Statues you need to understand so you don’t face jail time…
Think ignoring that asbestos or lead problem will go unnoticed by the EPA or CO Attorney General? Think again! They’re willing and ready to prosecute investors to the fullest extreme for improper or wrongful remediation of toxic substances. And ignorance isn’t going to stand-up as defense.
Don’t believe us? Troy Arnold, an investigator with the CO Attorney General, is prepared to share real world examples of what happens to investors who expose communities to toxic substances like lead and asbestos. It’s pretty serious stuff! We’re talking fines, jail time, probation and a criminal record.
Here are the 3 things they want all investors to understand:
- This is a very real problem in our communities. In the last 90 days the CO Attorney General has investigated and prosecuted 4 illegal asbestos abatement cases and there are more in the queue.
2. Violation of EPA regulations will be prosecuted by the Attorney General as a criminal offense. How does 1-5 years in prison, a criminal record and mandatory probation sound? Not worth the $500 lead and asbestos test and the 5k to remediate the potential problem.
3. Ignorance, lying and choosing to ignore fines won’t be tolerated. Claiming to not know there was environmental concerns present in the home isn’t an excuse. As an investor you know lead, asbestos, radon, mold and meth might be present, especially in homes built before 1978. So you know testing needs to be a part of your regular inspection routine and the budget. Plus, lying won’t work. When a lead test is preformed it gets reported to the EPA who has the right to ensure the exposure is eliminated safely and have the Attorney General participate in an investigation. If you lie and claim the test was never run or was incorrectly reported, you’ll face more than just the charges for faulty remediation. You’ve officially lied to a public agent. And let’s not forget, refusing to pay fines can also result in charges. It’s best to just deal with the problem honestly and with integrity in the first place.
Here are the statues you need to get familiar with:
- CLEAN AIR ACT (CAA)
Violation of Asbestos NESHAP During Demolition/Renovation
Statute: 42 U.S.C. § 7413(c)(1)
- TOXIC SUBSTANCES CONTROL ACT (TSCA)
Statute: 15 U.S.C. § 2615(b)
- U.S.TITLE 18 CRIMES
Conspiracy - 18 U.S.C. § 371
False Statements - 18 U.S.C. § 1001
Mail/Wire Fraud - 18 U.S.C. §§ 1341 (mail) & 1343 (interstate wire)
- COLORADO AIR QUALITY CONTROL ACT
Statute: C.R.S. § 25-7-122.1(1)(a)
- Knowing Endangerment
Statute: C.R.S. § 25-7-122.1(3)
- Causing or Contributing to a Hazardous Substance Incident
Statute: C.R.S. § 29-22-108
- COLORADO TITLE 18 CRIMES
Theft: C.R.S 18-4-401
Attempt to Influence a Public Servant: C.R.S. 18-8-306
Forgery: C.R.S. 18-5-102
Criminal Impersonation: C.R.S. 18-5-113
Learn more about these 3 concerns and statues at this month’s ICOR meeting. Come prepared with your questions—Troy and his team are looking forward to having a proactive discussion about any and all legal concerns you face as an investor in relation to environmental exposures and toxic substances.
Tuesday, July 8th
Wednesday, July 9th
Denver Monthly Meeting -When Good Properties Go Bad: Lesson from the EPA on Mold, Meth, Lead, Asbestos and Radon with Clyde Wilson, EPA
Thursday, July 10th
Northern Colorado Monthly Meeting - When Good Properties Go Bad: Lesson from the EPA on Mold, Meth, Lead, and Radon