# BIG APPLE WRECKING CORP & LEON D. DE MATTEIS CORP.
> **Judicial** · FY1988 · — · Final Order With Penalty
## Case
- **Activity ID:** `3005`
- **Case Number:** 02-1988-0384
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $40K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BIG APPLE WRECKING CORP (complaint) (settlement)
- CRESCENT-DUANE COMPANY (complaint) (settlement)
- LEON D. DEMATTEIS CONSTRUCTION CORP (complaint) (settlement)
## Summary

THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE    PROPOSED ACTION.  SECTION 112 OF THE CLEAN AIR ACT, 42 U.S.C SECTION 7412 SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C.     SECTION 7413 40 CFR PART 61, SUBPART M (61.140 ET. SEQ.)       BIG APPLE WRECKING CORP.    LEON D. DEMATTEIS CONSTRUCTION   748 BRUSH AVE               820 ELMONT ROAD                  BRONX, N.Y.                 ELMONT, N.Y.                   THE VIOLATIONS UPON WHICH THE ACTION IS BASED.                 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS   ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY   WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND DISPOSAL   REQUIREMENTS.  SPECIFICALLY, ON MARCH 9, 1988, THE DEF'S     WERE DEMOLISHING A BUILDING WITHOUT HAVING NOTIFIED EPA, IN  VIOLATION OF 40 CFR SECTION 61.146 AND WITHOUT HAVING ALL    FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FACILITY, IN     VIOLATION OF 40 CFR 61.147(A).  IN ADDITION, THE DEF'S       FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACILITY COMPONENTS BEFORE     THE MEMBERS WERE REMOVED FROM THE FACILITY, IN VIOLATION OF  40 CFR 61.147(C), AND DID NOT ENSURE THAT THEY WERE COLLEC-  TED FOR DISPOSAL, IN VIOLATION OF 40 CFR 61.147(E) (1).  THE DEF'S ALSO DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR   DURING THE COLLECTION OF ASBESTOS CONTAINING MATERIAL, IN    VIOLATION OF 40 CFR 61.152(B).                                 MARCH 11, 1988, EPA SENT BIG APPLE A

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