HomeMy WebLinkAboutUpdate DCBA INV-2566323, Asbestos CAC Survey 5_14_25 Complaint # 413797 COMP-64024 Air Resources Board 1344 S_ Diamond Bar Blvd_**DO NOT open unknow n links or any attachments w ithout confirming w ith IS or the sender directly.**
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Good Afternoon Everyone,
There have been quite a few important updates that have happened to the Garispe family in the past few weeks. We wanted to
take the time to update everyone who has taken an interest in our pursuit for justice and equity.
Dad, Ame de e Garis pe , had his colonoscopy on 7/14/25. Dr. Dana Pan (GI) is referring Dad back to Dr. Jenny Zhou at Keck
USC, for treatment of a tumor on his ascending colon. His recent blood test indicated an elevated level of CEA, which is
indicative, given the results from the recent procedure. CT scans have been ordered and will be done on 7/25/25.
Mom, M arce la Garis pe , is taking all of this really hard. She has been steadfast in her commitment to fight to uphold her rights
as a tenant not to be abused and retaliated against, but there is nothing more important than maintaining her health.
We had another phone meeting with Supervisor Solis’s office, Dr. Michelle Tsiebos - Environmental Health Services Manager,
East Region, and Annette Trejo Environmental Justice Officer. We asked for help to navigate the complicated road that renters
face of being stuck in the middle between suffering asbestos exposure yet enjoying no rights to information or input regarding the
testing or cleanup. Essentially, the victim is at the complete mercy of the perpetrator, and the agency in charge of enforcement has
given the perpetrator full liberty to enforce themselves, with an almost nonexistent enforcement ability to ensure compliance.
In our family’s case, the unlicensed owners of an environmental survey company (EMG, of Garden Grove) posed as Certified
Asbestos Contractors (CAC). The two unidentified men refused to provide a business card or furnish their CAC badge and
licensing for inspection when requested. We have been informed by Dean Mochrie, CAC for Cal/OSHA’s Asbestos and
Carcinogen Unit (ACU), under the Department of Industrial Relations that in order to maintain licensing and certification as a
CAC, one must present said information upon request. The survey was deemed deficient, questionable, and eventually
invalidated by the SCAQMD because protocols within the law were broken/not followed.
This would not have happened if not for direct advocacy and intervention by us, Se th and Olivie r Garis pe : contacting multiple
state and county agencies (with multiple follow up emails and phone calls), conducting independent research in tandem with a
privately hired investigator, sending emails to the landlord/property manager and landlord’s attorney requesting project
documents (which we are not legally entitled to have without their permission), education on asbestos abatement including the
CAC survey, P5 plan, and sample chain of custody to identify inconsistencies and red flags in the survey process and reports.
The SCAQ MD inspector wanted very much to help, but was blocked by jurisdictional issues and red tape.
N ow we are back to square one, awaiting to hear from the property manager when he plans to schedule a new asbestos survey.
Various city, county, and local agencies that enforce state and federal regulations have passed along the buck of responsibility to
someone else. O ur Diamond Bar home and family have been exposed to contaminants and toxic substances willfully and
negligently. Our family has not been in a position to move out permanently due to the scarcity of units within our budget and
location of available units to our current doctors and specialists offices. We have had our ceilings opened for almost 3 months
now, with unknown continued spread of asbestos fibers around the unit, and while it is a victory having the fake CAC report
thrown out, it is daunting having to start at the beginning with no enforcement in regards to expediency, alternative living
arrangements, or even halting the eviction action against us until this health emergency is remedied.
County and state-wide, renters and leasees are at the mercy of landlords, property managers, and management companies.
Citations and penalties can be given out by the SCAQ MD, but what is missing is the enforcement arm to flex and get the actual
work done by licensed and certified individuals within a specified time limit before the government steps in and does the work
themselves (with a means to eventual reimbursement). It is much harder for renters and leasees to police and advocate for
themselves. The exploitation of the current system is ripe for inaccurate asbestos survey reports, chain of custody documentation,
testing labs results, Procedure 5 Plans under rule 1403 can be manipulated to benefit the landlord who hires the CAC, especially
when current regulations do not permit tenants legal rights to copies of any reports or plans. Sole discretion is up to the property
owner. Cal/OSHA Department of Industrial Relations only has jurisdiction over licensed CACs. When it comes to unlicensed
contractors, it is up to local, county, and state branches of government to go after bad actors who violate California’s Business
and Professions Code. Renters and Leasees face an absurd uphill battle that gives landlords and property managers an unfair
upper hand which creates a slippery slope that allows for discrimination of protected characteristics, abuse of elders, retaliation,
harassment, failure to negotiate in good faith are just a few of the injustices. As part of a community, there has been possible
exposure to the public at large, which is definitely a major concern for public health. An industrial hygienist should be sent to
verify that compliancy is followed. Without synergy and collaboration between agencies to address a myriad issues, there is a
great disservice to the constituents who have entrusted politicians and regulatory bodies to look after the health and welfare of the
public. As we enter the summer months, our family will be doing what we can do stay cool without air conditioning. The
landlords and property manager live with the comforts of their multimillion dollar properties with HVAC cooling, and we cannot
run ours due to the contamination and risk of further spread of the asbestos fibers in the HVAC system.
What we would like to see, not just for our family, but any family who is stuck in a similar situation:
1. Establish an open dialogue with the appropriate agencies to begin a working plan to:
Achieve systemic change to protect vulnerable renters and leasees from being marginalized by house flippers, unscrupulous
landlords, and property managers. This is historically a marginalized and silenced group of working families and individuals in a
lower socio-economic level who are not afforded similar recourses that owners have at their disposal. This can be done through:
A) establishment of renter’s rights to information and access to all asbestos reports including the CAC survey report, sample
testing lab reports, chain of custody, P5 plan, and any additional documents provided by the SCAQMD and/or the abatement
company.
B) establishment of a partnership between the
SCAQMD and the local departments of public health (LA, OC, IE) to enforce orders from SCAQMD to comply within a timely
manner in renter occupied units for CAC surveys, abatement plans, abatement, and penalties for noncompliance. Enforcement
jurisdiction is the current Achilles heel for the SCAQMD and their lack of authority does not allow for their inspectors to force
property owners to abide by their orders. Fines at the end of the process may punish the property owners after the fact, but
nothing is in place to protect the health and well-being of the tenants’ or public’s in real time.
C) Education of tenants and landlords of new policies through the creation of an informational campaign partnering with LA
County’s DCBA.
Thank you to everyone who has supported us throughout this journey, and just know that we cannot do it alone. We appreciate
everyone’s help thus far, and any additional advice or assistance will be greatly appreciated.
Respectfully submitted,
The Garispe Family
1344 S Diamond Bar Blvd, Unit B
Diamond Bar, CA 91765