EPA v. BEARDSLEY TERRACE HOUSING PROJECT

Case summary

THIS ACTION INVOLVES VIOLATIONS OF ASBESTOS NATIONAL EMISSION STDS, FOUND AT 40 CFR PART 61, THAT OCCURRED DURING DEMOLITION OF 2 BLDGS IN BRIDGEPORT, CT. THE DEFENDANTS VIO LATED APPLICABLE REQUIREMENTS REGARDING PRIOR NOTIFICATION TO EPA OF A DEMOLITION & STDS FOR PERFORMING THE OPERATION. THE CONNECTICUT HOUSING AUTHORITY (CHA) OWNS BEARDSLEY TER- RAC, A PUBLIC RESIDENTIAL HOUSING PROJECT ON TRUMBELL AVE IN BRIDGEPORT, CT. CHA HIRED GENERAL CONTRACTOR, SCHNABEL AS- SOCIATES, INC., WHO SPECIALIZES IN CONSTUCTION OF APARTMENT BUILDINGS. SCHNABEL SUBCONTRACTED THE DEMOLITION WORK AT BEARDSLEY TERRACE TO BRIDGEPORT WRECKING CO. (BWC), A COM- CERCIAL, RESIDENTIAL, & INDUSTRIAL DEMOLITION CONTRACTOR. BEARDSLEY TERRACE IS LOCATED IN A POVERTY-STRICKEN AREA OF BRIDGEPORT, CT, & AT THE TIME OF EPA'S INITIAL INVOLVE- MENT, THE SITE COMPRISED 9 HIGH-RISE BLDGS, 3 OF WHICH WERE OCCUPIED BY TENANTS. 2 OF THESE BLDGS (NO. 9 & NO. 6) WERE DEMOLISHED BY BWC & ARE THE SUBJECTS OF THIS ENFORCEMENT AC- TION. DEMOLITION IS ONGOING. ON MAY 20, 1985, SCHNABEL SENT NOTIFICATION TO EPA OF ITS INTENTION TO DEMOLISH 2 MORE BLDGS IN JULY 1985, AGAIN SUBCONTRACTING OUT TO BWC. ACCORDING TO A SCHNABEL ESTIMATE GIVEN IN RESPONSE TO SECT 114 REPORTING REQUIREMENTS, BLDGS 6 & 9 EACH CONTAIN APPROXIMATELY 5,000 LINEAR FT OF FRIABLE MATERIALS. EPA SAM PLES TAKEN FROM BOTH BLDGS PROVED POSITIVE FOR ASBESTOS. VIOLATIONS: BWC BEGAN DEMOLISHING BLDG 9 ON OCT 8, 1984. EPA DID NOT RECEIVE ANY WRITTEN NOTIFICATION PRIOR TO THAT DATE OF THE INTENDED DEMOLITION FROM CHA, SCHNABEL, OR BWC, IN VIOLA TION OF 40 CFR 61.146. EPA ENGINEERS INSPECTED BEARDSLEY ON 10/23/84 & OBSERVED PIPES COVERED W/DRY, FRIABLE MATERIALS IN THE BASEMENT. FAILURE TO REMOVE ALL FRIABLE ASBESTOS MA- TERIALS FROM THE BLDG BEFORE WRECKING VIOLATED 40 CFR PART 61.147(A). ON 11/19/84, EPA COMPLIANCE ENGINEERS INSPECTED THE SITE & OBSERVED THAT DEMOLITION OF BLDG 6 WAS IN PROGRESS. AGAIN EPA RECEIVED NO NOTIFICATION FROM ANY OF THE DEFENDANTS OF THE INTENDED DEMOLITION OF BLDG 6, IN VIOLATION OF THE NOTI- FICATION REQUIREMENTS OF 40 CFR 61.146. DURING THE NOV 19TH INSPECTION, COMPLIANCE ENGINEERS FOUND INSULATION MATERIALS COVERING PIPES THROUGHOUT THE BLDG. EPA ANALYSIS OF SAMPLES TAKEN OF THESE MATERIALS PROVED POSITIVE FOR ASBESTOS. AGAIN, DEFS WERE IN VIOLATION OF 40 CFR 61.147(A) FOR FAIL- ING TO REMOVE ALL FRIABLE ASBESTOS-CONTAINING MATERIALS BE- FORE WRECKING. INSPECTORS ALSO OBSERVED PIECES OF DRY, FRIABLE MATERIALS THAT HAD BEEN STRIPPED FROM PIPES LITTER- ING THE BASEMENT, 1ST, 2ND, & 3RD FLOORS. FAILURE TO ADE- QUATELY WET FRIABLE ASBESTOS MATERIALS STRIPPED FROM PIPES & STRUCTURAL COMPONENTS IN BLDG 6 UNTIL THEY COULD BE COLLECT- ED FOR DISPOSAL CONSTITUTES A VIOLATION OF 40 CFR 61.147(E). EPA INSPECTORS PROCEEDED TO BWC HQ & FOUND A BUS ON THE SITE WHICH BWC WAS USING AS AN INTERIM STORAGE SPACE FOR THE ASBESTOS MATERIALS REMOVED FROM BLDG 6. THE PROPERTY WAS FENCED BUT NO WARNING SIGNS WERE POSTED. THE ENGINEERS FOUND THAT APPROX. 30 UNLABELLED BAGS FULL OF INSULATION MA- TERIALS WERE STORED IN THE BUS; THAT APPROX 1/2 OF THE BAGS WERE RIPPED OPEN, EXPOSING DRY, FRIABLE INSULATION MATERIAL; & SMALL AMTS OF INSULATION MATERIALS WERE OUSIDE THE BUS. SAMPLES OF THE MATERIALS INSIDE & OUTSIDE THE BUS PROVED TO BE ASBESTOS. POTENTIAL FOR EXPOSURE: POTENTIAL RISK TO THE GENERAL PUBLIC WAS SIGNIFICANT. LARGE AMTS OF FRIABLE ASBESTOS WERE INVOLVED IN THE DEMOLI- TION, & THE SITE IS IN HEAVILY TRAFFICKED AREA OF BRIDGEPORT W/SUBSTANTIAL HUMAN POPULATIONS NEARBY IN ALL DIRECTIONS. 3 OF THE BLDGS WERE FULLY OCCUPIED DUR'G THE DEMOLITION, & THE HOUSING PROJECT IS IN A RESIDEN

Defendants (4)

• BRIDGEPORT WRECKING CO. (BWC)Named in complaintNamed in settlement
• CAPOZZIELLO, THOMASNamed in complaintNamed in settlement
• CONNECTICUT HOUSING AUTHORITY (CHA)Named in complaintNamed in settlement
• SCHNABEL ASSOCIATES, INC.Named in complaintNamed in settlement

Facilities (1)

• BEARDSLEY TERR HOUSING PROJECT

  TRUMBELL AVE, BRIDGEPORT, CT, 06604

  Registry ID: 110010639933

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BEARDSLEY TERRACE HOUSINGentered 1989-06-09

  Primary law: CAA

  Federal penalty: $140,000

Timeline (8 milestones)

• 1985-06-28Referred To Headquarters
• 1985-07-17Referred To Dept Of Justice
• 1985-09-30Referred TO U.S. Attorney
• 1985-10-02Complaint Filed With Court
• 1989-06-09Final Order Lodged
• 1989-06-09Final Order Entered
• 1989-06-09Concluded
• 1997-12-31Enforcement Action Closed