EPA v. BIG APPLE WRECKING CORP & LEON D. DE MATTEIS CORP.

Case summary

THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION. SECTION 112 OF THE CLEAN AIR ACT, 42 U.S.C SECTION 7412 SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413 40 CFR PART 61, SUBPART M (61.140 ET. SEQ.) BIG APPLE WRECKING CORP. LEON D. DEMATTEIS CONSTRUCTION 748 BRUSH AVE 820 ELMONT ROAD BRONX, N.Y. ELMONT, N.Y. THE VIOLATIONS UPON WHICH THE ACTION IS BASED. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND DISPOSAL REQUIREMENTS. SPECIFICALLY, ON MARCH 9, 1988, THE DEF'S WERE DEMOLISHING A BUILDING WITHOUT HAVING NOTIFIED EPA, IN VIOLATION OF 40 CFR SECTION 61.146 AND WITHOUT HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(A). IN ADDITION, THE DEF'S FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACILITY COMPONENTS BEFORE THE MEMBERS WERE REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(C), AND DID NOT ENSURE THAT THEY WERE COLLEC- TED FOR DISPOSAL, IN VIOLATION OF 40 CFR 61.147(E) (1). THE DEF'S ALSO DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBESTOS CONTAINING MATERIAL, IN VIOLATION OF 40 CFR 61.152(B). MARCH 11, 1988, EPA SENT BIG APPLE AND DEMATTEIS COMPLI- ANCE ORDERS REQUIRING BIG APPLE TO CEASE DEMOLITION UNTIL ALL ASBESTOS WAS REMOVED FROM THE SITE. MARCH 21, 1988, FOLLOWING CORRESPONDENCE, PHONE CONVER- SATIONS AND INSPECTIONS, EPA SENT BIG APPLE A LETTER GRANT- ING THE COMPANY PERMISSION TO RECOMMENCE DEMOLITION. THE FEDERAL GOVERNMENT (EPA REGION I) SUED BIG APPLE IN JUNE, 1986 FOR WORK PRACTICE, DISPOSAL AND NOTIFICATION VIOLATIONS. BIG APPLE SETTLED FOR $130,000; THE CONSENT DECREE WAS ENTERED IN THE DISTRICT COURT OF CONNECTICUT ON MAY 19, 1988 AFTER THE VIOLATIONS CITED HERE OCCURRED. EPA INSPECTED THE SITE ON MARCH 9, 1988. ** 06/30/88 - REFERRED TO DOJ. * 12/29/88 - COMPLAINT FILED (3 DEFENDANTS NAMED) * 06/23/00 - CD ENTERED BY THE COURT (DOCKET PROVIDED W/COPY). LANDED ATTY FOR THE LODGED DATE OF CD. USED 5/1/00. * CD#: 02 -2000-C022 * 06/23/2001 - TERMS OF DECREE SATISFIED. CASE AND CD CLOSED.

Defendants (3)

• BIG APPLE WRECKING CORPNamed in complaintNamed in settlement
• CRESCENT-DUANE COMPANYNamed in complaintNamed in settlement
• LEON D. DEMATTEIS CONSTRUCTION CORPNamed in complaintNamed in settlement

Facilities (1)

• BIG APPLE WRECKING CORP

  748 BRUSH AVE, BRONX, NY, 10465

  Registry ID: 110010610142

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BIG APPLE WRECKING CORP ET ALentered 2000-06-23

  Primary law: CAA

  Federal penalty: $40,000

Timeline (7 milestones)

• 1988-06-30Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1988-12-29Complaint Filed With Court
• 2000-05-01Final Order Lodged
• 2000-06-23Final Order Entered
• 2000-06-23Concluded
• 2001-06-23Enforcement Action Closed