GENERAL CONTRACTOR SETTLES ASBESTOS CASE FOR $60,000

Monterey, CA (3/13/2020) – Monterey County District Attorney Jeannine M. Pacioni announced today that her Environmental Protection Unit, in conjunction with the those of the Kern County and Sacramento District Attorney’s offices, entered into a stipulated judgment with Miller Pacific, Inc., for violations of the federal asbestos National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for demolitions and renovations. Miller Pacific, Inc., a Stockton-based general contractor, agreed to pay a total settlement of $60,000 in civil penalties and investigative costs. The settlement terms also include a permanent injunction.

Among other requirements, the asbestos NESHAP requires a thorough inspection for asbestos prior to commencing renovation or demolition work and notification to the applicable local air district before conducting demolition work. In 2017, Monterey Bay Air Resources District (“MBARD”) discovered that Miller Pacific, Inc. had conducted a remodel of a fast food restaurant in Salinas without first inspecting for asbestos, and without notifying MBARD prior to doing demolition work. MBARD’s and the People’s investigations revealed that Miller Pacific, Inc. had sometimes failed to comply with these requirements in other California counties, including Kern and Sacramento. Miller Pacific, Inc. was under the impression that it needed to comply with these requirements only if it was told to do so by local building departments.

Deputy District Attorney Dije Ndreu stressed that compliance with the asbestos NESHAP is mandated and independent from any local jurisdiction’s building permit requirements. Contractors who are unfamiliar with asbestos NESHAP requirements or have questions regarding compliance should contact their local air district. For the counties of Monterey, Santa Cruz, and San Benito, the local air district is MBARD. MBARD’s asbestos program can be reached at 831-718-8033.

Miller Pacific, Inc. cooperated with the District Attorney’s Offices in settling this matter.

Contact: Dije Ndreu, Deputy District Attorney Telephone: 831-647-7743; 831-647-7770 – People v. Miller Pacific, Inc.; 20CV000927

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