Mesothelioma Blog

A former property manager and the New York residential cooperative he oversaw charged with illegally removing and disposing of materials containing asbestos.

In a triumphant victory for mesothelioma justice, the case against Parkway Village and George Halpin took a bold move forward when Benton Campbell, United States Attorney, announced conspiracy charges against the residential cooperative and Halpin.

Allegedly, Parkway Village employed a number of handymen between 2002 and 2006 to remove water pipe insulation at the cooperative without providing the workers with proper training or safety equipment. The water pipe insulation, installed when the buildings were completed in the late 1940’s, contained asbestos, a tough fibrous mineral that causes lung diseases, including a deadly form of cancer, mesothelioma.

The charges state that as property manager, Halpin, along with a maintenance supervisor, Layton Cervantes, had full knowledge that the workers were untrained for abatement work. Furthermore, Parkway Village, Halpin and Cervantes were aware that the workers simply buried the materials on the grounds of the cooperative. Halpin and Parkway Village were charged with conspiracy to violate the Comprehensive Environmental Response, Compensation and Liability Act. Cervantes was charged with conspiring to violate the Toxic Substances Control Act.

If convicted of the charges, Halpin faces up to five years in prison. Parkway Village could be fined $500,000 or the amount of financial gain it enjoyed by endangering the health of its workers and the health of the residents of the facility, whichever is greater.

The scheme to violate abatement laws and thereby expose workers and residents to the threat of mesothelioma was revealed when two former employees of the cooperative came forward in 2006 with information about the illegal removal and disposal of asbestos materials. Following a search of the property by the Environmental Protection Agency and the Federal Bureau of Investigation, asbestos materials were found buried in several sites at the Parkway Village cooperative. Searchers even found loose asbestos materials on the surface of the grounds, where residents could potentially have been exposed to the dangerous substance.

Following the discovery of the improperly discarded material, the EPA launched a four week long remediation at Parkway Village.

As part of a settlement, the charges brought against the residential cooperative are to be held in abeyance for up to three years. During this time Parkway Village to repay the EPA for remediation costs, a total of over $490,000. Other conditions include the removal of asbestos from the site and future compliance with all environmental regulations. If the company meets the conditions of the settlement, the government has agreed to dismiss the conspiracy charges within the next three years.