EPA v. D'ADDARIO FAMILY TRUST, ET. AL.

Case summary

THIS IS A PROPOSED ACTION FOR CIVIL PENALTIES AND INJUNC- TIVE RELIEF AGAINST CONTRACTORS AND THE OWNER OF FACILITIES FOR VIOLATIONS OF SECTION 112 OF THE CLEAN AIR ACT AND THE NATIONAL EMISSION STANDARD FOR ASBESTOS FOUND DURING RENOVA- TION ACTIVITIES AT: 1) A FORMER DEPARTMENT STORE IN DOWN- TOWN BRIDGEPORT, CT; AND, 2) AN OLD MANUFACTURING FACILITY LOCATED IN AN INDUSTRIAL COMPLEX NEXT TO TWO MAJOR INTER- STATE HIGHWAYS. A. THE READ DEPARTMENT STORE ON 04/16/87, EPA, REGION I RECEIVED A NOTIFICATION FROM STATEWIDE PIPE CLEANING SERVICES, INC. OF A PROPOSED PROJECT TO REMOVE 100,000 SQUARE FEET OF ASBESTOS-CONTAINING MATERIALS FROM THE FORMER READ DEPT STORE BUILDING. ON OR ABOUT 08/05/87, EPA RECEIVED A ANONYMOUS PHONE CALL IN WHICH THE CALLER ALLEGED THAT ASBESTOS WAS BEING REMOVED WITHOUT WETTING IN THE OLD READ BUILDING. ON 08/10/87, EPA ENGINEER DONALD DAHL INSPECTED THE FACILITY AND FOUND A SMALL QUAN- TITY OF DRY ASBESTOS-CONTAINING MATERIALS LYING ON THE FLOOR AND IN BAGS IN VIOLATION OF 40 CFR 61.147(E)(1). A REPRE- SENTATIVE FROM STATEWIDE TOLD DAHL THAT IT HAD BEEN HIRED BY D'ADDARIO INDUSTRIES, INC. AND, PURSUANT TO THAT CONTRACT ITS WORKERS HAD STRIPPED THE ASBESTOS-CONTAINING MATERIALS. DAHL REINSPECTED THE READ BUILDING ON 08/13/87. DURING THIS INSPECTION, DAHL OBSERVED VIOLATIONS OF 40 CFR 61.147(C) AND (E) (1) AND(E) (2). ON 09/30/87, EPA ISSUED ADMINISTRA- TIVE ORDERS TO D'ADDARIO INDUSTRIES, INC., STATEWIDE, AND TO THE BUILDING OWNER, F. FRANCIS D'ADDARIO FAMILY TRUST. IN THESE ORDERS, EPA CITED THE OWNER AND THE OPERATORS FOR ASBESTOS NESHAP VIOLATIONS AND ORDERED THEM TO COMPLY WITH THE NESHAP IN ALL FUTURE OPERATIONS. B. THE BRIDGEPORT BRASS FACILITY ON 01/26/88, EPA RECEIVED A NOTIFICATION FROM PETCO INSULA- TION COMPANY, INC. OF A PROPOSED PROJECT TO REMOVE 3227 LINEAR FEET OF ASBESTOS FROM THE OLD BRIDGEPORT BRASS BUILDING IN BRIDGEPORT, CT. PETCO IDENTIFIED D'ADDARIO INDUSTRIES, INC., AS ONE OF THE OWNERS OF THE BRIDGEPORT BRASS FACILITY. ON 02/01/88, EPA ENGINEER DONALD DAHL AND DAMIEN HOULIHAN INSPECTED THE FACILITY. THE ENGINEERS OBSERVED A PILE OF DRY, FRIABLE ASBESTOS LYING ON A LEFT IN VIOLATION OF 40 CFR 61.147(E)(1). THEY ALSO OBSERVED DRY, FRIABLE ASBESTOS IN BAGS. THE ENGINEERS REINSPECTED THIS FACILITY ON 02/03/88. DURING THIS INSPECTION, THEY AGAIN OBSERVED DRY, FRIABLE ASBESTOS MATERIALS IN BAGS. ON 03/30/88, EPA ISSUED ADMINISTRATIVE ORDERS TO THE D'ADDARIO FAMILY TRUST, D'ADDARIO INDUSTRIES, INC. AND PETCO. IN THE ORDERS, EPA AGAIN CITED THE OWNER AND OPERATORS FOR NESHAP IN THE FUTURE. ON 03/11/88, EPA RECEIVED ANOTHER NOTIFICATION FROM PETCO IN WHICH PETCO STATED ITS INTENTION TO REMOVE AN ADDITIONAL 11,000 LINEAR FEET OF ASBESTOS- CONTAINING MATERIALS FROM THE BRIDGEPORT BRASS FACILITY. ON 04/11/88, THE SAME EPA ENGINEERS AGAIN INSPECTED THE OLD BRIDGEPORT BRASS FACILITY. ONCE AGAIN, THE EPA ENGINEERS OBSERVED DRY, FRIABLE ASBESTOS MATERIALS IN BAGS IN VIOLATION OF 40 CFR 61.147(E)(1).

Defendants (9)

• ENVIRONMENTAL WASTES RESOURCES_INC.Named in complaintNamed in settlement
• ESTATE OF F.FRANCIS D'ADDARIONamed in complaintNamed in settlement
• MECHANICS AND FARMERS SAVINGS BANKNamed in complaintNamed in settlement
• PETCO INSULATION, INC.Named in complaintNamed in settlement
• STATEWIDE PIPE CLEANERS, INC.Named in complaintNamed in settlement
• TRUSTEES/EXECUTORS: DAVID D'ADDARIO....Named in complaintNamed in settlement
• BEZ, INC.Named in complaintNamed in settlement
• D'ADDARIO INDUSTRIES INC.,Named in complaintNamed in settlement
• DAVID D'ADDARIO, INDIVIDUALLYNamed in complaintNamed in settlement

Facilities (2)

• FARMER READ DEPT STORE

  999 BROAD ST, BRIDGEPORT, CT, 06604

  Registry ID: 110010639915

• OLD BRIDGEPORT BRASS BUILDING

  560 NORTH WASHINGTON AVENUE, BRIDGEPORT, CT, 06604

  Registry ID: 110002089524

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 113A — Violation of Existing Administrative Order
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• D'ADDARIO INDUSTRIES, INC.entered 1992-01-13

  Primary law: CAA

  Federal penalty: $140,000

Timeline (6 milestones)

• 1988-06-30Referred To Dept Of Justice
• 1989-04-13Complaint Filed With Court
• 1992-01-13Final Order Lodged
• 1992-01-13Final Order Entered
• 1992-01-13Concluded
• 1995-09-25Enforcement Action Closed