EPA v. FIANO-POTTERTON ET AL

Case summary

THE CASE INVOLVES VIOLATIONS OF THE NATIONAL EMMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ASBESTOS REGULATIONS ( ASBESTOS NESHAP ), 40 C.F.R. PART 61, SUBPART M, WHICH OCCURRED DURING AN ORDERED DEMOLITION AT THE EL CAMINO PLAZA, A RETAIL SHOPPING CENTER LOCATED AT 428 HARTFORD TURNPIKE IN VERNON, CONNECTICUT. THE ALLEGATIONS INCLUDE FAILURE TO PROVIDE EPA PRIOR, WRITTEN NOTICE OF THE INTENTION TO DEMOLISH, FAILURE TO ADEQUATELY WET FRIABLE ASBESTOS MATERIALS THAT HAD BEEN REMOVED OR STRIPPED, AND FAILURE TO ADEQUATELY WET FRIABLE ASBESTOS MATERIALS DURING WRECKING. CITING THE VIOLATIONS AT ISSUE IN THIS ACTION, EPA PREVIOUSLY ISSUED IMMEDIATE COMPLIANCE ORDERS AND REPORTING REQUIREMENTS TO ALL KNOWN OWNERS AND OPERATORS OF THE SUBJECT DEMOLITION OPERATION. THOSE PARTIES ARE NAMED AS DEFENDANTS HEREIN AND INCLUDE THE OWNER, FIANO-POTTERTON (INCLUDING ROBERT S. POTTERTON, SR., LORI FIANO, EVELYN E. POTTERTON, AND RUSSELL L. POTTERTON, AS TENANTS IN COMMON), AND OPERATORS, JOHN R. OLENDER CORPORATION, M.F. BANK RESTORATION COMPANY, AND ART BARBER EXCAVATING, INC. NO PRIOR ENFORCEMENT ACTIONS ARE KNOWN TO HAVE BEEN TAKEN BY EPA AGAINST ANY OF THE DEFENDANTS PURSUANT TO THE ASBESTOS NESHAP. IN ADDITION, EPA HAS NOT CITED DEFENDANTS FOR ANY PRIOR VIOLATIONS IN OTHER EPA PROGRAMS.

Defendants (4)

• ART BARBER EXCAVATING, INC.Named in complaintNamed in settlement
• FIANO-POTTERTON ET ALNamed in complaintNamed in settlement
• JOHN OLENDER CORPORATION
• M.F. BANK RECONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (1)

• EL CAMINO PLAZA

  428 HARTFORD TNPK, VERNON, CT, 06066

  Registry ID: 110010786550

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• FIANO-POTTERTONentered 1993-05-26

  Primary law: CAA

• FIANO-POTTERTON (ABE)entered 1993-05-26

  Primary law: CAA

  Federal penalty: $68,250

Timeline (7 milestones)

• 1990-09-07Enforcement Action Data Entered
• 1991-03-25Referred To Dept Of Justice
• 1991-09-09Complaint Filed With Court
• 1993-05-26Final Order Lodged
• 1993-05-26Final Order Entered
• 1993-05-26Concluded
• 1998-05-26Enforcement Action Closed