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Mar 1 2007
Alan Erickson, a North Platte businessman was penalized $50,000 for violations of the Toxic Substance Control Act. He had admitted the violations in a suit agreement filed on 29th December, 2006 after the investigations into the destruction of the old State Theater building, 705 N. Jeffers. Erickson paid another $10,318.64 to Nebraska Health and Human Services and the Nebraska Department of Environmental Quality (HHS and DOQ) as well. It was on 20th July 2005 that Erickson was charged by a federal jury for the demolition of the theater building. Erickson's argument was that he was not aware that he might have broken asbestos work practice standards. He criticized it is the government, who was actually guilty of outrageous conduct. There was a trial held in Omaha on 24th May, 2006 in which the HHS inspector Stephen Schlife testified an anonymous tip which stated that Erickson was planning to clean up asbestos illegally from the building. With regard to this tip, Schlife checked out the building on May 14. When Schlife said this, he was challenged by Erickson’s attorney Matthew Heffron. “You told the people on the roof you were interested in salvage? I assume that lying is not something they trained you to do?,” Heffron asked Schlife replied that in certain situations a lie is okay and that's what they had been trained. In the old State Theater, there was eight times the amount of friable asbestos regulated by the federal government. An asbestos containing material, which can be crushed easily when it's dry, is known as friable asbestos. The material can be commonly found in acoustic ceiling tiles, plasters, thermal insulation etc. As per law, only a licensed contractor can clean up asbestos (friable as well as non-friable) before the building is destructed. Erickson’s argument of outrageous conduct was dismissed by U.S. Magistrate Judge F.A. Gossett.
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