Sean C. Morgan
Dan Desler, who at one time had big plans to create commercial and housing developments in Sweet Home, was sentenced on Oct. 31 in the U.S. District Court in Eugene to serve five months of home detention, three years of probation and 300 hours of probation for the negligent release of a hazardous air pollutant.
Desler, 68, also must pay $1.59 million in restitution for cleanup costs incurred by the U.S. Environmental Protection Agency during the abatement of asbestos from property managed by Desler. The U.S. Environmental Protection Agency removed more than 4 million pounds of asbestos-containing debris from the site, according to EPA figures.
Desler was the managing trustee of the Western States Land Reliance Trust, which owned about 400 acres of property, including the 153-acre former Willamette Industries mill site at 2210 Tamarack St. and the area around it. Desler had been planning to develop the property for residential and commercial usage.
Desler was indicted by a Linn County grand jury on air pollution charges on April 22, 2009. Those charges were later dismissed and the U.S. attorney filed a case against Desler on May 19, 2011. Desler was indicted on nine counts, which were dismissed in the plea agreement.
In the plea agreement, Desler stipulated the following details regarding the case:
n In 2004, an arson destroyed buildings on the mill property, and the Oregon Department of Environmental Quality notified Desler that it believed there was asbestos in the damaged buildings. Desler hired an abatement contractor to abate asbestos in the damaged buildings and to test other buildings, revealing there was asbestos in multiple buildings. None of the asbestos in undamaged buildings was abated.
n In 2007, Desler hired Charles Corp., an unlicensed contractor, to perform demolition and renovation work at the site. Demolition occurred on buildings that had been identified as containing asbestos, including tearing off and crushing roofing material, removing pipe insulation and removing crushed floor tiles. Some of the material was run through a chipper.
n All were materials that, based on the type and age of the building, would contain asbestos. During the eight months of work on the demolition project, Desler was at the site two to three times per week.
n Desler should have known there was asbestos in many of the buildings, but he allowed the demolition without following the standards contained in the National Emission Standards for Hazardous Air Pollutants for asbestos, including the proper removal of asbestos-containing material, wetting asbestos-containing material prior to removal and proper storage and disposal of asbestos-containing material, which are designed to prevent the release of asbestos into the air during demolition and renovation activities.
n As a result of the demolition and renovation at the site, asbestos, a hazardous air pollutant, was released into the ambient air and affected the surrounding community, putting workers and people in the surrounding area at risk for serious bodily harm.
Linn County foreclosed on about 380 acres of Western States Land Reliance Trust property, including 2210 Tamarack St., on Dec. 30, 2010 for nonpayment of property taxes. WSLRT owed approximately $505,000 in back taxes at the time. It includes property from the mill to the South Santiam River and from 18th Avenue to Clark Mill Road.
A portion of the acreage, previously Knife River property, is proposed by the county for use as a county park and a permanent site for the Oregon Jamboree country music and camping festival, held each summer in Sweet Home.