EPA v. SUNY (CORTLAND)
Final Order With Penalty
Penalty assessed
$20,000
Case summary
THE VIOLATIONS UPON WHICH THE ACTION IS BASED. NATIONAL EMISSION STANDARDS FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH REMOVAL PROCEDURES AT 40 CFR SECTION 61.147. SPECIFICALLY: 1) ON 08/11/87, FAILURE TO ENSURE THE FRIABLE ASBESTOS MATERIALS ARE ADEQUATELY WET WHEN THEY ARE BEING STRIPPED FROM FACILITY COMPONENTS BEFORE THE MEMBERS ARE REMOVED FROM THE FACILITY. THE PROPOSED RELIEF TO BE SOUGHT IS INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTACTS FOR EACH ASBESTOS RENOVATION OR DEMOLITION; TO PROVIDE EPA INSPECTORS WITH IMMEDIATE ACCESS; SAMPLE AND ANALYZE FRIABLE MATERIAL BEFORE STRIPPING; PROVIDE ADJUSTED STARTING AND COMPLETION DATES; TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $53,500 BASED ON EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED 02/08/85. RECENT CONTACTS WITH THE DEFENDANT, INCLUDING ANY PREVIOUS ADMINIS- TRATION ENFORCEMENT ACTIONS TAKEN ARE AS FOLLOWS: 1) 114 LETTER SENT TO DEFENDANTS ON 01/21/88; 2) EPA MET WITH WILLIAM BARCZAK, COUNSEL FOR SUNY ON 09/15/87.
Defendants (4)
- DD & H ASSOCIATES, INC.Named in complaintNamed in settlement
- J & K PLUMBING & HEATINGNamed in complaintNamed in settlement
- SUNY CONSTRUCTION FUND & BD OF TRUSTEESNamed in complaintNamed in settlement
- SUNY CORTLAND & BD/TRUSTEESNamed in complaintNamed in settlement
Facilities (1)
SUNY (CORTLAND)
STATE UNIVERSITY PLAZA, ALBANY, NY, 12246
Registry ID: 110010618518
Statutes cited
- CAA 112 — Hazardous Air Pollutants
Enforcement conclusions (1)
SUNY (CORTLAND)entered 1991-08-09
Primary law: CAA
Federal penalty: $20,000
Timeline (8 milestones)
- 1987-07-01Enforcement Action Data Entered
- 1988-03-31Referred To Dept Of Justice
- 1988-06-21Referred TO U.S. Attorney
- 1988-06-29Complaint Filed With Court
- 1991-08-09Concluded
- 1991-08-09Final Order Lodged
- 1991-08-09Final Order Entered
- 1993-08-09Enforcement Action Closed
Case metadata
- EPA activity ID
- 2902
- Case number
- 02-1988-0232
- DOJ docket
- 90-5-2-1-1242
- Lead agency
- EPA
- HQ division
- AIR
- Branch
- AWTS
- EPA region
- 02
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- Hazardous Air Pollutants
Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-1988-0232 . Bulk data: ICIS-FEC download summary.
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