EPA v. JM PAINTING & CONSTRUCTION CO INC

Case summary

THIS PROPOSES A CIVIL ACTION AGAINST JM PAINTING & CON- STRUCTION CO., INC. ( JM PAINTING ) AND THE NEWARK BOARD OF EDUCATION ( THE BOARD ) FOR VIOLATION OF SECTION 112 OF THE CAA. JM PAINTING IS ENGAGED IN ASBESTOS REMOVAL OPERATIONS IN N.J. AND WAS THE OPERATOR OF THE ASBESTOS RENOVATION AT THE VAILSBURG HIGH SCHOOL IN NEWARK, NJ AND, THEREFORE, WAS RE- SPONSIBLE FOR COMPLIANCE WITH 40 CFR PART 61, SUBPART M. AS THE OWNER OF VAILSBURG HIGH SCHOOL, THE BOARD ALSO WAS RE- SPONSIBLE FOR COMPLIANCE WITH SUBPART M. DURING AN 8/27/85 INSPECTION, THE EPA INSPECTOR TOOK 6 SAMPLES. THE LAB ANALYSES SHOW THAT 3 OF THE SAMPLES TAKEN FROM THE VAILSBURG HIGH SCHOOL CONTAINED IN EXCESS OF 1% ASBESTIFORM MINERAL CHRYSOTILE AND CONFIRMED THE INSPECTOR'S INITIAL IDENTIFICATION OF THE MATERIALS AS FRIABLE ASBESTOS. AT THE TIME OF THE EPA INSPECTION, THE ASBESTOS REMOVAL HAD BEEN COMPLETED BY JM PAINTING. IN ACCORDANCE WITH THE EPA ASBESTOS STRATEGY, DATED 4/6/84, * MEMO TO FILE DATED MARCH 30, 1999 DECREE SATISFIED AND CASE CLOSED.

Defendants (2)

• NEWARK BOARD OF EDUCATIONNamed in complaintNamed in settlement
• JM PAINTING & CONSTRUCTION CO INCNamed in complaintNamed in settlement

Facilities (1)

• NEWARK BOARD OF EDUCATION

  107 IVY ST, NEWARK, NJ, 07103

  Registry ID: 110004189468

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• JM PAINTING & NEWARK, BOEentered 1990-06-25

  Primary law: CAA

  Federal penalty: $23,000

Timeline (8 milestones)

• 1986-03-28Referred To Headquarters
• 1986-04-25Referred To Dept Of Justice
• 1986-09-04Referred TO U.S. Attorney
• 1986-09-04Complaint Filed With Court
• 1990-06-25Final Order Lodged
• 1990-06-25Final Order Entered
• 1990-06-25Concluded
• 1999-03-30Enforcement Action Closed