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The Mississippi Commission on Environmental Quality (“MCEQ”) issued a March 15th Order to Dr. Mayier Kahn. See Order No. 7316 24.

The Order addresses the demolition site at Hotel O located in Jackson, Mississippi.

The Order alleges that MDEQ personnel conducted investigations within the period of time beginning on September 6, 2023, and ending on October 31, 2023, of the demolition site of Hotel O. The investigations allegedly identified the following violations:

• Failure to thoroughly inspect the facility for the presence of asbestos.
• Failure to provide initial notification of asbestos abatement and demolition activity.
• Failure to remove Regulated Asbestos-Containing Material (“RACM”) before demolition activity began.
• Failure to contain RACM and leak-type containers.
• Failure to have trained personnel present during removal of RACM.
• Failure to utilize Mississippi certified personnel to perform asbestos removal.

The Respondent is stated to have failed to respond to MDEQ within 10 business days as required by December 18, 2023, letter, and has not taken steps to secure and clean the demolition site in accordance to the applicable laws and regulations.

The Order requires that the Respondent:

• Within 14 calendar days of the date of the Order secure the demolition site with fencing and locked entrance gates to restrict access to the general public.
• Within 21 calendar days of the date of the Order hire MDEQ-certified contractors, supervisors, and/or workers to assess the demolition site.
• Within 45 calendar days of the date of the Order remove and appropriately dispose of all waste in accordance with the Work Practice Standards detailed in regulations, which include (but not limited to) the adequate wetting of debris material.
• Upon completion of the site-clean up send copies of all waste manifest to the MDEQ Asbestos and Lead Branch verifying that all material at the site has been transported, in accordance with regulations, to an approved solid waste management facility authorized to accept waste with RACM.

The Order provides that it does not address fines, penalties, other sanctions, future actions and/or future violations of environmental laws, rules, and regulations.

A copy of the Order can be downloaded here.