Attorney General's News Release

April 6, 2001

Nixon files charges against Milan man for alleged illegal handling and dumping of material containing asbestos

Milan, Mo. — Attorney General Jay Nixon today filed criminal charges against a Milan man for allegedly engaging in the illegal and unpermitted handling and dumping of floor tile containing asbestos. Keith Oxendale (DOB - 1/17/53) is charged with two counts of unlawful asbestos abatement and one count of criminal disposition of demolition waste in the second degree.

The unlawful asbestos abatement charges allege that Oxendale engaged in an asbestos removal project at the Green City R-1 School without having a certificate from the Missouri Department of Natural Resources to do the project, and that he then allegedly broke up the tile, making it friable, without following procedures specified in federal regulations. Rendering asbestos-containing material friable can release asbestos in the air, where it is harmful to humans if inhaled.

The charge of criminal disposition of demolition waste alleges that Oxendale disposed of the broken floor tile containing asbestos onto property owned by Premium Standard Farms. The tile allegedly was dumped into a ditch being dug for a water line between Locust Creek and Elmwood Lake. The law specifies demolition waste must be disposed of in a permitted solid waste disposal area.

The charges of unlawful asbestos abatement are each punishable by a fine of between $2,500 and $25,000 and a maximum imprisonment of a year in jail. The criminal disposition charge is punishable by a maximum sentence of 15 days in jail and a $300 fine. As in all criminal cases, the charges against Oxendale are merely accusations, and the defendant is presumed innocent until or unless proven guilty in a court of law.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818