Criminal Charges In Lead Paint Case?

Spanish Fort Semmes  Sticker shock doesn't begin to explain reaction to the cost of cleaning up lead contaminated Spanish Fort Elementary School.
by Debbie Williams
Published: Thu, January 24, 2008 - 5:40 pm CST
Its been three weeks since Spanish Fort Elementary students were forced out of their classrooms because of high levels of lead.
Discovered over the Christmas holidays, the lead came from old paint that was being sandblasted.
Now, News Five has learned the contractor could be facing criminal fines.
Work crews are finished with the cleanup outside the building and now have moved inside the school. The price tag, an estimated 800 thousand dollars.
"Certainly surprised that it has grown to that magnitude." School Superintendent Faron Hollinger says the contractor, Melvin Pierce Painting our of Semmes, is responsible for the contamination and should have to pay for the clean up. A report by the Alabama Department of Environmental Management seems to back him up. "ADEM report is back and I think it speaks for itself our attorneys have taken appropriate action to see that we recoup some or all of that cost."
According to the ADEM report, "...a person who generates a solid waste must determine if that waste is hazardous..."
In this case, paint sandblasted from from 40 year old awnings outside the school was the source of the lead contamination.
The report goes on to say, "...M-P-P violated the Alabama Hazardous Waste Management and Minimization Act...and failed to adequately determine if waste mixture generated from sandblasting activity was hazardous waste."
Paint was left on school grounds which according to ADEM, "...constituted disposal of the waste on school grounds by M-P-P who did not have a hazardous waste permit."
Melvin Pierce declined an on-camera interview with News Five and instead referred us to his attorney, E.J. Saad who released a statement which says in part:
"The company performed its services in the manner directed by the Owner. The company violated no laws. Melvin Pierce Painting is working with the Alabama Department of Environmental Management and the Baldwin County School Board to see this matter resolved in a proper manner."
No one knows how long the clean up will take. The longer it does, the higher the cost.
Failure to comply with the ADEM order could result in penalties of up to 25 thousand dollars a day, additional civil penalties, criminal fines and other appropriate sanctions.
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come on its the school board pointing fingers, they knew about the paint and considering the fact that lead based paint has been outlowed so long you would have THOUGHT BCSB would have lleaned up the mess a long time ago, not waiting on now. osunds like bcsc tried tohide the fact or ignore that lead based paint was underneath the existing paint

btw Of course every comment left on here is an assumption because nobody here can sit here and say they know all the facts of this case. 

The bottom line is testing should have been done at some point period.  MP should have known (again another assumption that they didn’t because of the end result) what they were blasting before performing that job. If for any reason they did not know, they should have made sure what they were blasting was safe before doing so by either checking with the GC (if there was one) or schoolboard.

No doubt this is a serious problem facing MP. MP’s character isn’t going to matter in this situtuation. The bottom line is if he can’t produce something in writing from the schoolboard, GC or whoever stating that the paint was tested and lead free, then he has a hard battle to fight.

I never said Melviln Pierce should clean the contamination. His company was the on who should have prevented it by testing for lead to begin with. You don’t sandblast without knowing what you are blasting. It is common sense.

Secondly I’m not ignorant when it comes to the responsibility of procedures as I have OSHA Certifications in both General Industry and Construction.

The owner of this company may be the greatest man ever who knows, but clearly procedures were not followed since the end result was sandblasting of lead contaminated paint. You MUST know what you are blasting…even for the sake of your own employees.

My comment was in reference to bamagurlie.. sorry for any confusion

Yes, the company should have tested for lead and taken actions to mitigate the lead impacts and cleaned up the waste.  That said, if they won the bid because they low-balled the price (or maybe they tested a location that did not have lead and based their bid on no lead mitigation/clean up) then that should have been a HUGE red flag to the maintenance engineers and contracting department of the school district.  IF so, the the school district and government is just screwing the little guy.  The school district should pay as if the lead mitigation and clean up had been properly bid.  Heck, while we are pointing fingers, the parents of the kids who attended the school the past 30 years should sue the school district for exposing their kids to lead when at school and since the extreme cost for clean up is a result of Federal regulations associated with the disposal and destruction of the lead.  Let the Feds pay for it.

I got your idiot cdh. First of all, I know ALOT about this company and who OWNS it. Can you not comprehend what you read? I was taking up for MPP.

I also disagree with the above comment. I do not think people should offer their opinion on this matter without understanding the situation. As is apparent, some of the commenters are ignorant on this matter and should fully get the details before making themselves sound so. Melvin Pierce is a man of integrity and virtue. He only performed what was expected of him in his contract and had no license to clean the lead up. It is without question not the fault of his company, but rather the school board. In business, people want something for nothing and of course someone to blame. I believe Melvin Pierce will easily win this case and come out strong. His righteous character and love of God will sustain through this time of unnecessary turmoil. However, the school board needs to stop pointing fingers and for once take responsibility for their actions (How unrealistic, huh?) As to the comment above, it is Melvin Pierce Sr.

btw I agree with most of your response cdh101, however I hardly think that lead contamination is a ridiculous situation. This company was contracted to perform this job and responsible for making sure the job is performed safely with all procedures followed to eliminate any potential exposures. Had a homeowner hired someone to come in and repaint, to include sandblasting, would you think it would be the responsiblity of the homeowner to test for lead? That is what these people are supposed to be trained for.

I’m sorry but come on. When you work in that type of business you have to know what possible contaminates you are working with. Especially when sandblasting paint on a building 40 years old when lead paint was so widely used. Without a doubt the proper procedures were not followed on this jobsite.

Are you an idiot? You obviously don’t know anything about the company or who is running it. And anyway this is all rediculous just another reason for the school board to point fingers and try to get money from their own mistakes

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