Kate Brown, Governor

January 22, 2019

CERTIFIED MAIL No. 70163010000060286664

3307 SE 92ND LLC c/ o Aaron Z. Matusick, Registered Agent Greenspoon Marder LLP 1211 SW 5th Ave., Suite 2850 Portland, OR 97204

Re: Notice of Civil Penalty Assessment and Order No. AQ/AB-NWR-2018-227

Department of Environmental Quality Office of Compliance and Enforcement

700 NE Multnomah Street, Suite 600

Portland, OR 97232

(503) 229-5382

FAX (503) 229-5787

TTY 711

This letter is to inform you that DEQ has issued you a total civil penalty of $22,400 for asbestos violations that occurred in September 2017 during a renovation project at a four-unit apartment building in Portland that you own (the Facility). Specifically, you allowed an unlicensed person to remove and disturb asbestos-containing flooring materials, wall texture and ceiling texture, and openly accumulated waste materials from the project inside the Facility, and outside in an open drop box and plastic bags. You also disposed of one drop box containing waste materials from the unlicensed project at the Metro Central Transfer Station, which is not authorized to accept asbestos-containing waste materials. These are violations of Oregon environmental law.

DEQ issued this penalty because as the operator of the Facility, you are responsible for ensuring that asbestos is properly managed. This abatement project did not comply with applicable asbestos regulations, and likely caused the release of asbestos fibers into the atmosphere, creating the potential for public exposure. Asbestos fibers are a respiratory hazard proven to cause lung cancer, mesothelioma and asbestosis. Asbestos is a danger to public health and a hazardous air contaminant for which there is no known safe level of exposure.

DEQ appreciates your efforts to mitigate the effects of the violation by hiring a licensed abatement contractor to abate the remaining asbestos at the Facility and properly dispose of the waste materials. DEQ considered these efforts in calculating the amount of the penalty.

If you wish to appeal this matter, DEQ must receive a request for a hearing within 20 calendar days from your receipt of this letter. The hearing request must be in writing. Send your request to DEQ Office of Compliance and Enforcement: Via mail - 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232 Via email- DEQappeals@deq.state.or.us Via fax - 503-229-5100