# FIANO-POTTERTON ET AL
> **Judicial** · FY1991 · — · Final Order With Penalty
## Case
- **Activity ID:** `237`
- **Case Number:** 01-1991-0017
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $68K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ART BARBER EXCAVATING, INC. (complaint) (settlement)
- FIANO-POTTERTON ET AL (complaint) (settlement)
- JOHN OLENDER CORPORATION
- M.F. BANK RECONSTRUCTION COMPANY (complaint) (settlement)
## Summary

THE CASE INVOLVES VIOLATIONS OF THE NATIONAL EMMISSION       STANDARDS FOR HAZARDOUS AIR POLLUTANTS ASBESTOS REGULATIONS  ( ASBESTOS NESHAP ), 40 C.F.R. PART 61, SUBPART M, WHICH     OCCURRED DURING AN ORDERED DEMOLITION AT THE EL CAMINO       PLAZA, A RETAIL SHOPPING CENTER LOCATED AT 428 HARTFORD      TURNPIKE IN VERNON, CONNECTICUT.                             THE ALLEGATIONS INCLUDE FAILURE TO PROVIDE EPA PRIOR,        WRITTEN NOTICE OF THE INTENTION TO DEMOLISH, FAILURE TO      ADEQUATELY WET FRIABLE ASBESTOS MATERIALS THAT HAD BEEN      REMOVED OR STRIPPED, AND FAILURE TO ADEQUATELY WET FRIABLE   ASBESTOS MATERIALS DURING WRECKING. CITING THE VIOLATIONS AT ISSUE IN THIS ACTION, EPA PREVIOUSLY ISSUED IMMEDIATE        COMPLIANCE ORDERS AND REPORTING REQUIREMENTS TO ALL KNOWN    OWNERS AND OPERATORS OF THE SUBJECT DEMOLITION OPERATION.    THOSE PARTIES ARE NAMED AS DEFENDANTS HEREIN AND INCLUDE THE OWNER, FIANO-POTTERTON (INCLUDING ROBERT S. POTTERTON, SR.,  LORI FIANO, EVELYN E. POTTERTON, AND RUSSELL L. POTTERTON,   AS TENANTS IN COMMON), AND OPERATORS, JOHN R. OLENDER        CORPORATION, M.F. BANK RESTORATION COMPANY, AND ART BARBER   EXCAVATING, INC.                                             NO PRIOR ENFORCEMENT ACTIONS ARE KNOWN TO HAVE BEEN TAKEN BY EPA AGAINST ANY OF THE DEFENDANTS PURSUANT TO THE ASBESTOS   NESHAP. IN ADDITION, EPA HAS NOT CITED DEFENDANTS FOR ANY    PRIOR VIOLATIONS IN OTHER EPA PROGRAMS.

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