EPA v. WR GRACE & CO., INC.

Case summary

ON SEPT. 11, OCT. 26 AND NOV 18, 1987, EPA RECEIVED NOTI- FICATION LETTERS FROM AMERICAN ENVIRONMENTAL SERVICES, INC. OF A PROPOSED PROJECT TO REMOVE 5,778 LINEAR FEET AND 11,478 SQUARE FEET OF ASBESTOS-CONTAINING MATERIALS FROM WR GRACE AND COMPANY, INC'S ACTON, MA FACILITY. ON NOV 6, 1987, EPA RECEIVED A COMPLAINT FROM A GRACE EMPLOYEE REGARDING IM- PROPER REMOVAL OF ASBESTOS. ON NOV 10, 1987, EPA ENGINEER DONALD DAHL INSPECTED THE FACILITY AND OBSERVED A WORKER STRIPPING ASBESTOS-CONTAINING MATERIALS WITHOUT WETTING THEM IN VIOLATION OF 40 CFR S 61.147(C). THIS WORKER WAS THROWING THE MATERIALS APPROXIMATELY FOUR FEET TO THE GROUND CAUSING DUST TO ARISE. DAHL ALSO OBSERVED PILES OF DRY, FRIABLE ASBESTOS MATERIALS LYING ON THE GROUND INSIDE THE CONTAINMENT AREA. DAHL INSTRUCTED THE WORKER TO IMMEDI- ATELY WET THE DRY MATERIALS AND TO STOP REMOVING THE MATER- IALS DRY. DAHL PROCEEDED WITH HIS INSPECTION. HE RETURNED TEN MINUTES LATER TO FIND THAT THE ABOVE-MENTIONED WORKER CONTINUED TO REMOVE THE ASBESTOS-CONTAINING MATERIALS WITH- OUT WETTING THEM. 03/31/89: NO UPDATE RECEIVED.

Defendants (3)

• AMERICAN ENVIRONMENTAL SERVICES, INC.Named in complaintNamed in settlement
• WR GRACE & CO.Named in complaintNamed in settlement
• WR GRACE & CO. (2)Named in complaintNamed in settlement

Facilities (2)

• WR GRACE & COMPANY

  50 INDEPENDENCE ROAD, ACTON, MA, 01720

  Registry ID: 110003416697

• WR GRACE & COMPANY

  50 INDEPENDENCE ROAD, ACTON, MA, 01720

  Registry ID: 110003416697

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• WR GRACE & CO /CONN (AES)entered 1989-01-03

  Primary law: CAA

• WR GRACE & CO /CONNentered 1989-01-03

  Primary law: CAA

  Federal penalty: $90,000

Timeline (6 milestones)

• 1987-12-23Referred To Dept Of Justice
• 1988-10-31Complaint Filed With Court
• 1989-01-03Final Order Lodged
• 1989-01-03Final Order Entered
• 1989-01-03Concluded
• 1991-06-01Enforcement Action Closed