# PHENIX CITY, CITY OF
> **Judicial** · FY1989 · — · Final Order With Penalty
## Case
- **Activity ID:** `20520`
- **Case Number:** 04-1989-0127
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $3K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CIC INSULATION COMPANY, INC. (complaint) (settlement)
- PHENIX CITY, CITY OF (complaint) (settlement)
## Summary

ON THE AFTERNOON OF SEPTEMBER 18, 1988 AN INSPECTOR       REPRESENTING THE ALABAMA DEPARTMENT OF ENVIRONMENTAL         MANAGEMENT (ADEM) WAS IN PHENIX CITY, ALABAMA TO OBSERVE     THE ASBESTOS ABATEMENT PROJECT BEING PERFORMED BY CIC        INSULATION COMPANY, INC. AT THE PHENIX CITY HALL AND ANNEX   BUILDING.  THIS ASBESTOS RENOVATION PROJECT IS SUBJECT TO    THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLU-     TANTS (NESHAP), 40 CODE OF FEDERAL REGULATIONS (C.F.R.)      PART 61, SUBPART M, THE IMPLEMENTATION AND ENFORCEMENT OF    WHICH WERE DELEGATED TO THE STATE OF ALABAMA UPON APPROVAL   IN THE JUNE 10, 1985 FEDERAL REGISTER (FR) 50 FR 24196.         AT THE TIME OF THE SEPTEMBER 18, 1988 INSPECTION, THE     REMOVAL CREW WAS IN THE PROCESS OF SHOVELING REMOVED         ASBESTOS-CONTAINING MATERIAL (ACM) WASTE INTO BAGS.  THE ACM IN THE OPEN BAGS AND ON THE FLOOR AND THE OTHER SURFACES     WAS FOUND TO BE COMPLETELY DRY, EXHIBITING A POWDERY         TEXTURE.  A SAMPLE OF THE ACM WAS SCOOPED OFF OF THE FLOOR   FROM A COURTROOM ON THE SECOND FLOOR OF THE BUILDING.        DEFENDANTS THE CITY OF PHENIX CITY, ALABAMA AND CIC          INSULATION COMPANY, INC. VIOLATED 40 C.F.R. SECTION 61.147   (E)(1) BY FAILING TO ADEQUATELY WET THE FRIABLE ASBESTOS     PRIOR TO DISPOSAL DURING THE RENOVATION PROJECT.

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