Is a $48,805 Fine Justice When a Community Is Exposed to Asbestos?
Source: U.S. EPA Region 3 Consent Agreement & Final Order • Filed June 4, 2025 • Glenolden, PennsylvaniaWorkers with no asbestos training and no license ground, sanded, and cut confirmed asbestos-containing material on the balconies of a residential condominium complex in Pennsylvania, left the debris dry and loose across two buildings, dumped it in an open dumpster, and the EPA’s total response was a fine of $48,805 — split between two companies.
The Scene the EPA Inspector Walked Into
On July 20, 2022, a federal EPA inspector arrived at Contemporary Villages Condominiums, a residential complex at 100 East Glenolden Avenue in Glenolden, Pennsylvania. The inspector was there to verify compliance with the National Emission Standard for Asbestos, a federal rule under the Clean Air Act that exists because asbestos fibers, once airborne, cause mesothelioma, lung cancer, and asbestosis, diseases with no cure and with latency periods that can stretch decades.
What the inspector found was active renovation work in progress. Valcourt Exterior Building Services of NJ, LLC was on site, working on multiple balconies, performing exactly the kinds of activities, including sanding, grinding, cutting, and abrading, that the Asbestos NESHAP regulations are specifically designed to control. The material they were working on was dry. The debris from that work was dry. There was no water source on site: no hoses, no spray bottles, nothing.
The combined area of suspect asbestos-containing material involved in the renovation measured at least 1,068 square feet. Federal regulations trigger full hazardous material controls at just 160 square feet. These companies were operating at nearly seven times the threshold for mandatory asbestos safety protocols, with no controls in place.
The Dumpster That Says Everything
A Valcourt employee told the inspector directly that asbestos-containing panels removed from balconies had been placed in a dumpster on the property. The inspector went and looked. The entire contents of that dumpster, every piece of debris in and around it, was dry, loose, suspect asbestos material. No containment. No wetting. No proper disposal protocol. Just a dumpster sitting in the open at a residential property where people live.
Suspect asbestos debris was found scattered in and around Building C. More was found in and around Building D. When the inspector returned on August 17, 2022, pieces of suspect asbestos material were still on the ground near unit C-2, material that had clearly been sanded, ground, cut, or abraded. Three weeks after the first inspection, the problem had not been fully remediated.
The Lab Results Confirmed It: 9 Out of 11 Samples
At the end of the July 20, 2022 inspection, the EPA inspector photographed the scene and collected 11 samples of the suspect regulated asbestos-containing material. An EPA contractor analyzed those samples using Polarized Light Microscopy on August 3 and 5, 2022. The results came back on October 26, 2022.
Nine of the eleven samples tested positive: they contained more than 1 percent asbestos, the legal threshold for classification as a hazardous material. This was not a borderline result. The material that untrained workers had been dry-sanding and dry-grinding in an occupied residential complex was confirmed, federal-grade asbestos-containing material. The EPA concluded the material constituted “Regulated Asbestos-Containing Material” (RACM) under the law because it was Category I nonfriable material that had been subjected to sanding, grinding, cutting, and abrading.
Three Federal Violations. One Slap on the Wrist.
The EPA charged both companies with three distinct, documented violations of the Clean Air Act’s National Emission Standard for Asbestos. Each violation represents a separate, deliberate failure to follow rules that exist specifically to prevent human beings from inhaling carcinogenic fibers.
Count I was failure to provide written notice. Federal law requires at least 10 working days advance notice to the EPA before any asbestos removal work begins at a facility where the amount of material exceeds the regulatory threshold. When the inspector arrived on July 20, 2022, Valcourt and FirstService had provided no such notice. The work had started, the asbestos was already being disturbed, and the government had not been told.
Count II was failure to keep asbestos wet. Federal regulations require that all regulated asbestos-containing material be kept adequately wet throughout removal, stripping, and disposal. Wet material does not become airborne. The EPA inspector found dry asbestos debris throughout the site. There was no water source anywhere on the property. The companies failed to provide even a single spray bottle.
Count III was the most direct indictment of both companies. No RACM may be stripped, removed, or disturbed unless at least one trained, on-site representative who understands the asbestos regulations and how to comply with them is present. A Valcourt representative told the inspector, in plain terms, that none of the workers on site had asbestos training or a license to conduct asbestos removal activities. Not one.
The Non-Financial Ledger: What Money Cannot Measure
The people who absorbed the most risk from this situation were the workers themselves. Valcourt sent a crew of people to cut and grind asbestos-containing panels with their own hands, with their own lungs, without any training on what they were handling. They were not told the material was hazardous. They did not know the rules that existed to protect them. They were placed in close physical contact with a carcinogen by an employer who, per the EPA’s own findings, never bothered to check whether the people it employed for this job had any understanding of the danger they were walking into.
Asbestos is not a short-term hazard. Exposure does not produce immediate symptoms. Mesothelioma, the cancer most directly linked to asbestos inhalation, typically develops between 20 and 50 years after exposure. That means those workers have no way of knowing today whether the days they spent grinding dry asbestos panels in Glenolden in 2022 will eventually kill them. They carry that uncertainty forward for the rest of their lives. No settlement, no corporate fine, and no consent agreement gives them that back.
