EPA v. GRANITE DEVELOPMNT CO. & CHARING CROSS

Case summary

THIS ACTION REQUESTS INJUNCTIVE RELIEF & CIVIL PENAL- TIES AGAINST A GENERAL CONTRACTOR (GRANITE DEVELOPMENT CO., INC.) & A REAL ESTATE DEVELOPER (CHARING CROSS CORP.) FOR VIOLATIONS OF THE NATIONAL EMISSION STD FOR ASBESTOS, 40 CFR PART 61, SUBPART M, WHICH OCCURRED DURING THE RENOVATION OF A SALEM, MA SCHOOL BUILDING THAT WAS BEING CONVERTED INTO CONDOMINIUMS. THE DEFS FAILED TO NOTIFY EPA OF THEIR INTENT TO RENOVATE THE SCHOOL PRIOR TO THE RENOVATION & FAILED TO COMPLY W/SPECIFIED WORK PRACTICE STDS FOR ASBESTOS REMOVAL. GRANITE DEVELOPMENT CO., INC. OPERATES AS A GENERAL CON TRACTOR OF INDUSTRIAL BLDGS & RESIDENTIAL BLDGS OTHER THAN SINGLE FAMILY HOMES. CHARING CROSS CORP. OWNS THE RENOVA- TION SITE (BOWDITCH SCHOOL, 35 FLINT STREET, SALEM, MA) & IS IN THE BUSINESS OF CONSTRUCTING, DEMOLISHING, DEVELOPING, & IMPROVING REAL PROPERTY. VIOLATIONS: SOMETIME IN JANUARY 1985, GRANITE DEVELOPMENT CORP BE- GAN RENOVATING THE BOWDITCH SCHOOL W/O FIRST NOTIFYING EPA OR THE MASS. DEPT OF ENVIRONMENTAL QUALITY ENGINEERING (DEQE). AN EPA ENGINEER INSPECTING THE SITE ON JAN 30, 1985 ESTIMATED THAT APPROXIMATELY 1200 LINEAR FT. OF PIPES IN THE SCHOOL'S BASEMENT WERE COVERED W/DRY FRIABLE INSULATION MA- TERIALS. UPON ANALYSIS, SAMPLES TAKEN WERE FOUND TO BE 50- 60% ASBESTOS BY VOLUME. APPROX 45-60 FT OF FRIABLE ASBESTOS CONTAINING INSULATION THAT HAD BEEN STRIPPED FROM PIPES WERE NOT WETTED & WERE LYING IN A PILE ON THE FLOOR. SOME PIPES WHICH HAD BEEN STRIPPED OF INSULATION WERE STILL COVERED W/ PIECES OF INSULATION THAT CONTAINED DRY FRIABLE ASBESTOS. AS A RESULT OF EPA'S INSPECTION, GRANITE DEVEL. CEASED WORK- ING ON THE PIPES & HIRED SAUNDERS ASSOCIATES OF CHELSEA, MA, TO REMOVE THE ASBESTOS MATERIALS IAW THE NESHAP FOR ASBES- TOS. SAUNDERS SUBMITTED PROPER WRITTEN NOTIFICATION TO EPA ON FEB. 4, 1985, & REMOVED 749 LINEAR FEET OF ASBESTOS MA- TERIALS ON PIPES ON FEB 15-19, 1985. THE NOTIFICATION & WORK PRACTICE STDS OF 40 CFR SECT'S 61.146 & 61.147 APPLY TO AN OWNER OR OPERATOR OF A RENOVA- TION IN WHICH AT LEAST 260 LINEAR FT OF ASBESTOS MATERIALS ON PIPES ARE STRIPPED OR REMOVED. NEITHER EPA NOR DEQE HAS ANY RECORD THAT IT REC'D NOTIFICATION OF RENOVATION PRIOR TO JAN 30, 1985. ALSO, AN EPA INSPECTOR OBSERVED THAT THERE WAS NO APPARATUS TO WET THE ASBESTOS INSULATION MATERIAL, WHICH HAD BEEN STRIPPED FROM PIPES & WERE LYING IN A PILE. SINCE THE RENOVATION SITE HAS BEEN CLEANED UP, THE BIG- GEST STUMBLING BLOCK TO SETTLEMENT COULD BE THE $15,640 PEN- ALTY THAT WAS CALCULATED FOR THE VIOL'S. THE REGION SEEKS A COURT ORDER DIRECTING THE DEFS TO NOTIFY EPA OF FUTURE RENO- VATIONS THAT FALL UNDER THE NESHAP FOR ASBESTOS & TO COMPLY W/REGS GOVERNING RENOVATION OPERATIONS.

Defendants (6)

• COLLIER, LAWRENCE AS TRUSTEE
• CROWNINGSHIELD CORP.
• GRANITE DEVELOPMENT CO., INC.Named in complaintNamed in settlement
• NESTOR, JOHN AS TRUSTEE
• SAUNDERS, CARL AS TRUSTEE
• SINGLETON, PHILIP AS TRUSTEE

Facilities (1)

• BOWDITCH SCH RENOVATION SITE

  35 FLINT ST, SALEM, MA, 01970

  Registry ID: 110010761782

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• GRANITE DEVELOPMENT CO, INC.entered 1987-03-24

  Primary law: CAA

  Federal penalty: $16,000

Timeline (7 milestones)

• 1985-06-21Referred To Headquarters
• 1985-07-16Referred To Dept Of Justice
• 1987-01-05Complaint Filed With Court
• 1987-03-24Final Order Lodged
• 1987-03-24Final Order Entered
• 1987-03-24Concluded
• 1988-04-01Enforcement Action Closed