# BEN LUM CONSTRUCTION, LTD.
> **Judicial** · FY1991 · — · Final Order With Penalty
## Case
- **Activity ID:** `52235`
- **Case Number:** 09-1991-0006
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $28K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- AMERICAN TRUST CO. OF HAWAII, INC. (complaint) (settlement)
- BEN LUM CONSTRUCTION, LTD. (complaint) (settlement)
- CHEW Y. LUM TRUST
- LUM, BENJAMIN C.F. (complaint) (settlement)
- LUM, ERNEST K. F. (complaint) (settlement)
- RICHARD W.C. LUM TRUST
## Summary

THE 730 UMI STREET APARTMENT COMPLEX ( THE FACILITY ),     LOCATED IN HONOLULU, HAWAII, IS COMPRISED OF A TWO-STORY     BUILDING AND THREE-STORY BUILDING, AND CONTAINS A TOTAL OF   TWENTY APARTMENTS.  THE FACILITY IS OWNED BY RICHARD W.C.    LUM TRUST AND CHEW Y. LUM TRUST.  IN AUGUST, 1990, BEN LUM   CONSTRUCTION, LTD., A FIRM BELIEVED TO HAVE A FAMILY         CONNECTION WITH RICHARD W.C. LUM TRUST AND CHEW Y. LUM TRUST REMOVED APPROXIMATELY 800 SQUARE FEET OF FRIABLE ASBESTOS-   CONTAINING MATERIAL ( ACM ) FROM THE CEILINGS IN TWO ONE-    BEDROOM APARTMENTS AT THE FACILITY.  THE DEFENDANTS FAILED   TO GIVE NOTICE OF THIS REMOVAL TO EPA OR THE STATE OF        HAWAII.  THIS FAILURE IS A VIOLATION OF 40 C.F.R. 61.146.    IN ADDITION, AN INSPECTION BY THE STATE OF HAWAII REVEALED   THAT THE ASBESTOS WAS REMOVED WITHOUT BEING WETTED AND WAS   NOT KEPT WET UNTIL COLLECTED FOR DISPOSAL.  THESE REMOVAL    PRACTICES ARE VIOLATIONS OF 40 C.F.R. 61.147 (C) AND (E).    THE NESHAP PROGRAM HAS NOT BEEN DELEGATED TO THE STATE OF    HAWAII.

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