EPA v. MERCHANTS BANK, INC

Case summary

THIS CASE INVOLVES THE DEFENDANTS' FAILURE TO NOTIFY EPA PRIOR TO A DEMOLITION OPERATION UNDER THE ASBESTOS NESHAP (NATIONAL EMMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS). THE OWNER OR OPERATOR OF A FACILITY WHICH IS TO BE DEMOLISHED MUST NOTIFY EPA AT LEAST 20 DAYS PRIOR TO DEMOLITION, IF THE AMOUNT OF ASBESTOS IN THE FACILITY IS LESS THAN 160 SQUARE FEET AND LESS THAN 260 LINEAR FEET. DEFENDANT MERCHANT BANK OWNED THE FACILITY. DEFENDANT SENESAC CONSTRUCTION WAS THE OPERATOR OF THE DEMOLITION OPERATION. THE FACILITY CONTAINED A BOILER COVERED WITH ASBESTOS CONTAINING MATERIAL. EPA RECEIVED NO NOTICE OF THE DEMOLITION OPERATION PRIOR TO ITS COMMENCEMENT.

Defendants (2)

• MERCHANTS BANK, INC.Named in complaintNamed in settlement
• SENESAC CONSTRUCTION CO.Named in complaintNamed in settlement

Facilities (1)

• J & B INTL BUILDING

  30 MAIN ST, BURLINGTON, VT, 05401

  Registry ID: 110010614843

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• MERCHANTS BANK/SENESAC CONSTRentered 1993-01-08

  Primary law: CAA

  Federal penalty: $40,000

Timeline (7 milestones)

• 1990-11-05Enforcement Action Data Entered
• 1990-12-28Referred To Dept Of Justice
• 1991-05-01Complaint Filed With Court
• 1993-01-08Final Order Lodged
• 1993-01-08Final Order Entered
• 1993-01-08Concluded
• 1997-01-31Enforcement Action Closed