September 20th, 2010 - The city of Fort Wayne, Indiana, is suing the Indiana Department of Environmental Management (IDEM) over the state's interpretation of asbestos abatement rules, claiming it unnecessarily cost the city thousands of dollars, the Fort Wayne Journal Gazette reports.
According to the lawsuit, filed recently in Allen Superior Court, the city of Fort Wayne wants a judge to declare the IDEM's interpretation of the rules incorrect and prohibit them from enforcing the rules in such a manner.
The rule interpretation in question involves how the IDEM views the EPA's standards for hazardous air pollutants and the required asbestos testing and safe removal during instructions. The city's asbestos lawyer said the EPA rule does not apply to residential buildings with four or fewer dwelling units if they are undergoing demolition as part of a "spot blight removal."
The asbestos lawyer said the city has complied with the federal law that specifies contiguous houses must undergo testing and safe removal of the material.
By requiring the city to pay contractors to conduct asbestos testing in houses that are not contiguous, thousands of dollars are added to the city's demolition costs, a number the asbestos lawyers estimates to be approximately $40,000 each year just for the testing.
Each year, Fort Wayne's Neighborhood Code Enforcement demolishes between 100 and 120 single-family houses in disrepair according to the Unsafe Buildings law, the news source said.
According to the American Cancer Society, asbestos exposure is a leading risk factor in developing mesothelioma, a rare cancer of the tissue surrounding most of the body's inner organs.
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