Environmental Reclamation and Recycling, Inc., located in Des Moines, may face a lawsuit after illegally dumping asbestos waste at a truck stop three years ago. Five of nine total samples taken from the dump site last month tested positive for asbestos, according to Marion Burnside of the Iowa Department of Natural Resources.

Environmental Reclamation and Recycling, Inc. reportedly dumped “ground-up” debris and other materials from a construction site over a 14-acre section of land on Grant Street in 2006. The materials were ground up at the company’s various recycling centers, said Burnside, who specializes in asbestos-related cases.

“It’s [asbestos waste] scattered all throughout Iowa, and you can’t tell where it is,” stated Burnside.

Iowa state officials say that Environmental Reclamation and Recycling, Inc. is no longer in business. Their motivation for illegally dumping asbestos waste was to save costs, according to James Myers, Robert Myers, Richard Moffitt and John Gamble, all former owners.

Soil quality tests taken by the state in 2007 and 2008 reveal that the soil at the dump site is less than 50% clean earth and also contains other “inappropriate” materials, such as plastic bits and construction debris, which could include caulking, lead paint chips, solvents, or other potentially toxic materials.

Asbestos material dumped at the site most likely became airborne during the actual dumping and for weeks afterward and could have been inhaled by individuals living and working near the dump site. Hazardous toxins such as lead or hydrochloric acid, which could have been dumped along with the construction site debris, may have been absorbed into the ground and may have gotten into the area’s drinking water, said state officials.

The now-defunct Environmental Reclamation and Recycling, Inc. was ordered to remove contaminated debris from the site by January 2007, but only 70,000 tons have been taken away. Another 30,000 tons must be removed, but the company has failed to act. The company owes about $1 million dollars to the state of Iowa, and the state is currently filing a lawsuit against them. At least three other lawsuits against the former recycling company are in the works.

The owner of the dump site is asking for state and federal funding to cover clean-up costs on the property. Clean-up and decontamination are expected to cost well over $2 million.

Exposure to asbestos, a known carcinogen, may lead to the development of asbestosis, lung cancer, and mesothelioma, a fatal form of cancer that typically occurs in the lungs, but may also manifest in the lining of the heart or abdomen.

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