M.J. Shelton General Engineering, Inc. Settlement
M.J. Shelton General Engineering, Inc. Settles for $10,000
In June 2020, the California Air Resources Board (CARB) reached a settlement with M.J. Shelton Engineering, Inc. (M.J. Shelton) of Chico, California, in the amount of $10,000. An investigation by CARB showed that M.J. Shelton failed to thoroughly inspect for asbestos and properly notify the United States Environmental Protection Agency prior to demolishing a residential facility in Butte County.
Asbestos is regulated federally under the Asbestos National Emission Standards for Hazardous Air Pollutants (Asbestos NESHAP) (40 C.F.R. §§ 61.140 et. seq.). California Health and Safety Code section 39658(b)(1) adopts the Asbestos NESHAP as an Airborne Toxic Control Measure (ATCM) (Asbestos NESHAP ACTM). The Asbestos NESHAP ATCM requires the owner(s) or operator(s) of regulated demolition or renovation activities to thoroughly inspect for the presence of asbestos prior to commencing activities which may disturb asbestos. The Asbestos NESHAP ATCM also requires the owner(s) or operator(s) of regulated demolition or renovation activities provide written notification of the intention to demolish or renovate a regulated facility at least ten (10) working days before work begins.
To settle the case, M.J. Shelton agreed to the $10,000 penalty.