Businessman faces up to 25 years in federal prison following conviction in asbestos disposal case


By media release
Aug 26, 2006





In a case arising from allegations of wrongful handling of asbestos-containing floor tile, a
federal jury in Dallas has convicted Dallas-area resident Melvin Eugene Riecke II on all four
counts of a superseding indictment charging him with Clean Air Act violations, false
statements and mail fraud, announced United States Attorney Richard B. Roper.


Riecke is the General Manager of National Converting and Fulfillment Company, based in Ellis
County, Texas, and which used to have a facility at 5000 Riser Street/2401 Vinson Street in
Dallas where it recycled roofing shingles. The conviction, handed down by the jury late
yesterday, followed a four-day trial in federal court in Dallas before United States Chief
District Judge A. Joe Fish.


Specifically, the jury convicted Riecke on two counts of failing to comply with federal work
practice standards regulating demolition a building containing asbestos and disposing of the
resulting waste, one count of false statements to the Texas Department of Health, Toxic Waste
Control Division, and one count of mail fraud. Riecke, age 53, of Palmer, Texas, faces a
maximum statutory sentence of 25 years imprisonment and a $1.25 million fine. He is
scheduled to be sentenced by Judge Fish on November 21, 2006.


U.S. Attorney Roper said, ?Protecting our quality of life in North Texas is very important to
our residents. Those who cause damage to our environment and put residents at risk, will be
aggressively prosecuted by this office.?


"Knowingly violating the laws governing asbestos removal is irresponsible and inexcusable,"
EPA Regional Administrator Richard E. Greene said. "Other businesses conducting asbestos
removal should rest assured that EPA and other regulatory agencies will continue to
aggressively pursue those that knowingly risk public health for the sake of profit."


The case stems from an investigation in 2002 by the City of Dallas into illegal dumping.
Dallas Code Inspectors discovered a three and one-half acre tract in an industrial area of
West Dallas where illegal waste had been dumped. Further investigation revealed that the
waste included hazardous asbestos-containing floor tiles and floor tile mastic that had been
removed from an old Payless Cashways lumber and hardware store building that had been located
on Beltline Road in Addison, Texas.


Evidence presented at trial showed that Riecke contracted with the building?s owner, Beltway
Commercial Real Estate, to demolish the structure, which a pre-demolition survey showed
contained the asbestos. The contract required that he fully comply with all regulations
regarding asbestos removal. However, from November 6 through December 10, 2001, Riecke and
his crew removed the floor tile from the site without making any effort to comply with
federal work practice standards for handling asbestos that had been established under the
Clean Air Act.


The government presented evidence at trial that when asbestos containing material was
stripped and removed from the site, Riecke failed to comply with these standards, including
the requirement that he have on site at least one employee who was trained in the proper
removal of asbestos. Riecke also failed to prevent the discharge of visible emissions into
the outside air during the stripping, collection, processing, packaging and transporting of
the asbestos; failed to deposit all the asbestos as soon as practical at a proper waste
disposal site; and failed to properly mark vehicles used to transport the asbestos-containing
waste.


The government also presented evidence that Riecke intentionally made numerous false
statements on an asbestos demolition/renovation Notification Form he sent via Federal Express
to the Texas Department of Health, Asbestos Notification Section, Toxic Substances Control
Division. The form is required by state and federal law to be filed before beginning any
demolition activity on a public building containing more than a minimal amount of asbestos.


United States Attorney Roper praised the investigative efforts of the U.S. EPA Criminal
Investigation Division, Texas Parks and Wildlife, and Texas Commission on Environmental
Quality, all part of the Texas Environmental Crimes Task Force. Assistance was also provided
by the City of Dallas Marshal?s Office. The case was prosecuted by Assistant United States
Attorney Phillip C. Umphres and by Special Assistant United States Attorney Cheryl Seager of
the EPA.


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