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MURNICK, THEODORE

Judicial · FY1990 · — · Final Order With Penalty · 3767

$25K
Penalty
Cost recovery
Compliance action

Case

Case Number
02-1990-0009
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
DOJ Docket
90-5-2-1-1466
Multimedia
N
Self-disclosure
N

Defendants (2)

Summary

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY THE PROPOSED DEFEN- DANTS' FAILURE TO COMPLY WITH REMOVAL AND DISPOSAL PROCE- DURES, SET FORTH IN 40 CFR 61.147 AND 61.152, CONSECUTIVELY, AND THEIR FAILURE TO COMPLY WITH THE NOTIFICATION REQUIRE- MENT SET FORTH IN 61.146. SPECIFICALLY: (1) DURING THE SUMMER OF 1987, THE PROPOSED DEFENDANTS FAILED TO NOTIFY EPA BEFORE DEMOLITION AND/OR RENOVATION BEGAN, IN VIOLATION OF 40 CFR 61.146(B)(4); (2) DURING THE SAME PERIOD THE PROPOSED DEFENDANTS FAILED TO ENSURE THAT THE FRIABLE ASBESTOS WAS PROPERLY REMOVED AND REMAINED WET UNTIL COLLECTED FOR DISPO- SAL, IN VIOLATION OF SEVERAL SUBSECTIONS OF 40 CFR 61.147; (3) DURING THE SAME PERIOD, PROPOSED DEFENDANTS FAILED TO ENSURE THAT THE ASBESTOS MATERIALS WERE PROPERLY DISPOSED, IN VIOALTION OF 40 CFR 61.152(A); AND (4) SINCE JUNE 30, '88 PROPOSED DEFENDANTS HAVE NOT COMPLIED WITH EPA ADMINISTRA- TIVE ORDERS ISSUED AGAINST THEM. PROPOSED RELIEF: INJUNCTIVE RELIEF DIRECTING THE PROPOSED DEFENDANTS TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS IN THE FUTURE; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $155,200, BASED ON EPA'S AUGUST 22, 1989 FINAL ASBESTOS DEMOLITION AND RENOVA- TION CIVIL PENALTY POLICY. 08/09/93: DOJ SHOW TRANFER OF FUNDS 03/09/93 OF $25,000.00. *

Source

Authoritative
EPA ECHO
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