HALLOWELL -- The state has cited the developers of the former Worster House for failing to comply with asbestos laws and regulations.

The notice of violation, dated Aug. 6, is addressed to Hallowell House, LLC of Augusta, a firm renovating the Second Street apartment building. A spokesman for the firm said it is reviewing the notice and will deliver a response next week.

After receiving a complaint from tenants on May 6 alleging the improper removal of materials containing asbestos, the Maine Department of Environmental Protection did an on-site compliance inspection.

Tenants were living in the building when crews came in and started gutting the units, tearing out walls and filling the air with construction dust before testing for asbestos.

Asbestos was later found in some of the linoleum flooring and the basement.

Jamie Tansey, DEP's enforcement coordinator for the Lead and Asbestos Hazardous Control Program, said nothing has been resolved, but monetary penalties have been proposed.

"The amount hasn't been determined yet, that's done case by case," Tansey said Tuesday. "And I wouldn't want to speculate what that would be."

He said official enforcement actions taken by the state involve a notice of violation with a proposed consent agreement or, at times, civil action in court.

Alleged violations are:

n Failure to comply with all applicable pre-abatement requirements prior to engaging in an asbestos-abatement activity.

n Failure to notify the department in writing of intention to engage in an asbestos-abatement activity involving more than 3 linear feet or 3 square feet of asbestos-containing material.

n Failure to use licensed or certified asbestos professionals to engage in an asbestos abatement activity.

n Failure to comply with all applicable work practice requirements while engaging in an asbestos-abatement activity.

n Failure to comply with all applicable requirements governing release of the regulated area when conducting an asbestos-abatement activity.

Tansey said the company had 15 days from the date on the notice to contact the department to confirm it received the letter. The company then has additional time to review the notice of violation and comment on it.

"They called to say they received the copy of the notice of violation and will be drafting a response," he said. "I would assume they would address the issue from their perspective, probably some kind of summary of how they view it. They'll pursue some kind of settlement or admit to it, or not."

Mark Robinson, spokesman for Hallowell House, said the building is vacated except for an antique dealer with a shop on the bottom floor.

That shop tested negative for asbestos, and is safe for customers.

Robinson said the question of who is responsible for the violations is open to interpretation.

"That's one thing the Hallowell House is reviewing right now," Robinson said Tuesday. "They hire experts to take care of these things and do the permitting and the work and so forth. It's a routine process and of course they rely on their expertise for things to go smoothly."

After tenants complained to the DEP, Tansey said the company hired a licensed abatement contractor to go into the apartment building and remove the asbestos. He said the airborne hazardous material needed to be removed as part of the renovation project.

Building materials likely to contain asbestos can be found in roofing, flooring, siding, ceiling and wall systems as well as heating components, ventilation, air conditioning and plumbing systems.

Mechele Cooper -- 623-3811, Ext. 408

mcooper@centralmaine.com