# TUSCAN DAIRY INC
> **Judicial** · FY1988 · — · Final Order With Penalty
## Case
- **Activity ID:** `2970`
- **Case Number:** 02-1988-0325
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $15K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- AVERSA BROTHERS INC (complaint) (settlement)
- TUSCAN DAIRY INC (complaint) (settlement)
## Summary

ON OCTOBER 27, 1987 A LOCAL FIRE MARSHALL NOTIFIED EPA     REGION II THAT THE SUFFOLK COUNTY HEALTH DEPT HAD STOPPED A  DRY REMOVAL BEING DONE TO A BOILER INSULATED WITH ASBESTOS   CONTAINING MATERIAL, AT THE TUSCAN DAIRY IN LINDENHURST ON   LONG ISLAND.  NO LICENSED ASBESTOS REMOVAL CONTRACTOR HAD    BEEN EMPLOYED AT THAT TIME BY EITHER AVERSA BROTHERS OR      TUSCAN DAIRY.                                                  ON 11/28/87, AN EPA INSPECTOR VISITED THE SITE.  THE CLAIM MADE AT THE TIME OF THE INSPECTION WAS THAT THE ORIGINAL     CONTRACTOR AND THE DIARY WERE UNAWARE OF THE REGULATORY      REQUIREMENTS AT THE TIME OF THE BOILERS BEING CHANGED OVER.    DEFENDANTS HAVE VIOLATED THE NOTIFICATION REQUIREMENTS OF  SECTION 61.146.  THEY HAVE VIOLATED THE PROCEDURES FOR ASB   EMISSION CONTROL AT 61.147(C) & (E) (I) BY FAILING TO ADEQU- ATELY WET THE FRIABLE ASB BEFORE IT WAS REMOVED FROM THE     BOILER AND BY FAILING TO ADEQUATELY WET THE FRIABLE ASB TO   ENSURE THAT IT REMAINED WET UNTIL COLLECTED FOR DISPOSAL.    THEY HAVE ALSO VIOLATED 61.152(B) BY DISCHARGING VISIBLE     EMISSIONS TO THE OUTSIDE AIR, FAILING TO SEAL ALL FRIABLE    ASB INTO LEAKTIGHT CONTAINERS WHILE WET, AND FAILING TO      PROPERLY LABEL THOSE CONTAINERS.                               EPA REGION II WAS THE FIRST AGENCY WITH ENFORCEMENT        AUTHORITY TO BE NOTIFIED OF THE RENOVATION INVOLVING THE     REMOVAL OF FRIABLE ASBESTOS.  BECAUSE OF THE DANGEROUS       NATURE OF THE POLLUTANT AND THE IMMEDI

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