EPA v. R.E.A.G., ET AL.

Case summary

THIS LITIGATION REPORT SUPPORTS A CIVIL ACTION FOR INJUNC- TIVE RELIEF AND PENALTIES WHICH WAS FILED WITH THE U.S. DIST COURT, DIST OF CT, ON JAN 14, 1987 AFTER EXPEDITED AUTHOR- RIZATION FROM EPA HQ AND THE DOJ. NAMED AS DEFENDANTS ARE 3 RENOVATION CONTRACTORS & THE OWNER OF A RENOVATION OPERA- TION. THE COMPLAINT ALLEGES VIOLATION OF THE CAA ACT, SECT 112, AND THE ASBESTOS NESHAP. THE VIOLATIONS ALLEGED IN THE COMPLAINT OCCURRED FROM OCT 1986 TO JAN 14, 1987 DURING THE RENOVATION OF THE FORMER BEVERLY THEATER LOCATED IN BRIDGE- PORT, CT. BECAUSE OF THE NEED TO OBTAIN IMMEDIATE JUDICIAL RELIEF THROUGH A TEMPORARY RESTRAINING ORDER (TRO) TO ABATE THE SERIOUS, ONGOING NESHAP VIOLATIONS AT THE FACILITY, REG I INVOKED THE PROCEDURES FOR EMERGENCY AUTHORIZATION TO COM- MENCE THIS ACTION. EPA ENGINEER MCGUINESS HAD ON SEVERAL OCCASIONS IN THE FALL 1986 INSPECTED THE FACILITY AND, ON EACH OCCASION, POINTED OUT VIOLATIONS OF APPLICABLE NOTIFICATION REQUIREMENTS AND WORK PRACTICE STANDARDS FOR PERFORMING ASBESTOS REMOVAL OPERATIONS. ON DEC 31, 1986, EPA ISSUED AO'S REGARDING THESE VIOLATIONS. DESPITE THESE EFFORTS, EPA INSPECTIONS ON JAN 9 AND 15, 1987 UNCOVERED CONTINUING, SERIOUS VIOLATIONS OF THE ASBESTOS NESHAP. ON JAN 14, 1987, EPA, IN CONJUNC- TION WITH DOJ AN THE U.S. ATTY'S OFFICE FOR CT, FILED A CIV- IL COMPLAINT AND MOVED FOR THE ISSUANCE OF A TEMPORARY RE- STRAINING ORDER TO IMMEDIATELY ABATE THE HEALTH HAZARD CAUS- ED BY THE DEFENDANTS' VIOLATIONS OF THE ASBESTOS NESHAP. ON JAN 15, 1987, AFTER A CONTESTED HEARING, THE COURT GRANTED THE TRO. THE COURT EXTENDED THE TRO SEVERAL TIMES, AND THE ORDER FINALLY EXPIRED ON MARCH 6, 1987. ON MARCH 5, 1987, MCGUINESS AGAIN INSPECTED THE SITE. ALL BUT APPROX. 3 SQ. FT. OF DRY, FRIABLE ASBESTOS HAD BEEN STREIPPED AND REMOVED. CONSEQUENTLY, THE MOST EGREGIOUS ASBESTOS NESHAP VIOLATIONS AT THE FACILITY NO LONGER EXIST. THE RELIEF SOUGHT IN THE REMAINDER OF THE LITIGATION WILL BE A SIZABLE CIVIL PENALTY AND AN ORDER ENJOINING THE DEFENDANTS FROM FUTURE VIOLATIONS

Defendants (4)

• AA BUILDING WRECKING CO.Named in complaintNamed in settlement
• ASBESTOS ABATEMENT CO.Named in complaintNamed in settlement
• CRISTWOOD ASSOC.Named in complaintNamed in settlement
• R.E.A.G.Named in complaintNamed in settlement

Facilities (1)

• BEVERLY THEATER

  3029 FAIRFIELD AVE, BRIDGEPORT, CT, 06605

  Registry ID: 110010639817

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (3)

• R.E.A.G. (NAACO)entered 1989-12-01

  Primary law: CAA

  Federal penalty: $17,500

• R.E.A.G.(CRISTWOOD ASSOCIATES)entered 1990-04-30

  Primary law: CAA

• R.E.A.G.(AA BLDG WRECKING INC)entered 1989-10-20

  Primary law: CAA

Timeline (7 milestones)

• 1987-01-09Enforcement Action Data Entered
• 1987-01-14Referred To Dept Of Justice
• 1987-01-14Complaint Filed With Court
• 1990-04-30Final Order Lodged
• 1990-04-30Final Order Entered
• 1990-04-30Concluded
• 1992-08-19Enforcement Action Closed