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179 SOUTH STREET VENTURE

Judicial · FY1990 · — · Final Order With Penalty · 3814

$74K
Penalty
Cost recovery
Compliance action

Case

Case Number
02-1990-0073
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
DOJ Docket
90-5-2-1-1494
Multimedia
N
Self-disclosure
N

Defendants (2)

Summary

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY THE PROPOSED DEF- ENDANTS' FAILURE TO COMPLY WITH THE NOTIFICATION, REMOVAL AND DISPOSAL PROCEDURES, SET FORTH IN 40 CFR SECT 61.147 AND 61.152, CONSECUTIVELY AND THEIR FAILURE TO COMPLY WITH THE NOTIFICATION REQUIREMENT SET FORTH IN SECTION 61.146. SPECIFICALLY: (1) IN APPROXIMATELY AUGUST THROUGH SEPTEMBER OF 1988, THE PROPOSED DEFENDANTS BEGAN TO RENOVATE AND FAILED TO NOTIFY EPA BEFORE THE RENOVATION BEGAN. (2) AFTER THIS RENOVATION, BAGS OF ASBESTOS WERE OBSERVED IN WHICH, IN VIOLATION OF SECT 61.147(E), REMOVED ASBESTOS MATERIAL HAD NOT REMAINED WET UNTIL IT WAS COLLECTED FOR DISPOSAL. DURING THIS PERIOD, DEFENDANTS ALSO FAILED TO ENSURE THAT THE ASBESTOS MATERIAL WAS PROPERLY DISPOSED. EPA ISSUED ORDERS FOR THESE VIOLATIONS. THE PROPOSED DEFENDANTS FILED UNTIMELY RESPONSES TO THESE ORDERS AND EVEN THOUGH THEY HIRED A LICENSED ASBESTOS REMOVAL CONTRACTOR THEY CONTINUED TO BE IN VIOLATION OF 40 CFR PART 61. IN EARLY OCTOBER, THE PROPOSED DEFENDANTS WERE OBSERVED REMOVING ASBESTOS WITH OUT ADEQUATELY WETTING THE MATERIAL. BAGS OF DRY ASBESTOS WERE ALSO OBSERVED IN THE BUILDING AND IN A VAN OUTSIDE THE BUILDING. INJUNCTIVE RELIEF DIRECTING THE PROPOSED DEFENDANTS TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENO- VATIONS AND DEMOLITIONS IN THE FUTURE;

Source

Authoritative
EPA ECHO
Machine
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