Violation Alert: Patten Town Faces Consequences Over Asbestos Removal Blunder

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News Summary

The Maine DEP issues a notice of violation to Patten for violation of asbestos management regulations during a demolition of a historic recreation center.

Violation Alert: Patten Town Faces Consequences Over Asbestos Removal Blunder

The Maine Department of Environmental Protection (DEP) has issued a notice of violation to the town of Patten, located in Penobscot County, due to serious missteps during the demolition of a historic recreation center. This demolition, which took place in April 2024, has raised numerous concerns as it was conducted without adhering to crucial asbestos management regulations.

Demolition in the Spotlight

The recently demolished facility on Founders Street, a former recreation center dating back to 1941, became the center of controversy when it was revealed that the town failed to comply with state safety protocols. The DEP’s investigation highlighted a series of violations, including the town’s failure to notify the DEP prior to commencing demolition work, thereby circumventing key safety measures designed to protect public health.

Serious Mismanagement

Among the infractions noted by the DEP were the town’s use of a non-licensed contractor for asbestos removal, which directly violates state law. The inspection and subsequent video conference involving town officials confirmed that proper work practices for asbestos abatement were not followed. Local officials disclosed that a survey conducted in January 2024 had revealed the presence of asbestos in both siding and parts of the recreation center, underscoring the potential health risks posed to residents during the demolition.

Consequence-Free For Now

Despite the gravity of these violations, the DEP opted not to impose any fines on the town at this stage. Instead, Deputy Commissioner David Madore indicated that corrective actions were necessary, emphasizing the importance of compliance with established state regulations. Furthermore, the DEP has a range of enforcement measures at its disposal, including posting warning letters, issuing formal notices, or pursuing legal action if compliance is not achieved promptly.

A Chaotic Scene

Witness reports from the demolition reveal a scene marked by chaos, with heavy machinery tearing down the structure and debris scattering throughout the area. Residents expressed concern for their safety as the risks associated with airborne asbestos became apparent.

Accounting for Actions

Gregg Smallwood, chair of the Patten Select Board and a local construction company owner, was deeply involved in the demolition process, which had been previously recommended by former Select Board Chair Cody Brackett. Smallwood claimed in the video conference that he had removed the asbestos and stored it securely prior to demolition, though the DEP’s findings indicated otherwise, as Smallwood lacks the qualifications or licensing to execute such asbestos work in Maine.

Future Compliance Required

With the DEP’s notice of violation in hand, the town of Patten is now under pressure to develop a plan for all future property demolitions. This plan must be compliant with state regulations, including the necessity to engage a licensed asbestos removal contractor. Town officials have been granted a six-month period for compliance, during which they are also required to inform the DEP about their next steps within ten days of receiving the notice.

Potential Ramifications

Should the town of Patten delay or fail to cooperate with the DEP’s requirements, additional enforcement actions could be on the horizon. Local officials are aware that sustaining compliance with asbestos protocols is critical not just for regulatory reasons, but for the health and safety of Patten residents. The message is clear: mismanagement in asbestos abatement may lead to severe consequences and a determined focus on ensuring resident safety in the future remains paramount.