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Advisory opinion regarding whether Mathew Todd, an employee of the Department of Environmental Quality (DEQ), may provide asbestos inspections for a local project. |
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Mathew Todd is employed with DEQ, Office of Environmental Compliance, Inspection Division. His main job duty has been conducting inspections of facilities with water discharge permits. Several years ago, DEQ requested he be trained to conduct Asbestos Management Plan (AMP) inspections at schools, "TOP" priority demolition or renovation inspections of facilities, and to investigate complaints involving asbestos. DEQ paid for Mr. Todd to receive his Asbestos Inspection and Assessment Accreditation and his Asbestos Contractor\Supervisor Accreditation for the AMP inspections and "TOP" priority demolition or renovation inspections.
Mr. Todd has been offered the opportunity to conduct asbestos inspections for an upcoming local project to identify the presence, amount, and type of asbestos containing material located in some recently purchased single home dwellings prior to the homes being demolished. His Asbestos Inspection and Assessment Accreditation would allow him to conduct these inspections according to state regulations for the demolition contractor. Mr. Todd would not reveal the identity of the demolition contractor seeking to engage his services.
The demolition contractor would pay Mr. Todd for providing the inspections and resulting inspection report, which would be presented to the owner of the project. The inspection report would inform the project owner which structures required asbestos abatement prior to demolition. The inspection report would also inform the project owner what type of waste is present for proper disposal and how to properly proceed with the demolition.
If asbestos is found during the inspections, the project owner would need to request an Asbestos Disposal Verification Form (ADVF) from DEQ, Office of Environmental Service, Public Participation and Permit Support Division, Notifications and Accreditations Section, which would accompany the waste to an approved landfill. The ADVF would be classified as a "LOW" priority demolition or renovation that would not require a site visit from DEQ according to its operational plan. The demolition contractor has no contracts with the DEQ. However, the demolition contractor is regulated by the DEQ, Office of Environmental Compliance, Inspection Division, mainly from a solid/hazardous waste stand point.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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