”
The lawsuit is filed against a company owned by Clayton and Warren Kuhles, though the brothers say the violations are the fault of Kserv LLC, the company that operated the landfill. Clayton stated he and his brother were the landlords and were only 20 percent owners in Kserv LLC.
Clayton said he was initially unaware of the federal and state laws prohibiting building demolition prior to surveying for asbestos. Though demolition ceased when ADEQ filed an order, Clayton said “sometimes it’s hard to keep things wetted 24/7.”
ADEQ is requesting that the Kuhles face fines of $25,000 per day since June 2007 and $10,000 per day since February 2008.
In addition to asbestos concerns, ADEQ alleges that the Kuhles accepted non-permitted waste at the landfill. The site’s permit only allowed construction debris, and items such as the tires and household waste accepted should not have been permitted.
ADEQ also alleges that the Kuhles closed the landfill without a required closure plan, did not monitor methane and groundwater regularly and failed to maintain a bond to cover expenses associated with long-term monitoring.
“The violations alleged in this complaint represent an unnecessary and highly dangerous disregard for the health of the Dewey-Humboldt community,” said Arizona Attorney General Terry Goddard.
Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.