EPA v. L & C EUROPA & PATERSON BD OF EDUCATION

Case summary

THIS IS A CIVIL ACTION FOR VIOLATIONS OF THE ASBESTOS NESHAP STANDARDS, PROMULGATED PURSUANT TO SECTION 112 OF THE CAA, BY L & C EUROPA CONTRACTING COMPANY, INC. AND THE BOARD OF EDUCATION OF THE CITY OF PATERSON, NJ. THE NESHAP FOR ASBESTOS ARE VIOLATED BY FAILURE TO COMPLY WITH REMOVAL AND DISPOSAL PROCEDURES AT 40 CFR 61.147 AND 61.152. SPECIFIC- ALLY: 1) FAILURE TO ENSURE THAT REMOVED FRIABLE ASBESTOS MATERIALS REMAIN WET UNTIL COLLECTED FOR DISPOSAL IN VIOLA- TION OF 40 CFR 61.147(E)(1); AND 2) DISCHARGE OF VISIBLE EMISSIONS AND FAILURE TO USE SPECIFIED DISPOSAL METHODS IN VIOLATION OF 40 CFR 61.152(B). PROPOSED RELIEF TO BE SOUGHT: INJUNCTIVE RELIEF DIRECTING THE DEFENDANTS TO NOTIFY EPA OF ANY FUTURE DEMOLITIONS SUB- JECT TO THE NESHAP FOR ASBESTOS AND TO COMPLY WITH THE REGU- LATIONS GOVERNING DEMOLITION AND RENOVATION OPERATIONS; CI- VIL PENALTIES IN THE AMOUNT OF $50,000 BASED ON EPA'S ASBES- TOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED 2/8/85. CONSENT DECREE FILED WITH THE COURT 02/18/88. ENTERED IN CONSENT DECREE TRACKING ON 6/20/88 CD# 02-88-C020.

Defendants (2)

• L & C EUROPA CONTRACTING COMPANY, INC.Named in complaintNamed in settlement
• PATERSON BOARD OF ED, NJNamed in complaintNamed in settlement

Facilities (1)

• PUBLIC SCHOOL NO. 27

  CHATHAM AVE & RICHMOND AVE, PATERSON, NJ, 07505

  Registry ID: 110010638658

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• L&C EUROPA & PATERSON BD OF EDentered 1988-02-18

  Primary law: CAA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1985-12-27Referred To Headquarters
• 1986-01-24Referred To Dept Of Justice
• 1986-09-04Referred TO U.S. Attorney
• 1986-09-04Complaint Filed With Court
• 1988-02-18Final Order Lodged
• 1988-02-18Final Order Entered
• 1988-02-18Concluded
• 1990-02-18Enforcement Action Closed