EPA v. SERMAC SERVICES INC; ASBESTOS ABATEMENT INC

Case summary

THIS CASE INVOLVES A RENOVATION AT THE JOHN F. KENNEDY FEDERAL BUILDING IN BOSTON, MA, A BUILDING OWNED AND OPER- ATED BY THE FEDERAL GOVERNMENT. EPA PLANS TO TAKE ACTION AGAINST GSA PURSUANT TO EXEC ORDER #12085 IF THE STATE OF MASSACHUSETTS DOESN'T COMMENCE AN ENFORCEMENT ACTION AGAINST THE FEDERAL GOVERNMENT IN THIS MATTER. SERMAC SERVICES IS A CLEANING AND MAINTENANCE COMPANY WHICH SERVICES INDUSTRIAL SURFACES AND BUILDING EXTERIORS AND PERFORMS ASBESTOS REMOVAL. ASBESTOS ABATEMENT IS AN AS- BESTOS REMOVAL CONTRACTOR. THE TWO COMPANIES ARE CLOSELY AFFILIATED CORPORATIONS. IN AN UNRELATED ASBESTOS NOTIFICA- TION RECEIVED BY EPA IN 1986, ASBESTOS ABATEMENT IDENTIFIED ITSELF AS A DIVISION OF SERMAC. . <CAUSE OF ACTION> AFTER PROPER NOTIFICATION TO EPA OF INTENT TO REMOVE 17,000 FT2 OF ASBESTOS, RENOVATION OF THE BASEMENT OF THE JFK BLDG. COMMENCED ON 2/5/86. EPA ENGINEERS INSPECTED THE SITE ON 2/6/86, WHEN THE RENOVATION OPERATION WAS IN ITS IN- ITIAL STAGES. AT THE TIME OF INSPECTION, APPROX. 120 FT2 OF INSULATION MATERIAL HAD BEEN REMOVED. THE EPA ENGINEERS OB- SERVED DRY FRIABLE MATERIAL ON THE FLOOR AND AN ASBESTOS AB- ATEMENT EMPLOYEE SWEEPING DRY FRIABLE INSULATION INTO PILES AND PUTTING IT IN PLASTIC BAGS. THE ASBESTOS ABATEMENT EM- PLOYEE TOLD THE EPA ENGINEERS THAT THE MATERIALS HAD NOT BEEN WETTED WHEN STRIPPED. THE EPA INSPECTORS TOLD THE AS- BESTOS ABATEMENT EMPLOYEE TO CEASE SWEEPING IMMEDIATELY AND WET THE INSULATION. THEY ALSO TOLD HIM THAT ASBESTOS MUST BE WET WHILE WAITING FOR COLLECTION. ON 2/24/86, EPA CONDUCTED ANOTHER INSPECTION AND FOUND DRY FRIABLE MATERIAL LYING OUTSIDE A CONTAINMENT BARRIER ERECTED AROUND THE RENOVATION AREA. ALL INSULATION MATERIAL OBSERVED BY EPA HAS BEEN SAMPLED AND FOUND TO CONTAIN ASBES- TOS.

Defendants (2)

• ASBESTOS ABATEMENT INCNamed in complaintNamed in settlement
• SERMAC SERVICES INCNamed in complaintNamed in settlement

Facilities (1)

• J F KENNEDY FEDERAL BLDG

  15 NEW SUDBURY ST, BOSTON, MA, 02203

  Registry ID: 110044836666

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SERMAC SERVICES/ASB ABATEMENTentered 1990-04-02

  Primary law: CAA

  Federal penalty: $30,000

Timeline (9 milestones)

• 1986-03-10Enforcement Action Data Entered
• 1986-03-31Referred To Headquarters
• 1986-04-21Referred To Dept Of Justice
• 1986-07-31Referred TO U.S. Attorney
• 1986-08-11Complaint Filed With Court
• 1990-04-02Final Order Lodged
• 1990-04-02Final Order Entered
• 1990-04-02Concluded
• 1999-04-26Enforcement Action Closed