EPA v. BENJAMIN KURZBAN & SONS

Case summary

THIS PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO THE CAA/113(B), 42 USC 7413(B), AGAINST BENJAMIN KURZBAN & SON, INC. ( KURZBAN ), FOR VIOLATION OF CAA/112. SECTION 112(C) PROHIBITS EMISSIONS OF HAZARDOUS AIR POLLUTANTS IN EXCESS OF THE STDS PROMULGATED PURSUANT TO 112(B). UNDER CAA/112, EPA HAS PROMULGATED A SERIES OF NESHAPS INCLUDING STDS FOR ASBESTOS EMISSIONS FROM &/OR WORK PRACTICES FOR THOSE WHO ENGAGE IN DEMOLITION AND RENOVATION OPERATIONS. 40 CFR PART 61, SUBPART M. KURZBAN IS A LOCAL CONTRACTOR ENGAGING IN ASBESTOS RE- MOVAL RENOVATIONS IN THE NYC AREA. KURZBAN WAS A SUB- CONTRACTOR ON A FEDERAL SMALL BUSINESS SET ASIDE CONTRACT TO REMOVE ASBESTOS INSULATION AT PART OF THE ELLIS ISLAND NATIONAL MONUMENT RESTORATION. THE GOV'T CONTRACT WAS ISSUED BY THE NATIONAL PARK SERVICE ( NPS ). AN EPA ENGINEER INSPECTED THE SITE WHILE KURZBAN EMPLOY- EES WERE CLEANING UP AFTER THE INSULATION HAD BEEN REMOVED FROM PIPES (CONTRACT DOCUMENTS INDICATED SEVERAL THOUSAND LINEAR FEET) IN THE POWER HOUSE AREA OF THE FACILITY. HE DESCRIBES THE AREA AS BEING VERY DUSTY WITH LARGE AMOUNTS OF DRY INSULATION ON THE FLOOR & ALREADY IN BAGS. HE TOOK A SAMPLE OF SOME OF THE LOOSE MATERIAL ON THE FLOOR WHICH WAS ANALYZED AND FOUND TO CONTAIN 25% TO 40% ASBESTOS AS DEFINED BY THE NESHAPS ASBESTOS REGULATIONS. AT THIS TIME, REGION II BELIEVES THAT THE EVIDENCE ESTAB- LISHES ONE DAY OF VIOLATION OF THE NESHAPS ASBESTOS STAN- DARDS. WE HAVE HAD PRELIMINARY DISCUSSIONS WITH THE U.S. ATTORNEY'S OFFICE (SDNY) AND THEY ARE INTERESTED IN PURSUING THIS CASE. REGION II IS BEGINNING TO WORK WITH THEM TO FIND WAYS TO ESTABLISH ADDITIONAL DAYS OF VIOLATION BY DEVELOPING EVIDENCE IN ADDITION TO EPA ENGINEER'S EYEWITNESS REPORT. AN ABBREVIATED LITIGATION REPORT WAS REFERRED TO HQ ON 8/14/85 WHICH PROPOSES THE FILING OF AN AMENDED COMPLAINT BASED ON ADDITIONAL VIOLATIONS OF THE ASBESTOS NESHAPS BY THE DEFENDANT AT A DIFFERENT SITE - 120 CHURCH ST., N.Y.C. THE NEW VIOLATIONS ARE BASED ON THE NESHAPS RENOVATION AND DEMOLITION REGULATIONS AS IS THE ORIGINAL COMPLAINT. KURZBAN WAS A SUBCONTRACTOR FOR ASBESTOS REMOVAL ON A GSA CONTRACT FOR THE RENOVATION OF THE 9TH & 10TH FLOORS OF THE I.R.S. OFFICES AT 120 CHURCH ST., NYC. AS PART OF AN OVER- ALL RENOVATION OF ABOUT 35,000 SQ. FT. ON BOTH FLOORS, THE GSA CONTRACTING OFFICER'S REPRESENTATIVE ESTIMATES THAT A TOTAL OF 3,600 SQ. FT. OF ASBESTOS FIRE-PROOFING WAS REMOVED FROM STRUCTURAL MEMBERS, TO BE REPLACED BY NON-ASBESTOS FIRE PROOFING. EPA RECEIVED NOTIFICATION OF THE RENOVATION PROJECT BY THE GENERAL CONTRACTOR, GRAMERCY CONTRACTORS, INC., ON 11/5/84. AS A RESULT OF NOTIFICATION BY GSA OF PROBLEMS AT THE JOB SITE, AN EPA ENGINEER INSPECTED THE SITE ON 11/26/84 WHILE KURZBAN EMPLOYEES WERE REMOVING ASBESTOS INSULATION ON THE 9TH FLOOR. HIS REPORT DESCRIBES THE FOLLOWING VIOLATIONS: 1. THE FRIABLE ASBESTOS MATERIALS WERE REMOVED WITHOUT ADE- QUATE WETTING & IN SOME INSTANCES WITHOUT ANY WETTING IN VIOLATION OF 40 C.F.R. 61.147(C). 2. ASBESTOS MATERIALS THAT HAD BEEN REMOVED OR STRIPPED WERE NOT WET UNTIL COLLECTED FOR DISPOSAL IN VIOLATION OF 40 C.F.R. 61.147(E)(1). THE INSPECTOR OBTAINED 3 SAMPLES OF DEBRIS, 2 FROM THE FLOOR AND ONE AS IT FELL FROM THE STRUCTURE AFTER BEING STRIPPED. THE EPA LAB ANALYSES OF THE SAMPLES SHOW THEM TO BE 10 TO 20% CHRYSOTILE ASBESTOS. * FACILITY NAME: (1) I.R.S. OFFICE 120 CHURCH STREET NEW YORK, N.Y.

Defendants (1)

• BENJAMIN KURZBAN & SONS INCNamed in complaintNamed in settlement

Facilities (3)

• I R S OFFICE

  120 CHURCH STREET, NEW YORK, NY, 10007

  Registry ID: 110010600331

• STATUE OF LIBERTY NATIONAL MONUMENT

  ELLIS ISLAND, NEW YORK, NY, 10004

  Registry ID: 110006881348

• STATUE OF LIBERTY NATIONAL MONUMENT

  ELLIS ISLAND, NEW YORK, NY, 10004

  Registry ID: 110006881348

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BENJAMIN KURZBAN & SON, INC.entered 1987-09-28

  Primary law: CAA

  Federal penalty: $5,000

Timeline (8 milestones)

• 1984-12-26Referred To Headquarters
• 1985-01-23Referred To Dept Of Justice
• 1985-03-21Referred TO U.S. Attorney
• 1985-03-22Complaint Filed With Court
• 1987-09-28Final Order Lodged
• 1987-09-28Final Order Entered
• 1987-09-28Concluded
• 1988-09-28Enforcement Action Closed