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The Alliance on Aging has received $20,000. and is one of a Select few Agencies to be part of a settlement

The Alliance on Aging has received $20,000. and is one of a Select few Agencies to be part of a settlement

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The Alliance on Aging has received $20,000. and is one of a Select few Agencies to be part of a settlement between The State of California and Pacifica Hosts, Inc. and Pacifica Senior Living LLC (registered to do business in California as Pacifica Senior Living Management LLC): Monterey Superior Court, Case No. 23CV002044 


Monterey, California – Monterey County District Attorney Jeannine M. Pacioni announced today that her Environmental Protection Unit, along with ten other District Attorney and City Attorney Offices throughout California, have reached a settlement with San Diego-based Pacifica Hosts, Inc. and Pacifica Senior Living LLC (which is registered to do business in California as Pacifica Senior Living Management LLC) (collectively, “Pacifica”) for violations of asbestos-related laws and regulations that occurred at Pacifica’s senior living and hotel properties in California. This stipulated judgment was filed in Monterey County and was brought by the District Attorneys of Monterey, Alameda, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Sonoma, and Ventura Counties, as well as the City Attorney of Los Angeles.

 

This case arose when the Monterey Bay Air Resources District (“MBARD”) received a complaint that unpermitted work was being conducted at The Park Lane, a Pacifica-owned senior living facility in Monterey. MBARD discovered that contractors had conducted renovation and demolition activities without first thoroughly inspecting for asbestos, and without notifying MBARD prior to demolition, as required by the federal asbestos National Emission Standards for Hazardous Air Pollutants for demolitions and renovations, incorporated into MBARD’s Rule 424. Additionally, contractors had disturbed asbestos-containing fireproofing material during their work, without taking proper safety precautions to prevent the emission of asbestos. The investigation by the prosecutors revealed many other violations for failing to test for asbestos prior to renovation and demolition activities at other Pacifica locations throughout California.

 

Pacifica cooperated with the prosecutors during the investigation. Pacifica agreed to pay a total of $1,575,000 to settle the case, comprising $1,125,000 in civil penalties, $250,000 as supplemental environmental projects, and $200,000 in costs. The supplemental environmental projects provided for in the stipulated judgment will benefit local air pollution control initiatives as well as senior services. The terms of the stipulated judgment also include a permanent injunction requiring Pacifica to comply with asbestos-related laws and regulations.

 

Asbestos precautions are required to be taken during renovation and demolition work because asbestos exposure increases the risk of respiratory diseases including lung cancer, mesothelioma, asbestosis, and other cancers. Buildings, both old and new, commonly contain asbestos in materials such as: fireproofing, insulation, vinyl floor tiles, wall texture coatings, roofing materials, acoustic ceilings, linoleum backing, taping, as well as other materials. Owners and operators of demolitions and renovation activities must have building materials sampled and tested to determine if asbestos is present before starting work, even if a facility has previously been renovated. In general, where regulated asbestos containing materials are present and will be disturbed, qualified and licensed asbestos abatement contractors must be used to ensure that all asbestos is removed before it is disturbed.

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