Wellman man who burned lumberyard gets fine halved

A man responsible for the demolition and partial burning of an asbestos-containing building in Washington County’s West Chester appealed a fine and had it reduced by more than half, according to the Iowa Department of Natural Resources.

Last year, the department penalized Kevin Flynn, of Wellman, with a $10,000 fine. A recent order by the department reduced it to $4,500.

Someone reported in February 2022 that a former lumberyard in West Chester, which is about 25 miles southwest of Iowa City, was being torn down and burned. County records show the building might have been more than 11,000 square feet in area.

The Iowa DNR ordered Flynn, the building’s owner, to stop the demolition and burning and issued a violation notice for failure to inspect the building for asbestos, improper waste disposal and open burning. But about a week after the initial report, department staff went to the site and found that more of the building had been demolished and debris from it was burning, according to the department's initial order.

The department tested some of the debris and discovered it contained asbestos.

The material was used in a variety of building materials and readily can become airborne if it is disturbed. It can damage the lungs of people who inhale it and can cause cancer. Fires typically don’t destroy it.

State rules require buildings to be tested for asbestos — and the asbestos removed — before they are demolished. The debris from the demolition must be taken to a landfill.

"Asbestos is known to cause cancer and is a hazardous air pollutant," the original order said. "The demolition activity would have released asbestos fibers into the air. In addition, Mr. Flynn open burned the demolition material, and burning asbestos-containing material would have caused significant asbestos release to those exposed to the smoke."

The building was located within the city limits of West Chester, and about 150 people live in nearby houses.

The department estimated it would cost several thousand dollars to properly dispose of the asbestos-containing materials, which is often done by keeping the materials wet before they can be contained.

Flynn appealed the Iowa DNR's original decision, and "in the interest of settling the appeal" the department reduced the fine, according to a recent order. It directed Flynn to remove the remaining debris as if all of it contains asbestos within a year and to pay the reduced fine within 30 days.

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