EPA v. DALLAS-ENFIELD MILLS PROPERTY, INC.

Case summary

THIS CASE IS A PROPOSED CIVIL ACTION FOR VIOLATIONS OF THE ASBESTOS NESHAP. THE RELIEF REQUESTED IS FOR AN INJUNCTION AND CIVIL PENALTIES. THE VIOLATIONS OCCURRED DURING A RE- NOVATION AND DEMOLITION PROJECT AT A FORMER RUG FACTORY IN ENFIELD, CT. THIS COMPLEX IS MADE UP OF NINE BRICK BUILD- INGS ON 22 ACRES, NOW KNOWN AS BIGELOW COMMONS, ADJACENT TO A RUN-DOWN RESIDENTIAL AREA. ON SEPT 20, 1985 EPA RECEIVED PROPER NOTICE FROM DEFEND- ANT NAACO, THE SUB-CONTRACTOR, OF THE PROPOSED PROJECT TO REMOVE 14,500 LINEAR FT OF ASBESTOS. IN OCT 1985 EPA EN- GINEER BRIDGET MCGUINESS MADE TWO ON-SITE INSPECTIONS OF THE COMPLEX, VISITING A TOTAL OF THREE OF THE BUILDINGS. SHE OBSERVED VIOLATIONS OF THE WORK PROCEDURES PROMULGATED UNDER 40 CFR 61.147 FOR THE REMOVAL OF ASBESTOS MATERIALS IN TWO OF THE BUILDINGS. SPECIFICALLY, SHE SAW THAT THE ASBESTOS INSULATION WHICH HAD BEEN STRIPPED FROM THE STEAM PIPES HAD NOT BEEN KEPT WET DURING THE STRIPPING PROCESS OR WHILE IT WAS BEING BAGGED, ALL OF WHICH IS REQUIRED BY THE REGULATION TO PREVENT ASBESTOS EMISSIONS. DURING HER SECOND INSPEC-- TION, MCGUINESS FOUND ABANDONED ASBESTOS MATERIAL WHICH HAD NOT BEEN PROPERLY DISPOSED OF, IN VIOLATION OF 40 CFR 61.152 IN THE BASEMENT OF A THIRD BUILDING SCHEDULED FOR DEMOLI- TION. THE DEFENDANTS ARE ALL OF THE OWNERS AND OPERATORS, AS DE- FINED BY 40 CFR 61.145, INVOLVED IN THE PROJECT. DEFENDANT DALLAS-ENFIELD OWNS THE COMPLEX AND LAND. DEFENDANT JOHN M. CORCORAN LEASES THE COMPLEX AND COLLECTS THE RENT. DEFEND- ANT AHLBORG WAS HIRED BY CORCORAN (WE ARE NOT SURE IN WHICH CAPACITY - CORPORATE OR PERSONAL) TO HANDLE THE RENOVATION AND DEMOLITION PROJECT. AHLBORG HIRED NAACO TO REMOVE THE ASBESTOS; NAACO GAVE NOTICE OF THE PROPOSED PROJECT TO EPA.

Defendants (3)

• DALLAS-ENFIELD MILLS PROPERTY, INC.Named in complaintNamed in settlement
• NAACO, INC.Named in complaintNamed in settlement
• O. AHLBORG & SONS, INC.Named in complaintNamed in settlement

Facilities (1)

• BIGELOW COMMONS

  84 MAIN ST, ENFIELD, CT, 06082

  Registry ID: 110010786587

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DALLAS-ENFIELD MILLS PROPERTYentered 1987-12-28

  Primary law: CAA

  Federal penalty: $31,590

Timeline (8 milestones)

• 1986-01-02Enforcement Action Data Entered
• 1986-03-31Referred To Headquarters
• 1986-04-17Referred To Dept Of Justice
• 1986-08-18Complaint Filed With Court
• 1987-12-28Final Order Lodged
• 1987-12-28Final Order Entered
• 1987-12-28Concluded
• 1989-10-16Enforcement Action Closed