EPA v. BARR AND BARR COMPANY

Case summary

THIS ACTION FOR A CIVIL PENALTY AGAINST A GENERAL CON- TRACTOR, BARR & BARR, INC., & 2 SUBCONTRACTORS, NAPOLI WRECKING CO., INC., & NATIONAL SURFACE CLEANING, INC., CON- CERNS VIOLATIONS OF THE NATIONAL EMISSION STANDARDS FOR HA- ZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS, 49 CFR PART 61, SUBPART M. FACILITY: THE VIOLATIONS OCCURRED WHEN THE CONTRACTORS COMMENCED DEMOLITION OF FOUR BUILDINGS OWNED BY NEW ENGLAND BAPTIST HOSPITAL ( NEBP ). THE BUILDINGS WERE FORMER NURSING QUAR- TERS, LOCATED NEAR A PUBLIC PARK AND A RESIDENTIAL NEIGHBOR- HOOD IN THE CITY OF BOSTON. VIOLATIONS: ON APRIL 13, 1984, THE CONTRACTORS BEGAN DEMOLITION W/O PRIOR NOTICE TO EPA. ON THE SAME DAY, THE CITY OF BOSTON ISSUED A CEASE AND DESIST ORDER, HALTING THE WORK UNTIL PROPER NOTICE WAS SUBMITTED, AND COMPLIANCE W/FEDERAL,STATE, AND MUNICIPAL REQUIREMENTS FOR ASBESTOS CONTROL COULD BE AS- SURED. THE CONTRACTORS SENT EPA A NOTICE FORM ON THE SAME DAY. EPA & THE MASS DEPT OF ENVIRONMENTAL QUALITY ENGINEERING ( DEQE ) INSPECTED THE FACILITY ON APRIL 20 BEFORE ANY WORK RESUMED. EPA'S INSPECTOR FOUND THAT DEMOLITION HAD BEGUN ON TWO OF THE BUILDINGS PRIOR TO COMPLETE REMOVAL OF ASBESTOS AND THAT ASBESTOS HAD BEEN REMOVED IN ONE BUILDING W/O BEING WETTED, AND HAD BEEN STORED W/O BEING WETTED IN UNSEALED AND UNLABELLED BAGS. THE WASTE WAS LATER DISPOSED OF AT A FACI- LITY DIFFERENT FROM THE ONE NAMED IN THE NOTICE FORM SENT TO EPA. EPA'S AUTHORITY: THE PRESENT ASBESTOS NESHAP REGULATIONS, 40 CFR SECTIONS 61.140-61.156, WERE REPROMULGATED ON APR. 5, 1984 (49 FED. REG. 13661), UNDER THE AUTHORITY OF SECTION 112(E) OF THE CLEAN AIR ACT, 42 U.S.C. SEC 7412(E). THE REQUIREMENTS VIO- LATED IN THIS CASE WERE CONTAINED IN THE PREVIOUS REGS, PROMULGATED ON JUNE 19, 1978 (43 FED. REG. 26372). THEY ARE ENFORCEABLE UNDER THE PROVISIONS OF SECTIONS 113(B)(3), 112 (C) AND 112(E)(5) OF THE CAA, 42 U.S.C. SECTIONS 7413(B)(3), 7412(C) AND 7412(E)(5). PROPOSED PENALTY: THE DRAFT COMPLAINT SEEKS THE STATUTORY MAX OF $25,000/DAY OF VIOLATION FOR 7 VIOLATIONS FOR A SINGLE DAY. A TENTATIVE SETTLEMENT FIGURE OF $50,940 IS RECOMMENDED, BASED ON THE FACTORS DISCUSSED IN THE APR. 6, 1984 ASBESTOS STRATEGY DOC- UMENT. * FACILITY NAME: NEW ENGLAND BAPTIST HOSP 91 PARKER HILL AVE BOSTON, MA 02121 OWNERSHIP: P SIC CODE: EPID# MAD076618883

Defendants (3)

• NATIONAL SURFACE REMOVAL, INC.
• BARR AND BARR, INC.Named in complaintNamed in settlement
• NAPOLI WRECKING CO., INC.

Facilities (1)

• NEW ENGLAND BAPTIST HOSPITAL

  125 PARKER HILL AVENUE, BOSTON, MA, 021200000

  Registry ID: 110001947984

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BARR & BARR, ET ALentered 1985-03-13

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1984-06-28Referred To Headquarters
• 1984-07-18Referred To Dept Of Justice
• 1984-08-27Referred TO U.S. Attorney
• 1984-09-05Complaint Filed With Court
• 1985-03-13Final Order Entered
• 1985-03-13Concluded
• 1985-03-13Final Order Lodged
• 1986-03-13Enforcement Action Closed