# FOODLAND SUPER MARKET, INC.
> **Judicial** · FY1991 · — · Final Order With Penalty
## Case
- **Activity ID:** `52255`
- **Case Number:** 09-1991-0026
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $40K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- FOODLAND SUPER MARKET, INC. (complaint) (settlement)
- H&H BUILDERS, INC. (complaint) (settlement)
## Summary

1460 SOUTH BERETANIA STREET IN HONOLULU, HAWAII IS A       ONE-STORY SUPER MARKET CONTAINING 13,542 SQUARE FEET OF      FLOOR SPACE.  THE FACILITY IS OPERATED BY FOODLAND, SUPER    MARKET INC.  FOODLAND HIRED H&H BUILDERS TO PARTIALLY        RENOVATE THE SUPER MARKET.  ONE OF H&H'S JOBS WAS TO REMOVE  APPROXIMATELY 8,222 SQUARE FEET OF TILE FLOOR COVERING.      DURING THE COURSE OF THE RENOVATION, AN ANONYMOUS            COMPLAINANT CALLED THE HAWAII DEPARTMENT OF HEALTH ON        JUNE 3, 1991 AND ALLEGED THAT ASBESTOS FLOOR TILES WERE      BEING REMOVED IMPROPERLY.                                      DOH INVESTIGATED THE COMPLAINT ON THE SAME DAY AND FOUND   EMPLOYEES OF H&H CUTTING THE TILE WITH HAND-HELD SCRAPERS.   THE WORKERS WERE ACTUALLY REMOVING THE TOP LAYER OF 12 X12   WHITE TILE FROM AN UNDERNEATH LAYER OF 9 X9  FLOOR TILES OF  VARIOUS DARKER COLORS.  THE INVESTIGATOR WITNESSED THAT THE  CUTTING PRODUCED DEBRIS OF VARIOUS SIZE PIECES AND DUST      PARTICLES WHICH SETTLED IN AND AROUND THE SHELVES, THE FLOOR AND THE FOOD STOCK.  THE INVESTIGATOR ALSO WITNESSED THE     WORKERS SWEEPING THE DEBRIS AND COLLECTING IT UNBAGGED IN    PLASTIC BINS INSIDE THE STORE.  THE INVESTIGATOR ALSO        OBSERVED AN OPEN RUBBISH BIN OUTSIDE THE STORE WHICH         CONTAINED DEBRIS.  THE STORE REMAINED OPEN DURING THESE      OPERATIONS AND GROCERY SHOPPERS WALKED THROUGH THE PILES OF  DEBRIS IN THE AISLES.  LABORATORY TESTS CONFIRMED THE        MATERIAL TO CONTAIN AT A MINIMUM OF 2.

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