RIVER PLACE PROPERTIES

THE COMPANY IS IN VIOLATION OF 40 CFR 61.147 WHICH REQUIRES THE REMOVAL OF FRIABLE ASBESTOS MATERIALS PRIOR TO ANY WRECKING OR DISMANTLING AND 40 CFR 61.152 WHICH PROHIBITS THE DISCHARGE OF VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ANY ASBESTOS CONTAINING WHATE MATERIAL. A LITIGATION REFERRAL PACKAGE FOR VIOLATIONS OF THE CAA 41 USC S7401, ET SEQ., AND THE NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS), 40 CFR PART 61, PROMULGATED THEREUNDER, SPECIFICALLY SUBPART M, NAT'L EMISSION STANDARD FOR ASBESTOS. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE EASTERN DIST OFFICE OF USEPA. THE INSPECTORS OBSERVED THE CONSTRUCTION CONTRACTOR PERFORMING GUTTING WORK IN THE FACILITY IN PREPARATION FOR AN ASBESTOS CONTRACTOR'S ABATEMENT OF THE FACILITY. THE INSPECTORS OBSERVED THE CONSTRUCTION CONTRACTOR WRECK AND DISMANTLE FACILITY COMPONENTS IN A FASHION THAT BROKE UP THE ASBESTOS MATERIALS PRIOR TO REMOVAL OF THE ASBESTOS MATERIALS, THUS IN VIOLATION OF 40 CFR 61.147A. THE INSPECTORS TOOK SAMPLES AND PHOTOGRAPHS AND WROTE AN INSPECTION REPORT AS EVIDENCE OF THE VIOLATION. REGION V SEEKS A PERMANENT INJUNCTION AGAINST THE DEFENDANT AND A CIVIL PENALTY OF AT LEAST $35,000. A FINDING OF VIOLATION WAS ISSUED TO DEFENDANT ON JULY 29, 1988, AND A SETTLEMENT CONFERENCE WA