# MURNICK, THEODORE
> **Judicial** · FY1990 · — · Final Order With Penalty
## Case
- **Activity ID:** `3767`
- **Case Number:** 02-1990-0009
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $25K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- HENRY V. VACCARO INC (complaint) (settlement)
- MURNICK, THEODORE (complaint) (settlement)
## 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.  *                                     

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*