Local businessman John Kohler was fined Monday for allegedly
refusing to comply with state Department of Environmental
Protection regulations for the demolition of a structure that
contains asbestos.

“The Department of Environmental Protection has fined the owner
of the former Evans Rollerdrome in Foster Township, McKean County,
$40,780 for ignoring asbestos regulations when he demolished the
building last year,” according to a press release issued by the DEP
Monday.

“When DEP found out through a published news report that owner
John R. Kohler planned to demolish the roller rink and an adjoining
building, we contacted him to explain the regulatory requirements
regarding asbestos notification and removal,” DEP Northwest
Regional Director Kelly Burch said in the release. “Those
discussions proved fruitless. Despite our efforts, the owner failed
to follow the law.”

Kohler said Monday afternoon that while he and his attorney had
recently been in negotiations with the DEP about the asbestos
issue, he was unaware the DEP had made a final decision on the
matter.

He said that representatives from the DEP arrived at the site of
the demolition on July 13, 2005, the same day an article ran in The
Era announcing Kohler had officially acquired the East Main Street
property and intended to demolish the old rollerdrome. Kohler said
he was informed at that time the demolition would have to cease,
and an asbestos inspection would have to be completed before he
could go any further.

“I did exactly what they told me to do,” Kohler said, adding
that, to the best of his understanding, he complied with all DEP
regulations at that point.

Moreover, in an article that ran in the July 15, 2005 edition of
The Era regarding a fire that broke out at the former Evans
Rollerdrome late the night before or early that morning, Kohler
said he was working with the DEP on an asbestos inspection, and
that an inspector was due to arrive at the site that day.

The DEP, however, has accused Kohler of non-compliance from
start to finish.

“Kohler submitted late and incomplete notification about the
proposed demolition, and he did not have a state-certified
representative on site during the demolition. In addition, Kohler
was cited for numerous other violations regarding removal, storage
and disposal of asbestos,” the DEP press release said. “Kohler
eventually corrected the violations and properly disposed of the
asbestos, but months of negotiations on a consent assessment for
civil penalty were unsuccessful, leading to today’s fine.”

Kohler relented that he did bag and remove the materials that
contained asbestos himself instead of hiring an “asbestos removal
specialist,” and that he understood that was in violation of DEP
standards. He said he felt that was his only act of non-compliance,
however.

He said that when he was notified by the DEP several months ago
he would be fined, he started negotiating with the agency through
his attorney, Steve Beckman, an environmental law specialist out of
Erie. Through Beckman, Kohler “made an offer” to the DEP regarding
his fine, he said.

The DEP refused that offer, Kohler said, but responded with an
offer of its own.

Declining to cite exact figures, Kohler said he communicated to
DEP officials that he could not afford the last fine it proposed.
At that point, he said, the DEP asked him to provide his most
recent tax return information. Kohler said Beckman told him Monday
he (Beckman) provided the DEP with Kohler’s tax information on Aug.
21 of this year.

Kohler said it was his understanding that DEP officials were
trying to determine how much they would fine him based on his
income.

Neither Beckman nor Kohler have received any further
communication from the DEP on the matter, Kohler said, adding
neither he nor Beckman have been officially notified of the action
by the DEP to date. Kohler first heard about the fine from The Era
when contacted for this story, he said, and his lawyer viewed the
same press release sent to The Era Monday online.

Kohler said he plans to appeal the DEP’s decision.

A message left for media relations at the DEP’s Northwest
regional office Monday afternoon was not immediately returned as of
press time.