The residents of Contemporary Villages Condominiums also had no warning. People live in Buildings C and D. The EPA inspector found dry asbestos debris in and around those buildings, in open air, in the spaces where residents move through their daily lives. Asbestos fibers at the scale that causes disease are invisible to the naked eye. The residents could not see what was being released, could not smell it, could not feel it landing. Their only protection against a known carcinogen was a regulatory system that the companies involved chose to ignore entirely, and whose consequences, when they finally arrived three years later, amounted to less than the cost of a mid-range used car.
FirstService Residential MidAtlantic, LLC managed, operated, and supervised the facility where this renovation took place. The consent agreement is unambiguous on this point. The Community Manager, Robert Hinton, signed the agreement on FirstService’s behalf. The company that managed the daily life of this residential community, that was trusted by residents to maintain the property where they live, hired or permitted an unlicensed contractor to tear apart asbestos-containing building materials on the balconies above those residents’ homes. That is a betrayal of the most basic duty of care. And its formal consequence was a shared fine of $48,805 ($48,805 — roughly what a full-time minimum wage worker in Pennsylvania earns in four years).
Legal Receipts: Their Words, Not Ours
“During the July 20, 2022 Inspection, the EPA Inspector observed dry suspect RACM flooring debris while in place at the Facility during the stripping operation.” EPA Consent Agreement, Finding of Fact ¶46
“An employee or representative of Valcourt advised the EPA Inspector that suspect asbestos containing panels removed from balconies at the Facility had been put into a dumpster located at the Facility. The EPA Inspector found that all suspected asbestos and lead paint debris located in and around the dumpster was dry, suspect RACM debris.” EPA Consent Agreement, Finding of Fact ¶48
“Suspect asbestos and lead paint debris found in and around Building C of the Facility was found to be dry; There was no water source, including hoses or water spray bottles; and Suspect asbestos and lead paint debris was found in and around Building D of the Facility.” EPA Consent Agreement, Finding of Fact ¶49(b), (c), (d)
“An employee or representative of Valcourt informed the EPA Inspector that none of the workers conducting renovation activities and removal activities on balconies at the Facility had asbestos training or were licensed to conduct such activities at the Facility.” EPA Consent Agreement, Finding of Fact ¶50
“On July 21, 2022 Hillman Consulting was on site to perform testing of surfaces and materials suspected of containing hazardous materials. On July 26, 2022 Hillman Consulting reported their findings that both lead based paint and asbestos were present in the materials tested.” EPA Consent Agreement, ¶60 — quoting Respondents’ own December 1, 2023 letter to the EPA
Societal Impact: The Damage That Outlives the Fine
Public Health: A Carcinogen Released Into a Community’s Air
Asbestos is classified by the EPA as a hazardous air pollutant under the Clean Air Act precisely because it causes fatal disease when inhaled. The fibers released during sanding, grinding, and cutting of asbestos-containing material are microscopic. They lodge in lung tissue and do not break down. The diseases they cause, mesothelioma, lung cancer, and asbestosis, develop slowly and kill reliably. There is no safe level of asbestos exposure established by the EPA.
Both workers and residents faced exposure at Contemporary Villages. The workers faced direct, prolonged, close-contact exposure during the physical act of grinding and cutting. Residents faced ambient exposure through whatever fibers migrated from the active work areas on multiple balconies across two identified buildings, Buildings C and D. A follow-up inspection three weeks later confirmed that asbestos debris remained on the ground near unit C-2, meaning exposure risk persisted beyond the initial incident.
The consent agreement confirms that both lead-based paint and asbestos were present in the materials disturbed during this renovation. Lead exposure carries its own documented health consequences, particularly for children. This was a residential condominium complex with multiple units across multiple buildings. The population exposed was not a discrete group of industrial workers who signed up for occupational risk. It was a general residential community, including whoever happened to live in or around Buildings C and D in the summer of 2022.
Economic Inequality: The Fine That Protects Capital, Not People
The $48,805 ($48,805 — the equivalent of roughly one month’s salary for a mid-level property management executive) penalty is the entire financial consequence for three confirmed violations of federal hazardous material law at a residential property. The EPA’s own penalty calculation explicitly considered “the economic benefit of noncompliance,” meaning the government acknowledges that companies save money by skipping asbestos safety protocols. The fine is supposed to eliminate that economic benefit and deter future violations.
Proper asbestos abatement, meaning licensed contractors, full wet-down protocols, proper disposal, advance EPA notification, and trained on-site supervision, costs significantly more than sending an untrained crew to sand the balconies. The fine of $48,805 does not approach the cost of proper abatement for a project of this scale. A company that calculates its exposure as a sub-$50,000 penalty after the fact is a company that has every financial incentive to cut corners again on the next job.
The residents of Contemporary Villages are condo owners and renters. They are not executives. They did not make the decision to hire an unlicensed contractor. They did not decide to skip the wet-down protocols or the advance notice or the trained supervision. They simply lived in their homes. Yet they absorbed the health risk, the anxiety, and the lasting uncertainty of having been exposed to a known carcinogen, while the two companies responsible split a fine that neither will feel in their operating budget. The legal system resolved this matter in a way that fully protected both companies from meaningful financial consequence while the residents received nothing.