EPA v. LAMOTTE TRUCKING

Case summary

DEFENDANTS: REG I PROPOSES A CIVIL ACTION AGAINST A DEMOLITION CON- TRACTOR, LAMOTTE TRUCKING & SALVAGE, & THE OWNERS OF A QUON- SET HUT IN MANCHESTER, NH, 87 ELM ST. ASSOCIATES, FOR VIOLA- TIONS OF THE NATIONAL EMISSION STDS FOR HAZARDOUS AIR POLLU- TANTS (NESHAP) FOR ASBESTOS, FOUND AT 40 C.F.R. PART 61, SUBPART M. FACILITY: THE VIOLATIONS OCCURRED WHEN LAMOTTE TRUCKING & SALVAGE COMMENCED DEMOLITION OF A QUONSET HUT, LOCATED AT 113 S. ELM ST., MANCHESTER, NH. THE WALLS OF THIS BUILDING WERE COVERED W/ASBESTOS INSULATION. THE QUONSET HUT WAS NEXT TO A RES- TAURANT & IN A HEAVILY TRAFFICKED BUSINESS AREA. VIOLATIONS: SOMETIME BETWEEN MAY 14 & MAY 17, 1984, LAMOTTE TRUCKING & SALVAGE BEGAN DEMOLITION OF THE QUONSET HUT W/O EPA OR THE STATE HAVING RECEIVED PRIOR NOTIFICATION FROM THE CONTRACTOR OR PROPERTY OWNERS. ON MAY 18, 1984, THE CITY OF MANCHESTER ORDERED THE WORK TO STOP. THAT DAY 2 REPRESENTATIVES OF THE NH AIR RESOURCES AGENCY (NHARA) INSPECTED THE SITE & TOOK A SAMPLE OF THE INSULATION MATERIAL. THE STATE INSPECTORS OB- SERVED VISIBLE EMISSIONS COMING FROM AN OPENING IN THE ROOF OF THE HUT. THEY SAW THAT BEFORE MOST OF THE ASBESTOS HAD BEEN REMOVED FROM THE HUT DEMOLITION HAD BEGUN. SOME ASBES- TOS WAS LYING ON THE GROUND OUTSIDE THE BUILDING. WET AS- BESTOS COVERED THE FLOOR OF THE HUT. SOME REMOVED ASBESTOS WAS IN SEALED, BUT UNLABELLED, BAGS. BOTH CITY HEALTH DEPT & NHARA REPS REQUESTED THAT THE BUILDING BE SEALED & A PLAN FOR THE PROPER REMOVAL OF THE ASBESTOS-CONTAINING MATERIAL BE SUBMITTED TO THE NHARA. THEREAFTER, LAMOTTE ATTEMPTED TO SEAL THE HUT W/PLASTIC SHEETING. 2 ENGINEERS INSPECTED THE SITE ON JUNE 5, 1984, TAKING SAMPLES FROM INSIDE & OUTSIDE THE HUT, WHICH WERE FOUND TO CONTAIN 90% ASBESTOS. ALSO IN JUNE, 87 ELM ST. ASSOC HIRED ANOTHER CONTRACTOR, DEC-TAM CORP., WHICH COMPLETED THE ASBESTOS REMOVAL IN JULY IN AC- CORDANCE WITH THE NESHAP FOR ASBESTOS. PROPOSED REMEDY: THE COMPLAINT SEEKS INJUNCTIVE RELIEF REQUIRING THE DEFS TO COMPLY FULLY W/THE ASBESTOS REGS IN FUTURE DEMOLITION OR RENOVATION WORK & CIVIL PENALTIES OF $25,000/DAY OF VIOLA- TION. A TENTATIVE SETTLEMENT FIGURE OF $297,449 HAS BEEN CALCULATED, BASED ON FACTORS IN EPA'S APR. 6, 1984 ASBESTOS STRATEGY DOCUMENT.

Defendants (2)

• 87 ELM STREET ASSOCIATESNamed in complaintNamed in settlement
• LAMOTTE TRUCKING AND SALVAGENamed in complaintNamed in settlement

Facilities (1)

• LAMOTTE TRUCKING

  113 SOUTH ELM ST, MANCHESTER, NH, 03103

  Registry ID: 110010761737

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• LAMOTTE TRUCKINGentered 1986-06-16

  Primary law: CAA

  Federal penalty: $35,000

Timeline (9 milestones)

• 1984-06-05Enforcement Action Data Entered
• 1984-09-26Referred To Headquarters
• 1984-10-11Referred To Dept Of Justice
• 1985-02-28Referred TO U.S. Attorney
• 1985-03-03Complaint Filed With Court
• 1986-06-16Final Order Lodged
• 1986-06-16Final Order Entered
• 1986-06-16Concluded
• 1987-06-30Enforcement Action Closed