EPA v. BIG APPLE WRECKING CORP

Case summary

THIS ACTION IS FOR INJUNCTIVE RELIEF & CIVIL PENALTIES AGAINST A DEMOLITION CONTRACTOR & 2 CORPORATIONS FOR VIOLA- TIONS OF THE NATIONAL EMISSION STD FOR ASBESTOS, FOUND AT 40 CFR PART 61, SUBPART M. THE VIOLATION OCCURRED DURING THE DEMOLITION OF 39 BUILDINGS IN THE FORMER UNIROYAL CONSUMER DIVISION PLANT IN NAUGATUCK, CT. THE DEFS VIOLATED THE STD BY SENDING EPA A LATE NOTICE OF THEIR INTENT TO DEMOLISH BLDGS CONTAINING ASBESTOS, & BY FAILING TO COMPLY WITH SPECIFIED WORK PRACTICE STDS FOR REMOVING & DISPOSING OF AS- BESTOS BEFORE DEMOLITION. DEFENDANTS: BIG APPLE WRECKING CORP. IS A DEMOLITION CONTRACTOR SPECIALIZING HALF IN DEMOLITION & HALF IN STRUCTURAL EREC- TION WORK, & HAS CONDUCTED ASBESTOS REMOVAL AT SEVERAL DEMO- LITION SITES, PRIMARILY IN THE NY CITY AREA. EPA REGION-II HAS CITED BIG APPLE FOR ASBESTOS VIOLATIONS. THE COMPANY SOON WILL BE CONDUCTING A LARGE ASBESTOS DEMOLITION PROJECT IN CALIFORNIA. GENERAL DATA COMM., INC. IS A DATA AND IS A DATA & COMMUNICATION EQUIPMENT MANUFACTURER INCORPORATED IN DELAWARE IN 1979 W/HQ IN MIDDLEBURY, CT. GDC NAUGATUCK, INC. IS APPARENTLY AN ENTITY RELATED TO GENERAL DATACOMM ESTABLISHED TO DEVELOP THE NAUGATUCK SITE. BOTH COMPANIES CONDUCT BUSINESS FROM THE SAME ADDRESS. THE TOWN OF NAUGATUCK OWNS BOROUGH DEVELOPMENT CORPORATION. THAT CORPORATION OWNS ONE THIRD OF THE DEMOLITION SITE. DEMOLITION SITE: THE VIOLATIONS OCCURRED DURING BIG APPLE'S DEMOLITION OF THE UNIROYAL PLT, WHICH OCCUPIES A LOT APPROX 2 CITY BLOCKS WIDE & 0.4 MI LONG IN THE CENTRAL SHOPPING DISTRICT & MUNICIPAL CTR OF NAUGATUCK. THE SITE CONTAINED 40 BLDGS, 39 OF WHICH WERE DEMOLISHED & 1 OF WHICH WILL BE RENOVATED. BIG APPLE INITIALLY ESTIMATED AMT OF ASBESTOS-CONTAINING IN- SULATION AT THE SITE TO BE ABOUT 3,000 LINEAR FT ON PIPES & 2,000 SQ FT. AFTER AN INSPECTION BY EPA ENGINEERS, BIG AP- PLE WAS INFORMED THAT ITS ESTIMATE WAS TOO LOW; IT SUBMITTED A REVISED ESTIMATE OF 6,000 LINEAR FT & 12,000 SQ FT. OF AS- BESTOS-CONTAINING INSULATION. GDC NAUGATUCK, INC. OR GENER- AL DATACOMM OWNS THE PORTION OF THE SITE SOUTH OF MAPLE AVE, ABOUT 2/3 OF THE LAND; BOROUGH DEVELOPMENT OWNS THE THE RE- MAINING 1/3 PORTION TO THE NORTH OF MAPLE AVE. THE DEFS VIOLATED THE NOTICE REQMNT OF 40 CFR 64.146 BY MAILING THEIR NOTICE LATE, ONLY 4 DAYS BEFORE DEMOLITION OPERATIONS BEGAN. EPA CONDUCTED 4 INSPECTIONS DURING THE ASBESTOS REMOVAL, & THE ENGINEERS OBSERVED VIOLATIONS OF THE REMOVAL OR DISPOSAL REQMNTS OF 40 CFR 61.147 & 61.152, RE- SPECTIVELY, DURING 1ST, 3RD, & 4TH INSPECTIONS, W/THE 4TH INSPECTION REVEALING THE MOST SUBSTANTIAL VIOL'S OF WORK PRACTICE & DISPOSAL REQMNTS. BIG APPLE FAILED TO REMOVE ALL ASBESTOS FROM A BLDG BEFORE DEMOLISHING IT. THEY FAILED TO WET ASBESTOS ADEQUATELY WHEN IT WAS REMOVED FROM COMPONENTS OF BLDGS. THEY ALSO FAILED TO WET ASBESTOS WHILE COLLECTING IT FOR DISPOSAL & PRODUCED VISIBLE EMISSIONS TO THE OUTSIDE AIR IN THE PROCESS. THERE IS EVIDENCE THAT BIG APPLE MAY BE RESPONSIBLE FOR THE ASBESTOS DUMPED ON DESERTED LAND IN BEA- CON FALLS NEAR THE NAUGATUCK SITE. RECENT CONTACT W/DEFENDANTS: EPA INSPECTED THE SITE ON APR 29, MAY 7, MAY 30, JUNE 7, & JULY 11, 1985, & AS A RESULT OF THE 1ST 4 INSPECTIONS, REGION I ISSUED AN IMMEDIATE COMPLIANCE ORDER TO BIG APPLE & TO GENERAL DATACOMM ON JUNE 29, 1985. ON AUG 16, 1985, EPA ISSUED AN IMMEDIATE COMPLIANCE ORDER TO BOROUGH DEVELOP- MENT AS WELL. RELIEF REQUESTED: THE REGION IS SEEKING A COURT ORDER WHICH DIRECTS THE DEFS TO NOTIFY EPA OF ANY FUTURE RENOVATION WHICH FALLS UN- DER THE NESHAP FOR ASBESTOS & TO CO

Defendants (4)

• BIG APPLE WRECKING CORP.Named in complaintNamed in settlement
• BOROUGH OF NAUGATUCK, INC.Named in complaintNamed in settlement
• GDC NAUGATUCK, INC.Named in complaintNamed in settlement
• GENERAL DATACOMM INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• FORMER UNIROYAL CONSUMER DIV P

  MAPLE ST, NAUGATUCK, CT, 06770

  Registry ID: 110010761791

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BIG APPLE WRECKING CORPORATIONentered 1988-05-19

  Primary law: CAA

  Federal penalty: $260,000

Timeline (9 milestones)

• 1985-09-30Referred To Headquarters
• 1985-10-16Referred To Dept Of Justice
• 1986-04-11Returned To Region
• 1986-06-16Rereferred
• 1986-06-27Complaint Filed With Court
• 1988-05-19Final Order Lodged
• 1988-05-19Final Order Entered
• 1988-05-19Concluded
• 1990-05-19Enforcement Action Closed