EPA v. NORTHAMPTON DEVELOPMENT, INC.

Case summary

REGION I SEEKS INJUNCTIVE RELIEF & CIVIL PENALTIES AGAINST A PAINTING CONTRACTOR (MAJESTIC, INC.) & A REAL ES- TATE DEVELOPER (NORTHAMPTON DEVELOPMENT, INC.) FOR VIOLA- TIONS OF THE NATIONAL EMISSION STD FOR ASBESTOS, FOUND AT 40 CFR PART 61, SUBMPART M, WHICH OCCURRED DURING RENOVATION OF A FORMER SCHOOL DORMITORY THAT WAS BEING CONVERTED INTO CONDOMINIUMS. THE DEFENDANTS FAILED TO NOTIFY EPA OF THEIR INTENT TO RENOVATE THE BUILDING PRIOR TO THE RENOVATION & FAILED TO COMPLY W/SPECIFIED WORK PRACTICE STDS PROMULGATED BY EPA UNDER SECT 112 OF THE CAA, 42 USC 7412, & ENFORCED UNDER SECT 113, 42 USC 7413. DEFENDANTS: NORTHAMPTON DEVELOPMENT, INC. IS THE OWNER OF THE RENO- VATION SITE, MAGNA HOUSE, WHICH IS LOCATED IN A RESIDENTIAL NEIGHBORHOOD IN THE CLARK SCHOOL FOR THE DEAF CAMPUS & SE- VERAL BLOCKS FROM THE SMITH COLLEGE CAMPUS. MAJESTIC, INC. REMOVED ASBESTOS FROM PIPES AT THE SITE. INITIALLY, MAJES- TIC WAS HIRED AS A PAINTING CONTRACTOR, BUT LATER ENTERED INTO AN ORAL AGREEMENT W/NORTHAMPTON DEVELOPMENT IN WHICH MAJESTIC COMMITTED TO REMOVE ASBESTOS-CONTAINING INSULATION FROM PIPES IN THE BUILDING. ( A DEQE ENGINEER WHO INSPECTED THE BUILDING ESTIMATED THAT PIPES WERE COVERED W/2000 LINEAR FT OF FRIABLE ASBESTOS-CONTAINING INSULATION.) VIOLATIONS: SOME TIME PRIOR TO MAY 2, 1985, MAJESTIC BEGAN STRIP- PING ASBESTOS-CONTAINING INSULATION FROM PIPES IN MAGNA HOUSE W/O FIRST NOTIFYING EPA OR MASS DEQE. UNDER 40 CFR 61.146, THE OWNER OR OPERATOR OF A RENOVATION IS REQUIRED TO GIVE EPA WRITTEN NOTICE BEFORE RENOVATION BEGINS. NEITHER EPA NOR DEQE HAS ANY RECORD THAT IT RECEIVED NOTIFICATION PRIOR TO MAY 2, 1985. AS A RESULT OF THE DEQE INSPECTION, THE STATE ISSUED AN ORDER & ALL WORK ON RENOVATION SITE CEASED. THE DEQE ENGINEER ALSO OBSERVED VISIBLE EMISSIONS BEING DISCHARGED TO THE OUTSIDE AIR AS WORKERS STRIPPED INSULATION FROM PIPES W/O FIRST WETTING IT. THE INSULATION WAS ALSO NOT WETTED AFTER IT WAS STRIPPED FROM THE PIPES. ON MAY 14, 1985, AN EPA ENGINEER INSPECTED MAGNA HOUSE & TOOK SAMPLES OF INSULATION MATERIALS THAT HAD BEEN STRIPPED FROM THE PIPES. THESE SAMPLES WERE TAKEN FROM BAGS WHOSE LABELS WARNED THAT THEY CONTAINED ASBESTOS. EPA ANALYSIS CONFIRMED THAT THEY CONTAINED 50% ASBESTOS BY VOLUME. THE EPA ENGIN- EER ALSO OBSERVED DRY, FRIABLE ASBESTOS-CONTAINING INSULA- TION LYING IN THE HALLWAYS OF THE 1ST & 2ND FLOORS. UNDER THE WORK PRACTICE STDS FOR ASBESTOS, 40 CFR 61.147, ALL AS- BESTOS-CONTAINING MATERIALS MUST BE WETTED BEFORE THEY ARE STRIPPED FROM FACILITY COMPONENTS & MUST BE KEPT WET AFTER THEY ARE STRIPPED & UNTIL THEY ARE COLLECTED FOR DISPOSAL. NORTHAMPTON DEVELOPMENT HIRED ASBESTOS REMOVAL ENTER- PRISES OF WORCESTER, MA, TO REMOVE THE REMAINING 400 LINEAR FT OF ASBESTOS MATERIALS FROM THE BUILDING. AFTER WRITTEN NOTIFICATION TO EPA ON MAY 21, 1985, THE COMPANY PERFORMED THE REMOVAL OPERATIONS FROM MAY 30 - JUNE 30, 1985, IN AC- CORDANCE W/THE NESHAP FOR ASBESTOS. RELIEF REQUESTED: REGION I SEEKS A COURT ORDER WHICH DIRECTS THE DEFEND- ANTS TO NOTIFY EPA OF ANY FURTHER RENOVATION WHICH FALLS UN- DER NESHAP FOR ASBESTOS & TO COMPLY W/REGS GOVERNING RENOVA- TION OPERATIONS. IF THE COURT ORDER IS VIEWED AS A PROHIBI- TION AGAINST A PATTERN OF VIOLATIVE ACTIVITIES, IT MAY BE INVOKED IF DEFS BECOME INVOLVED IN OTHER RENOVATION PROJECTS THAT VIOLATE THE ASBESTOS NESHAP.IN ADDITION, THE REGION SEEKS A CIVIL PENALTY OF $21,400, WHICH WAS CALCULATED FOR THE VIOLATIONS.

Defendants (2)

• MAJESTIC, INC.
• NORTHAMPTON DEVELOPMENT, INC.Named in complaintNamed in settlement

Facilities (2)

• CLARK SCHOOL FOR THE DEAF

  47 ROUND HILL RD, NORTHAMPTON, MA, 01060

  Registry ID: 110001946743

• CLARK SCHOOL FOR THE DEAF

  47 ROUND HILL RD, NORTHAMPTON, MA, 01060

  Registry ID: 110001946743

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• NORTHAMPTON DEVELOPMENT, INC.entered 1987-06-29

  Primary law: CAA

  Federal penalty: $40,000

Timeline (7 milestones)

• 1985-09-05Referred To Headquarters
• 1985-09-20Referred To Dept Of Justice
• 1986-01-16Complaint Filed With Court
• 1987-06-29Final Order Lodged
• 1987-06-29Final Order Entered
• 1987-06-29Concluded
• 1988-08-26Enforcement Action Closed