EPA v. CLEVELAND WRECKING

Case summary

NATURE OF THE CASE: CLEVELAND WRECKING IS A MAJOR DEMOLITION CO WHICH OPERATES IN MANY STATES. THIS CASE INVOLVES A DEMOLITION OPERATION IN NEW YORK CITY. CAUSE OF ACTION: THE DEMOLITION OF BUILDINGS IS REGULATED BY THE NATIONAL EMISSIONS STANDARD FOR ASBESTOS, 40 CFR SEC 61.20 ET SEQ. THE STANDARD PROHIBITS VISABLE EMISSIONS OF ASBESTOS FROM THE COLLECTION, PROCESSING, PACKAGING, TRA- NSMITTING OR DEPOSITION OF ASBESTOS-CONTAINING WASTE MAT- ERIAL GENERATED BY A DEMOLITION OPERATION. VISIBLE EMIS- SIONS WERE OBSERVED FROM THIS SITE BY EPA INSPECTORS ON SEVERAL OCCASIONS. PROPOSED REMEDY: UNDER THE PROPOSED STTLMNT CURRENTLY BEING NEG'D, CLEVELAND WRECKING WILL ADOPT CERTAIN PROCEDURES DESIGNED TO PREVENT ASBESTOS EMISSIONS FROM FUTURE DEMOLITION OP- ERATIONS. THE CO WILL ALSO PAY A CIVIL PLTY FOR PAST VIOL'S. NATIONALLY SIGNIFICANT ISSUES: THIS IS THE FIRST CASE TO BE REFERRED TO DOJ FOR VIOL'S OF THE ASBESTOS STANDARDS BY A DEMOLITION CONTRA- CTOR SINCE THE US SUPREME COURT DECISION IN ADAMO WRECK- ING, WHICH INVALIDATED WORK PRACTICE STANDARDS. THIS CASE WILL ESTABLISH A VALUABLE PRECEDENT FOR ENFORCING THE WASTE DISPOSAL STANDARD, WHICH WAS NOT AFFECTED BY THE ADAM CASE.

Defendants (1)

• CLEVELAND WRECKING CO.Named in complaintNamed in settlement

Facilities (1)

• CLEVELAND WRECKING

  50-50 2ND ST, LONG ISLAND CITY, NY, 11101

  Registry ID: 110010600215

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CLEVELAND WRECKING COentered 1983-12-19

  Primary law: CAA

  Federal penalty: $7,500

Timeline (8 milestones)

• 1981-04-10Referred To Headquarters
• 1981-05-15Referred To Dept Of Justice
• 1983-08-25Referred TO U.S. Attorney
• 1983-09-29Complaint Filed With Court
• 1983-12-19Concluded
• 1983-12-19Final Order Lodged
• 1983-12-19Final Order Entered
• 1985-12-19Enforcement Action Closed