EPA v. SMITH, HARRY J. DBA EASTERN SURPLUS

Case summary

THIS PROPOSED ACTION SEEKS INJUNCTIVE RELIEF & CIVIL PENALTIES AGAINST A CONTRACTOR FOR VIOLATIONS OF THE REPORT- ING REQUIREMENT FOUND AT SECT 114 OF THE CAA, 42 USC 7414, & OF SECT 113, 42 USC 7413, WHICH OCCURRED WHEN EASTERN SURPLUS FAILED TO RESPOND TO SECT 114 REQUESTS FOR INFO ISSUED BY EPA ON DEC 17, 1984, & JUNE 4, 1985, IN AN AD- MINISTRATIVE ORDER ISSUED PURSUANT TO SECT 113 OF THE CAA. THE DEF'S COMPLIANCE W/SECT 114 REPORTING REQUIREMENTS IS IS NECESSARY FOR EPA TO DETERINE WHETHER THE DEF VIOLATED THE NATIONAL EMISSION STD FOR ASBESTOS UNDER SECT 112. DEFENDANT: EASTERN SURPLUS IS A SCRAP COLLECTOR/RETAILER & TRUCK- ING CO. W/14 EMPLOYEES LOCATED IN MEDDYBEMPS, MAINE. IT IS NEITHER INCORPORATED NOR REGISTERED W/STATE. IT IS OWNED BY HARRY SMITH, JR., WHO IS ALSO A TOWN SELECTMAN, WHOSE DUTIES INCLUDE ISSUING BLDG & DEMOLITION PERMITS. HE ALSO OWNS PART OF A GRAVEL PIT IN MEDDYBEMPS THAT IS CONTAMINATED WITH PCB'S. CLEANUP OF THAT SITE IS STILL PENDING W/THE STATE. VIOLATIONS: SOMETIME IN SPRING OF 1984, EASTERN SURPLUS STRIPPED &/ OR REMOVED ASBESTOS-CONTAINING MATERIALS FROM THE GEORGIA- PACIFIC CORP'S WOODLAND, ME FACILITY. IN NOV 1984, THE U.S. DEPT OF LABOR NOTIFIED THE EPA OF POSSIBLE VIOL'S OF THE ASBESTOS NESHAP DURING RENOVATION ACTIVITIES AT GP. ON DEC 17, 1984, EPA ISSUED AN INFO REQUEST PURSUANT TO SECT 114 TO HARRY SMITH. DESPITE REPEATED SUBSEQUENT CONTACTS MADE , INCLUDING AN AO ISSUED ON JUNE 4, 1985, NO INFO HAS BEEN RECEIVED AS OF DATE OF REFERRAL. A SECT 114 INFO REQUEST WAS ALSO SENT TO GP. GP STATED THAT <260 LINEAR FT OF ASBESTOS-CONTAINING PIPE INSULATION WERE REMOVED FROM THE FACILITY & 156 SQ FT OF FRIABLE ASBES- TOS-CONTAINING INSULATION WERE REMOVED FROM A DUCT.IF THIS ESTIMATE IS CORRECT & IF ONLY RENOVATION ACTIVITIES OCCURRED AT THE SITE, THE ASBESTOS NESHAP WOULD NOT APPLY TO THE OPER ATIONS THERE. GP ALSO STATED THAT SPENCER TRANSFORMER & EQUIPMENT, INC. WAS GENERAL CONTRACTOR FOR ASBESTOS REMOVAL. RELIEF REQUESTED: REGION I IS SEEKING A COURT ORDER WHICH DIRECTS THE DEF TO SUBMIT THE REQUESTED INFO & TO COMPLY W/REQUIREMENTS OF THE CAA FOR ANY FUTURE REQUESTS. A CIVIL PENALTY OF $46,800 HAS BEEN CALCULATED IN THIS CASE.

Defendants (2)

• EASTERN SURPLUS & SMITH'S TRANSPORTATIONNamed in complaintNamed in settlement
• SMITH, HARRY J.Named in complaintNamed in settlement

Facilities (4)

• GEORGIA PACIFIC CORPORATION PULP & BLEACHED BOARD DIVISION

  144 MAIN STREET, BAILEYVILLE, ME, 046949656

  Registry ID: 110013359178

• GEORGIA PACIFIC CORPORATION PULP & BLEACHED BOARD DIVISION

  144 MAIN STREET, BAILEYVILLE, ME, 046949656

  Registry ID: 110013359178

• GEORGIA PACIFIC CORPORATION PULP & BLEACHED BOARD DIVISION

  144 MAIN STREET, BAILEYVILLE, ME, 046949656

  Registry ID: 110013359178

• GEORGIA PACIFIC CORPORATION PULP & BLEACHED BOARD DIVISION

  144 MAIN STREET, BAILEYVILLE, ME, 046949656

  Registry ID: 110013359178

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• SMITH, HARRY J. DBA EASTERN SUentered 1988-03-22

  Primary law: CAA

  Federal penalty: $2,000

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-10-16Referred To Dept Of Justice
• 1986-03-07Referred TO U.S. Attorney
• 1986-03-14Complaint Filed With Court
• 1988-03-22Final Order Lodged
• 1988-03-22Final Order Entered
• 1988-03-22Concluded
• 1988-06-23Enforcement Action Closed