Landlord vermiculite cleanup forces business to shut down

By STEVE KADEL Western News Reporter

A Libby pizza shop has been shut down on short notice due to the possible presence of asbestos-contaminated vermiculite.

The building that houses Country Pizza was scheduled for asbestos cleaning next spring by the Environmental Protection Agency. However, owner Neil Milner removed part of the roof last week to begin an addition to the upstairs.

He found vermiculite on the floor and swept it to the side of the attic that was still covered by roofing. In the process, an undetermined amount fell into the first-floor restaurant area, according to Country Pizza owner Diane Dunning.

Dunning discovered the situation Sunday when she went to the restaurant at 907 Mineral Ave., which is closed on Sundays. She reported the situation to EPA, and voiced concerns again during a community meeting with EPA project coordinator Jim Christiansen on Oct. 11 at the Memorial Center.

"I don't understand why my landlord was allowed to disturb the vermiculite in the attic," Dunning said. "He was granted a building permit for a dirty building and he went ahead."

Christiansen replied, "That's not a good situation. We try to urge you not to mess with vermiculite asbestos. The stuff is dangerous."

He acknowledged that EPA cannot legally prevent landowners from working on their property, whether the building has been cleaned or not. However, he said Dunning's situation is different because the landowner's actions affected another person.

The EPA is compiling a plan to guide in future cleanups. Christiansen said during an interview that the document must address problems such as Dunning's.

"That's a big something we're looking at," he said. "It's a sensitive issue, but something we definitely need to address in the Record of Decision."

It won't happen overnight, though. Once the proposed cleanup plan is finished there will be a 60-day public comment period. It will probably take three to four months after that for the Record of Decision to be completed, Christiansen.

One solution might be for EPA to give the city a list of buildings that have been cleaned and those that have not been, Christiansen said.

Libby city building inspector Ron Higgins was not available for comment, but Dunning believes there should be closer communication between EPA and local government. Her landlord agrees.

"I made a mistake by not having closer scheduling arrangements with EPA," Milner said. "It behooves you to work with EPA on their schedule, which I tried to do."

The agency has proposed hiring a community resource specialist to help area residents with asbestos issues. The EPA-funded Technical Advisory Group is looking into an EPA grant to fund the position.

The specialist would provide quick assistance to people who find asbestos-contaminated vermiculite on their property, according to a presentation TAG member Helen Clarke made to the Libby City Council.

Mike Cirian, the EPA's remedial project manager and environmental engineer in Libby, confirmed that flakes of vermiculite reached the restaurant area. He said the dilemma between landlord and tenant caught EPA off guard.

"It's our first experience with this kind of thing," he said.

Cirian said EPA will clean the building in two weeks rather than waiting until spring as previously planned. Country Pizza will be closed for about a month.

He echoed Christiansen's statement that EPA can't tell an owner not to work on their property.

"What we can tell them is you may be held liable if you hurt someone else," Cirian said. "You have a responsibility to your community."

EPA will not take action against Milner, he said, calling the incident an innocent mistake. A preliminary air test at the restaurant last week came back negative, Cirian said.

He said it costs EPA more to perform emergency cleanings such as the one at Country Pizza. It disrupts the schedule with contractors, and likely will result in higher personnel and material costs for Country Pizza's cleanup.

Dunning is worried about money, too. The abrupt closure affects her bottom line as well as her employees. S-he could have handled the lack of income better if there had been time to plan for it, she said.

"It's paycheck to paycheck," Dunning said. "We operate on a shoestring and this was totally unexpected."