Owner of Former Nestle Plant in Fulton Sentenced For Illegally Removing Asbestos

Fulton, New York - A historic plant in Upstate New York, near the shores of Lake Ontario, along with its new owners, is at the center of yet another controversy. Edward Palmer, owner of the former Nestle plant in Fulton, New York, was charged and sentenced for illegally removing friable asbestos from the property.

Palmer was sentenced to six months of home detention and two years of probation for violating the federal Clean Air Act after pleading guilty to charges in June of this year. In addition to home detention and probation, Palmer must pay $25,000 in fines and perform fifty hours of community service work. Among the charges, Palmer was also found guilty of illegally dumping the asbestos removed from the plant, not informing the Environmental Protection Agency [EPA] of his asbestos abatement plans and using workers unlicensed in asbestos abatement. Workers under Palmer did not wet down the friable asbestos while removing it from pipe insulation.

“Friable” or loose asbestos particles are a particular threat to health and the environment. If asbestos material is not properly handled or removed – as it was the case with the Nestle plant – the risk of contaminating the air with the dangerous toxin is significant. Once the air is contaminated with microscopic asbestos particles, breathing in the polluted air is virtually guaranteed. Asbestos exposure is the leading cause of mesothelioma, a rare yet deadly form of cancer that can affect the protective lining of the lungs, heart or stomach.

Considered a carcinogen akin to cigarette smoke, removing, handling and disposing of asbestos or asbestos-containing products is highly regulated and handled by licensed, trained professionals.

For nearly one hundred years, the Nestle plant produced and manufactured chocolate in the Fulton area until the plant was closed in 2003. Known to be the first plant on United States soil to produce chocolate, the Nestle plant was purchased by another international firm interested in producing chocolate once again in Fulton. However, the New York Chocolate and Confections Company filed for bankruptcy.