EPA v. SCIENTIFIC COATING COMPANY, INC.

Case summary

THIS IS A CIVIL ACTION PURSUANT TO CAA/113(B), 42 USC 7413(B), AGAINST SCIENTIFIC COATING CO., INC. ( SCIENTIFIC ) FOR VIOLATION OF CAA/112. SCIENTIFIC IS A CONTRACTOR ENGAGED IN ASBESTOS REMOVAL OP- ERATIONS IN N.J. IT IS IDENTIFIED BY DUNN & BRADSTREET AS A PAINTING & COATING CONTRACTOR. SCIENTIFIC WAS THE OPERATOR OF THE ASBESTOS RENOVATION AT BARNERT MEMORIAL HOSPITAL CEN- TER IN PATERSON, N.J. &, AS SUCH, IS RESPONSIBLE FOR COMPLI- ANCE W/ 40 CFR PART 61, SUBPART M. SCIENTIFIC NOTIFIED THE EPA BY LETTER IN ACCORD WITH SECTION 61.145(D), OF ITS PLANS TO REMOVE AT LEAST 260 LINEAR FEET OF FRIABLE ASBESTOS MATERIALS ON PIPE OR 160 SQ. FT. OF FRIABLE ASBESTOS MATERI- ALS ON OTHER FACILITY COMPONENTS DURING RENOVATION AT THE BARNERT HOSPITAL. THE NOTIFICATION LETTER DID NOT CONTAIN AN ESTIMATE OF THE APPROX. AMT. OF FRIABLE ASBESTOS MATERIAL PRESENT IN THE FACILITY. THIS IS IN DIRECT VIOLATION OF THE NOTIFICATION RQRMTS LISTED IN SECTION 61.146(C)(3). AN EPA INSPECTOR VISITED THE SITE OF THE RENOVATION ON DEC. 4, 1984 & OBSERVED ASBESTOS REMOVAL OPERATIONS INVOLVING GREAT- ER THAN 160 SQ. FT. ON FACILITY COMPONENTS. THE INSPECTOR FOUND DRY MATERIAL WHICH HE IDENTIFIED AS FRIABLE ASBESTOS MATERIAL WHICH HAD BEEN REMOVED FROM THE FACILITY COMPONENTS BUT HAD NOT BEEN COLLECTED FOR DISPOSAL. PURSUANT TO SECTS. 61.47(C) & (E)(1), SUCH MATERIAL SHOULD HAVE BEEN ADEQUATELY WET WHEN IT WAS REMOVED & SHOULD HAVE REMAINED ADEQUATELY WET UNTIL COLLECTED & SEALED IN LEAK- TIGHT CONTAINERS FOR DISPOSAL. DURING THE 12/4/84 INSPECTION, EPA INSPECTOR TOOK A GRAB SAMPLE OF THE DRY MATERIAL FROM THE BARNERT HOSPITAL BOILER ROOM. EPA'S EDISON LAB ANALYZED THE SAMPLE USING A LEITZ POLARIZED LIGHT MICROSCOPE SUPPLEMENTED W/ DISPERSION STAIN- ING. THEIR CONCLUSION IS THAT THE SAMPLE CONTAINS 10-20% ASBESTIFORM MINERAL CHRYSOTILE. THIS CONFIRMED INSPECTOR'S INITIAL IDENTIFICATION OF THE MATERIAL AS FRIABLE ASBESTOS. REGION II BELIEVES THAT THE EVIDENCE ESTABLISHES VIOLA- TIONS OF THE NESHAPS ASBESTOS STDS. IN ACCORD W/ THE EPA ASBESTOS STRATEGY, APRIL 6, 1984, IN INSTANCES IN WHICH THE DEMOLITION OR RENOVATION IS OVER BY THE TIME EPA IS READY TO TAKE ENFORCEMENT ACTION, THE PRIMARY OBJECTIVE WILL BE TO ASSURE THAT THE SOURCE COMPLIES W/ THE REG'S IN THE FUTURE. THE IMPOSITION OF MONETARY CIVIL PENALTIES ARE THE MOST EF- FECTIVE MEANS FOR DETERRING VIOLATIONS OF THIS TYPE.

Defendants (1)

• SCIENTIFIC COATING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• BARNERT MEMORIAL HOSPITAL CENTER

  680 BROADWAY, PATERSON, NJ, 075141472

  Registry ID: 110001528847

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SCIENTIFIC COATING CO., INC.entered 1986-12-16

  Primary law: CAA

  Federal penalty: $4,000

Timeline (8 milestones)

• 1985-03-29Referred To Headquarters
• 1985-04-22Referred To Dept Of Justice
• 1985-07-16Referred TO U.S. Attorney
• 1985-07-31Complaint Filed With Court
• 1986-12-16Final Order Lodged
• 1986-12-16Final Order Entered
• 1986-12-16Concluded
• 1987-12-17Enforcement Action Closed