# DELL'AQUILA ENTERPRISES AND SUBSIDIARIES
> **Judicial** · FY1988 · — · Litigated With Penalty
## Case
- **Activity ID:** `3078`
- **Case Number:** 02-1988-0537
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $6.35M
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ANTHONY DELL'AQUILLA (complaint) (settlement)
- DELL'AQUILA ENTERPRISES AND SUBSIDIARIES (complaint) (settlement)
- GRANT, HARRY (complaint) (settlement)
- SANDALWOOD CONSTRUCTION CORP (complaint) (settlement)
## Summary

THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLU-   TANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO    COMPLY WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND     DISPOSAL REQUIREMENTS.  SPECIFICALLY, ON JUNE 17, 1988, THE  DEFENDANTS WERE DEMOLISHING A BUILDING WITHOUT HAVING        NOTIFIED EPA, IN VIOLATION OF 40 CFR 61.146 AND WITHOUT      HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE       FACILITY, IN VIOLATION OF 40 CFR 61.147(A).  IN ADDITION,    THE DEFENDANTS FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACILITY COM-   PONENTS BEFORE THE MEMBERS WERE REMOVED FROM THE FACILITY,   IN VIOLATION OF 40 CFR 61.147(C), AND DID NOT ENSURE THAT    THE REMOVED FRIABLE ASBESTOS MATERIALS REMAINED WET UNTIL    THEY WERE COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR     61.147(E)(1).  THE DEFENDANTS ALSO DISCHARGED VISIBLE        EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBES- TOS CONTAINING MATERIAL, IN VIOLATION OF 40 CFR 61.152(B).     EPA ISSUED A COMPLIANCE ORDER TO EACH OF THE DEFENDANTS ON JUNE 29, 1988.  EPA SUBSEQUENTLY DOCUMENTED VIOLATIONS OF    THE ORDERS AND SOUGHT RELIEF BY APPLYING FOR A TEMPORARY     RESTRAINING ORDER (TRO) AND A PRELIMINARY INJUNCTION IN THE  DISTRICT COURT OF NEW JERSEY.  A PRELIMINARY INJUNCTION WAS  GRANTED ON JULY 22, 1988.                                      INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTRACTS FO

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