EPA v. ANDERSON-WILCOX CORPORATION

Case summary

THE REFERRAL CONCERNS ALLEGED VIOLATIONS OF SECTION 112 OF THE CLEAN AIR ACT, 42U.S.C SECTION 7412, AND THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS FOR ASBESTOS, 40 C.F.R.PART 61 SUBPART M (ASBESTOS NESHAP) AT 116 CROWN ST (FACILITY) IN NEW HAVEN, CONNECTICUT. THE REFERRAL NAMES CUTTING EDGE CONCEPTS II, ANDERSON-WILCOX CORPORATION, DOUGLAS ANDERSON AND LEROY BAILEY d/b/a HEAVY'S RESTORATION COMPANY AS DEFENDANTS AND SEEKS CIVIL PENALTIES. THE UNDERLYING VIOLATIONS OCCURRED DURING A RENOVATION OPERATION AT HE FACILITY IN THE SPRING AND SUMMER OF 2002. THE ABOVE DEFENDANTS WERE OWNERS AND/OR OPERATORS AT HE FACILITY. TH REFERRAL ALLEGES THAT THE DEFENDANTS CONDUCTED ASBESTOS ABATEMENT ACTIONS THAT CONTRAVENED THE ASBESTOS NESHAP. SPECIFICALLY, THE CASE TEAM BELIEVES THAT THE DEFENDANTS VIOLATED THE CLEAN AIR ACT BY THEIR FAILURES TO: THOROUGHLY INSPECT FACILITY PRIOR TO BEGINNING A RENOVATION; NOTIFY THE ADMINISTRATOR OR DELEGATED STATE AUTHORITY OF THE RENOVATION; KEEP ASBESTOS ADEQUATELY WET DURING A STRIPPING OPERATION; KEEP ASBESTOS ADEQUATELY WET WHILE WAITING FOR COLLECTION AND DISPOSAL; PROPERLY LABEL CONTAINERS AS REQUIRED; AND DEPOSIT ACWM AT PROPER DISPOSAL SITE. THIS CASE ILLUSTRATES THAT IT IS IMPORTANT FOR CONTRACTORS TO HAVE ASBESTOS-INSPECTIONS PERFORMED PRIOR TO CONDUCTING RENOVATIONS OR DEMOLITIONS OF BUILDINGS. FURTHERMORE, THE CASE SHOWS THAT EPA WILL TAKE THE FAILURE TO CONFORM TO THE ASBESTOS NESHAP AND THE RESULTING POSSIBLE EXPOSURE TO ASBESTOS BY WORKERS AND PASSERS-BY, VERY SERIOUSLY. FINALLY, THIS ACTION MAY SERVE TO DISCOURAGE CONTRACTORS AND DEMOLITION CREWS FROM DISPOSING OF SUSPECTED ASBESTOS MATERIAL BEFORE IT CAN BE ADEQUATELY SAMPLED AND ANALYZED.

Defendants (5)

• ANDERSON-WILCOX CORPORATIONNamed in complaintNamed in settlement
• CUTTING EDGE CONCEPTS IINamed in complaintNamed in settlement
• LEROY BAILEY dba HEAVY'S RESTORATIONNamed in complaintNamed in settlement
• DOUGLAS ANDERSONNamed in complaintNamed in settlement
• LEROY BAILEYNamed in complaintNamed in settlement

Facilities (1)

• ANDERSON-WILCOX CORPORATION

  7 BUSINESS PARK DRIVE, BRANFORD, CT, 06405

  Registry ID: 110038389053

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ANDERSON-WILCOX CORPORATIONentered 2009-02-04

  Primary law: CAA

  Federal penalty: $300,000

Timeline (7 milestones)

• 2006-05-19Referred To Dept Of Justice
• 2006-05-23Enforcement Action Data Entered
• 2009-02-04Concluded
• 2009-02-04Final Order Entered
• 2009-02-04Final Order Lodged
• 2009-02-04Complaint Filed With Court
• 2014-01-29Enforcement Action Closed