# STATE OF FLORIDA & THE FL. DEPT OF HRS
> **Judicial** · FY1985 · — · Final Order With Penalty
## Case
- **Activity ID:** `20231`
- **Case Number:** 04-1985-0019
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $28K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- FLORIDA DEPT OF HEALTH & REHAB SVCS (complaint) (settlement)
- FLORIDA, STATE OF (complaint) (settlement)
## Summary

NATURE OF THE CASE:  THIS ACTION IS BROUGHT PURSUANT TO    CAA 112(C) (E) & CAA 113(B), THE ASBESTOS NESHAP.            DEFENDANT IS A SOVEREIGN STATE, THE GOVERNMENT OF WHICH IS   SEATED AT THE STATE CAPITOL, TALLAHASSEE, FLORIDA.           THE DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, AN AGEN- CY OF THE STATE OF FLORIDA, COMMENCED RENOVATION OF A STATE  OWNED BUILDING CONTAINING FRIABLE ASBESTOS MATERIALS AT THE  SUNLAND CENTER IN TALLAHASSEE, FLORIDA, W/OUT PROVIDING      WRITTEN NOTICE OF INTENTION TO RENOVATE AS REQUIRED BY 40    C.F.R. SECTION 61.146. DURING THE RENOVATION, FRIABLE ASBES- TOS MATERIALS WERE NOT REMOVED PRIOR TO DISMANTLING THAT     WOULD BREAK-UP THOSE MATERIALS, & FRIABLE ASBESTOS MATERIALS THAT HAD BEEN REMOVED WERE NOT KEPT WET UNTIL COLLECTED FOR  DISPOSAL, IN VIOLATION OF 40 C.F.R. SECTION 61.147.            NATIONAL OR PRECEDENTIAL ISSUES:  A POSSIBLE NATIONAL AND  PRECEDENTIAL ISSUE MIGHT BE RAISED IF THE STATE ASSERTS AS A DEFENSE THAT EPA ENFORCEMENT ACTION IS PRECLUDED BY THE DELE GATION OF NESHAP ENFORCEMENT AUTHORITY TO THE FLORIDA DER.   BASED UPON A CONVERSATION BETWEEN WINSTON A. SMITH, DIRECTOR AIR, PESTICIDES & TOXICS MANAGEMENT DIVISION & STEVE SMALL-  WOOD, CHIEF, BUREAU OF AIR QUALITY MANAGEMENT, FLORIDA DER,  THE DER WILL NOT BE ASSESSING PENALTIES FOR THE VIOLATIONS.    RELIEF SOUGHT:  THE RELIEF TO BE SOUGHT INCLUDES AN IN-    JUNCTION PROHIBITING FURTHER VIOLATIONS OF THE ASBESTOS      NESHAP & A CIVIL PENALTY.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*