AZ Dept. of Environmental Quality Files Asbestos Lawsuit

The Arizona Department of Environmental Quality has filed a lawsuit against a company over 10 alleged violations at a landfill site in Dewey-Humboldt.

Many of the alleged violations relate to demolitions in 2007 and 2008 where structures near the landfill that contained asbestos were destroyed without the proper permits and safeguards.

Other allegations relate to the landfill itself, which operated from 2002-2005.

The Arizona Department of Environmental Quality (ADEQ) accuses the owners, brothers Warren and Clayton Kuhles of accepting non-permitted waste at the landfill, which was allowed to accept only construction debris.

In addition, the Kuhles closed the landfill without a required closure plan and failed to monitor the groundwater and methane regularly.

“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,” ADEQ Acting Director Patrick Cunningham said in a Monday press release. “We are left with no choice but to pursue this action.”

ADEQ is unable to tell to what extent of the asbestos-related damage may be. Asbestos, which can become airborne and lodge in the lungs, is a known carcinogen. Asbestos inhalation is linked to lung cancer and mesothelioma.

Asbestos can be contained and disposed of if immersed in water and sealed off. But during several inspections in 2008 and 2009, the building debris containing asbestos was not wet or covered to prevent it from becoming airborne.

The Kuhles’ face the potential for massive fines. ADEQ is asking the court to find the brothers up to $25,000 per day since June 2007 and $10,000 per day since February 2008.