EPA v. HENRY DALEY

Case summary

On October 14, 2009, EPA issued an Immediate Compliance Order under Section 113(a)(3) of the Clean Air Act to the Town of Benson, Vermont and Mr. Henry Daley, owner of a former residential property at located 124 East Road in Benson. The non-penalty order was issued for violation of the Clean Air Act asbestos regulations governing demolition and renovation operations. Specifically, the Town and Mr. Daley were cited, under the “Asbestos NESHAP,” for failing to provide EPA with prior written notice of intent to demolish Daley’s property. The demolition occurred on September 27, 2009. As a residential property with four or fewer units, the demolished facility ordinarily would be exempt from Asbestos NESHAP requirements. However, the Town demolished Daley’s property by intentional burning for fire training purposes and, thus, brought it out from under the residential exemption. The order requires the parties to immediately comply with the Asbestos NESHAP.

Defendants (1)

• HENRY DALEYNamed in settlement

Facilities (1)

• HENRY DALEY

  124 EAST STREET, BENSON, VT, 05743

  Registry ID: 110040073014

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• HENRY DALEYentered 2009-10-14

  Primary law: CAA

Timeline (2 milestones)

• 2009-10-14Final Order Issued
• 2009-10-14Enforcement Action Data Entered