EPA v. RAYMARK CORPORATION

Case summary

THIS ACTION SEEKS INJUNCTIVE RELIEF & CIVIL PENALTIES AGAINST AN ASBESTOS MANUFACTURING FACILITY, RAYMARK INDUSTRI AL DIVISION, FOR VIOLATIONS OF THE NAT'L EMISSION STD FOR ASBESTOS, FOUND AT 40 CFR PART 61 SUBPART M, WHICH OCCURRED DURING THE MANUFACTURING & TRANSPORTING OF ASBESTOS-CONTAIN- ING MATERIALS. RAYMARK INDUSTRIAL DIVISION IN STRATFORD, CT EMPLOYS 600 PEOPLE IN THE PROD'N OF BRAKE SHOES & SPECIALTY PRODUCTS SUCH AS GASKETS & CLUTCH PADS, SOME OF WHICH CON- TAIN ASBESTOS. BETWEEN 1971 & JAN 1, 1984, RAYMARK CORP HAS BEEN A DEFENDANT OR CODEFENDANT IN 14,963 LAWSUITS ALLEGING INJURY &/OR DEATH FROM EXPOSURE TO ASBESTOS FIBERS IN THE AIR. ON OCT 22, 1984, EPA ISSUED AN ADMINISTRATIVE ORDER A- GAINST RAYMARK FOR RCRA VIOLATIONS. RAYMARK SIGNED A CON- SENT AGREEMENT W/EPA IN JUNE 1985, IN WHICH THEY AGREED TO CORRECT THE RCRA VIOL'S & PAY A CIVIL PENALTY. THE CONN DEP HAS FOUND RAYMARK IN VIOL OF STATE REGS 20 TIMES DURING THE LAST 2 YRS. NUMEROUS CITIZEN COMPLAINTS HAVE ALSO BEEN MADE TO EPA CONCERNING ODORS & PARTICULATE EMISSIONS COMING FROM THE STRATFORD FACILITY. VIOLATIONS: ON 3/7/84, 2 CT DEP INSPECTORS OBSERVED VISIBLE EMIS- SIONS OF WHITE PARTICULATE MATERIALS INTO THE OUTSIDE AIR AT THE STRATFORD FACILITY. THEY OBSERVED THAT THIS DUST ORIGI- NATED FROM A BAGHOUSE OR FABRIC FILTER WHILE 2 EMPLOYEES OF ATLANTIC VENTILATING & EQUIPMENT CO. WERE REPLACING THE FIL- TER BAGS. THIS FILTER WAS BEING USED TO FILTER PARTICULATE EMISSIONS FROM 1 OF ITS MANUFACTURING AREAS WHERE ASBESTOS- CONTAINING FRICTION PRODUCTS ARE MADE. THESE EMISSIONS VIO- LATED 40 CFR 61.22(C)(4). ACCORDING TO A RAYMARK RESPONSE TO SECT 114 REPORTING REQMNT, ASBESTOS-CONTAINING WST MATERIALS WERE BEING TRANS- PORTED ON 10/4/84 FROM ITS STRATFORD FACILITY TO A WST DISPO SAL SITE. AN 800-LB BAG CONTAINING ASBESTOS & LEAD WST DUST FELL OFF A TRUCK, RELEASING APPROX 20 LBS OF THE DUST TO THE OUTSIDE AIR, IN VIOLATION OF 40 CFR 61.152(B). THE CT DEP ISSUED A NOTICE OF VIOLATION (NOV) TO RAY- MARK ON 3/27/84 PURSUANT TO CT AIR REG 22A-174-9(B) REGULAT- ING NESHAP, FOR THE 3/7/84 BAGHOUSE INCIDENT. AN NOV WAS AL SO ISSUED ON 11/14/84 FOR THE OCT 4TH ASBESTOS SPILL. POTENTIAL ENVIRONMENTAL CONSEQUENCES: IN THE 2 INCIDENTS CITED, THE DEF FAILED TO ADHERE TO SAFETY PROCEDURES, & ITS FAILURE ENDANGERD THE GENERAL PUB- LIC. AS A RESULT OF THE OCT 4TH SPILL, ASBESTOS-CONTAINING DUST OVERSPREAD A HEAVILY-TRAVELED SECTION OF THE STREET DIRECTLY IN FRONT OF THE FACILITY, & W/IN 1/4 MILE OF THE RT 1 & RT 95 INTERSECTION. ONE INDIVIDUAL NEARBY WAS COVERED W/DUST. THE ROAD WAS CLOSED OFF FOR 2 HRS BECAUSE OF THE VERY FINE DUST CLOUD & ITS EFFECT ON VISIBILITY. THE WSTES SETTLED ON THE ROADWAY. THE STRATFORD FIRE DEPT WASHED THE DUST TO THE SIDE OF THE ROAD & INTO STORM DRAINS, WHICH EMP- TY INTO THE HOUSATONIC R. & THEN INTO THE OCEAN. EPA IS CONCERNED ABOUT THE AMT OF ASBESTOS WST GENERAT- ED AT RAYMARK, & THE NO'S OF VIOL'S OF ENVIRONMENTAL REGS FOR WHICH THE DEF HAS BEEN CITED. FINALLY, BECAUSE RAYMARK IS A STATIONARY SOURCE WHICH WILL CONTINUE TO USE ASBESTOS, THERE IS A CLEAR POTENTIAL FOR LONG-TERM CONTINUING EFFECT ON THE NEARBY RESIDENTS, INDUSTRIES, BUSINESSES, & PASSING MOTORISTS, MORE SO THAN FROM A RELATIVELY SHORT-TERM DEMOLI- TION/RENOVATION SITE. RELIEF REQUESTED: THE REGION IS SEEKING A COURT ORDER DIRECTING THE DEF TO COMPLY FULLY W/REGS GOVERNING MANUFACTURING OPERATIONS, & A PENALTY OF $98,400 BASED ON THE GUIDANCE IN EPA'S STATIONARY SOURCE PENALTY POLICY.

Defendants (1)

• RAYMARK CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• RAYMARK INDUSTRIES INCORPORATED

  75 EAST MAIN STREET, STRATFORD, CT, 06497

  Registry ID: 110000610919

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• RAYMARK CORPORATIONentered 1988-05-18

  Primary law: CAA

  Federal penalty: $135,000

Timeline (8 milestones)

• 1985-06-28Referred To Headquarters
• 1985-07-22Referred To Dept Of Justice
• 1986-02-11Referred TO U.S. Attorney
• 1986-02-18Complaint Filed With Court
• 1988-05-18Final Order Lodged
• 1988-05-18Final Order Entered
• 1988-05-18Concluded
• 1988-07-18Enforcement Action Closed