United States Attorney
Northern District of Texas

1100 Commerce St., 3rd Fl.
Dallas, Texas 75242-1699

Telephone (214) 659-8600
Fax (214) 767-0978

BUSINESSMAN FACES FEDERAL CHARGES
IN ASBESTOS DISPOSAL CASE

United States Attorney Richard B. Roper announced that a federal grand jury in Dallas has returned a two-count indictment charging Melvin Eugene Riecke II with violations of the Clean Air Act. Riecke is the General Manager of National Converting and Fulfillment Company, based in Ellis County, Texas, which used to have a facility at 5000 Riser Street/2401 Vinson Street in Dallas where it recycled roofing shingles. Specifically, the indictment charges Riecke with one count of knowingly failing to comply with emission control requirements and one count of knowingly failing to comply with asbestos waste disposal standards. Riecke surrendered to federal authorities this morning, made his initial appearance in federal court this afternoon, and was released on bond. He is scheduled to be arraigned before the Honorable A. Joe Fish, United States Chief District Judge, on April 14, 2006.

Riecke contracted with Beltway Commercial Real Estate to demolish the former Payless Cashways lumber and hardware store building located on Beltline Road in Addison, Texas, which a pre-demolition survey showed contained asbestos. From November 7 through November 10, 2001, Riecke and his crew removed asbestos from the site in violation of the Clean Air Act which authorizes the Environmental Protection Agency (EPA) to identify hazardous air pollutants and to establish standards, known as National Emission Standards for Hazardous Air Pollutants (NESHAP), to prevent or limit the emission of hazardous air pollutants into the atmosphere. In 1971, pursuant to the Clean Air Act, the EPA Administrator determined asbestos to be a hazardous air pollutant.

According to the indictment, when asbestos containing material was stripped and removed from the site, Riecke failed to have on site at least one representative who was trained in the proper demolition of asbestos. Riecke also failed to prevent the discharge of visible emissions into the outside air during the collection, processing, packaging and transporting of the asbestos; failed to deposit all the asbestos as soon as practical at a proper waste disposal site; and failed to properly mark vehicles used to transport the asbestos.

The case stems from an investigation in 2002 by the City of Dallas into illegal dumping. A Dallas Code Inspector discovered a three and one-half acre track in an industrial area of West Dallas where thousands of tons of asphalt roof shingles, asbestos floor tiles, plastic and debris from the demolished Payless Cashways building had been dumped.

An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. However, if convicted on all counts of the indictment, Riecke, age 52, of Palmer, Texas, faces a maximum statutory sentence of 15 years imprisonment and a $750,000 fine.

United States Attorney Roper praised the investigative efforts of the U.S. Environmental Protection Agency. The case is being prosecuted by Assistant United State Attorney Phillip C. Umphres.

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