EPA v. KURZBAN (IRS OFFICE)

Case summary

THIS PROPOSES THE FILING OF AN AMENDED COMPLAINT IN U.S. V. BENJAMIN KURZBAN & SONS, INC. , 85 CIV 2267(SDNY), BASED ON ADDITIONAL VIOLATIONS OF THE ASBESTOS NESHAPS BY THE DEFENDANT AT A DIFFERENT SITE. THE VIOLATIONS IN THE ORIGINAL COMPLAINT FILED ON 3/22/85 OCCURRED AT ELLIS ISLAND & REGION II PROPOSES TO ADD VIOLATIONS WHICH OCCURRED SUB- SEQUENTLY AT 120 CHURCH ST., NEW YORK CITY. THE NEW VIOLATIONS ARE BASED ON THE NESHAPS ASBESTOS RENO- VATION AND DEMOLITION REGULATIONS AS IS THE ORIGINAL COM- PLAINT. KURZBAN IS A LOCAL CONTRACTOR ENGAGED IN ASBESTOS REMOVAL AT RENOVATIONS IN THE N.Y.C. AREA. IN THIS CASE, 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., N.Y.C. AS PART OF AN OVERALL RENOVATION OF ABOUT 35,000 SQUARE FEET 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. / ///////////////////////////////////////////////////////// THIS CASE HAS BEEN COMBINED WITH CASE NUMBER 02-84-E024: 'KURZBAN (ELLIS ISLAND NATIONAL MONUMENT)', WHICH HAS BEEN RENAMED BENJAMIN KURZBAN & SONS /////////////////////////////////////////////////////////

Defendants (1)

• BENJAMIN KURZBAN & SONS INCNamed in complaint

Facilities (1)

• I R S OFFICE

  120 CHURCH STREET, NEW YORK, NY, 10007

  Registry ID: 110010600331

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (4 milestones)

• 1985-08-14Referred To Dept Of Justice
• 1985-08-22Complaint Filed With Court
• 1985-12-01Concluded
• 1985-12-01Enforcement Action Closed