EPA v. GOLDOME FSB, ET. AL.

Case summary

THIS PROPOSES THE FILING OF A CIVIL ACTION FOR VIOLATIONS OF THE NESHAPS REGULATIONS FOR CONTROL OF ASBESTOS EMISSIONS AT DEMOLITION & RENOVATION SITES: PURSUANT TO SECTION 113(B) OF THE CAA, 42 U.S.C. 7413(B), AGAINST GOLDOME FSD ( GOL- DOME ), THE JOHN W. COWPER COMPANY (INC.) ( COWPER ), AND WM. W. KIMMINS AND SONS, INC. ( KIMMINS ) FOR THEIR VIOLA- TIONS OF CAA/112 & CAA/114 & EPA ORDERS ISSUED THEREUNDER. CAA/112(C) PROHIBITS EMISSIONS OF HAZARDOUS AIR POLLUTANTS IN EXCESS OF THE STDS. PROMULGATED PURSUANT TO CAA/112(B). SECTION 114 REQUIRES THE SUBMISSION OF INFORMATION BY ANY PERSON ON REQUEST OF EPA. UNDER SECTIONS 112 & 114 OF CAA, EPA HAS PROMULGATED A SERIES OF NESHAPS INCLUDING STDS. FOR ASBESTOS EMISSIONS FROM AND/OR WORK PRACTICES FOR THOSE WHO ENGAGE IN DEMOLITION & RENOVATION OPERATIONS AS WELL AS PRO- CEDURES FOR NOTIFYING EPA OF SUCH OPERATIONS. UNTIL RECENT- LY, THESE STDS. WERE CODIFIED AT 40 C.F.R. 61.22 AND, SINCE 4/5/84, HAVE BEEN CODIFIED AT 40 C.F.R. 61.140 - 61.156. GOLDOME IS THE OWNER OF THE STRUCTURE IN BUFFALO, NY, UNDERGOING DEMOLITION; COWPER IS THE GENERAL CONTRACTOR FOR REPLACING THE STRUCTURE; KIMMINS IS THE SUBCONTRACTOR FOR DEMOLITION OF THE EXISTING STRUCTURE. INFORMATION FROM A VERY RELIABLE PRIVATE CITIZEN & A NYS DEC ENGINEER ESTAB- LISHED THAT FRIABLE ASBESTOS-CONTAINING DEBRIS WAS BEING COLLECTED & TRANSPORTED FROM THE SITE ON 2/17/84, IN VIOLA- TION OF 40 C.F.R. 61.22(D). ANOTHER DEC EMPLOYEE OBSERVED VISIBLE EMISSIONS FROM THE SITE ON 2/27/84. A SEARCH OF EPA RECORDS EST'D THAT EPA HAD NOT RECEIVED A NOTICE OF PROPOSED DEMOLITION AS REQ'D BY 40 CFR 61.22(D)(2). EPA REGION II ISSUED ORDERS PURSUANT TO CAA/113(A)(3) REQUIRING THAT ALL STEPS BE TAKEN TO PREVENT EMISSIONS FROM THE SITE & THAT FURTHER DEMOLITION NOT BE UNDERTAKEN UNTIL MEANS TO COMPLY W/ NESHAPS STDS. WERE AVAILABLE. EPA ALSO REQ'D THAT THE INFORMATION REQUIRED UNDER 40 CFR 61.22(D)(2) BE FILED ALONG W/ A REPORT OF REMEDIAL ACTIONS TO BE TAKEN. AFTER AN IMMED. FLURRY OF ACTIVITY BY GOLDOME, COWPER, & KIMMINS, EPA REGION II BECAME CONCERNED W/ REPORTS FROM BUFFALO THAT PRACTICES AT THE SITE HAD BECOME LAX. AN EPA INSPECTOR VISITED THE SITE ON 5/7/84, AND FOUND FRIABLE ASBESTOS-CONTAINING DEBRIS ALL OVER THE SITE EXPOSED TO OUT- SIDE AIR. DUE TO FACT THAT ASBESTOS-CONTAINING MATERIAL HAD BEEN REMOVED FROM THE STRUCTURE, THE INSPECTOR ADVISED THEM OF THE BEST WAY TO CLEAN IT UP. EPA REGION II REQUESTS THAT A CIVIL ACTION BE BROUGHT AGAINST GOLDOME, COWPER, & KIMMINS FOR VIOLATIONS OF CAA/114 & CAA/112 FOR AT LEAST THE OBSERVED VIOLATIONS OF 4/17, 4/27 AND 5/7/84 & FOR FAILURE TO COMPLY W/ ORDERS ISSUED PURSUANT TO CAA/113(A)(3). EPA REGION II BELIEVES THAT THE MAXIMUM PENALTY FOR EA. OF THESE 5 VIOLATIONS SHOULD BE SOUGHT FROM ALL THREE OF THE PARTIES FOR A TOTAL PENALTY OF $375,000 - ($25,000 X 5 X 3).

Defendants (3)

• GOLDOME FSBNamed in complaintNamed in settlement
• JOHN W. COWPER COMPANY INCNamed in complaintNamed in settlement
• W. W. KIMMINS & SONS INCNamed in complaintNamed in settlement

Facilities (1)

• GOLDOME FSB

  MAIN STREET, BUFFALO, NY, 14203

  Registry ID: 110010638550

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• GOLDOME FSBentered 1986-09-23

  Primary law: CAA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1984-09-28Referred To Headquarters
• 1984-10-30Referred To Dept Of Justice
• 1985-01-02Referred TO U.S. Attorney
• 1985-01-07Complaint Filed With Court
• 1986-09-23Final Order Lodged
• 1986-09-23Final Order Entered
• 1986-09-23Concluded
• 1987-09-23Enforcement Action Closed