EPA v. DELL'AQUILA ENTERPRISES AND SUBSIDIARIES

Case summary

THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLU- TANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND DISPOSAL REQUIREMENTS. SPECIFICALLY, ON JUNE 17, 1988, THE DEFENDANTS WERE DEMOLISHING A BUILDING WITHOUT HAVING NOTIFIED EPA, IN VIOLATION OF 40 CFR 61.146 AND WITHOUT HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(A). IN ADDITION, THE DEFENDANTS FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACILITY COM- PONENTS BEFORE THE MEMBERS WERE REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(C), AND DID NOT ENSURE THAT THE REMOVED FRIABLE ASBESTOS MATERIALS REMAINED WET UNTIL THEY WERE COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR 61.147(E)(1). THE DEFENDANTS ALSO DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBES- TOS CONTAINING MATERIAL, IN VIOLATION OF 40 CFR 61.152(B). EPA ISSUED A COMPLIANCE ORDER TO EACH OF THE DEFENDANTS ON JUNE 29, 1988. EPA SUBSEQUENTLY DOCUMENTED VIOLATIONS OF THE ORDERS AND SOUGHT RELIEF BY APPLYING FOR A TEMPORARY RESTRAINING ORDER (TRO) AND A PRELIMINARY INJUNCTION IN THE DISTRICT COURT OF NEW JERSEY. A PRELIMINARY INJUNCTION WAS GRANTED ON JULY 22, 1988. INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTRACTS FOR EACH ASBESTOS RENOVATION OR DEMOLITION; TO PROVIDE EPA INSPECTORS WITH IMMEDIATE ACCESS; TO SAMPLE AND ANALYZE FRIABLE MATERIAL BEFORE STRIPPING; TO COMPLY WITH REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $385,000.00 BASED ON EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED FEBRUARY 8, 1985. (DEFENDANTS' NAMES AND ADDRESSES: 1. ANTHONY DELL'AQUILA ENTERPRISES AND SUBSIDIARIES 1500 HUDSON STREET HOBOKEN, NJ 07030 2. HARRY GRANT 2160 NORTH CENTRAL ROAD FORT LEE, NJ 3. SANDALWOOD CONSTRUCTION CORP. 2160 NORTH CENTRAL ROAD FORT LEE, NJ * NOTE: THIS CASE WAS REFERRED VIA TELEPHONE AND FILED IN COURT ON JULY 22, 1988. THE CIVIL REFERRAL (PAPER) WAS INITIATED ON 9/01/88. SYSTEM WILL NOT ACCEPT A DATE FILED EARLIER THAN INITIATED SO ALL DATES ARE 7/22/88. * PARTIAL CD ENTERED BY COURT ON 11/21/88. ENTERED IN CDETS ON 10/6/89 CD# 02-89-C023. ENF OF CD FILED ON 3/17/89 FOR VIOLATIONS OF PARTIAL DECREE. MEMORANDUM 9/27/89 TO E. REICH TO UPDATE AND CLARIFY ORAL CONCURRENCE FOR ENFORCEMENT OF THE COURT'S INTERLOCUTORY ORDERS. * NOTE: IN ORDER TO CHANGE PARTIAL INDICATOR N TO Y I CHANGED A DATE IN SCREEN 2. I SPOKE TO THE ATTORNEY ALEXANDRA CALLAM, AND SHE TOLD ME IT IS OK TO CHANGE IT. THE FOLLOWING DATE WAS CHANGED (TO DOJ 07/22/88 TO 09/27 89. THE DATE COMES FROM A MEMORANDUN SIGNED BY THE REGIONAL ADMINISTRATOR WILLIAM J. MUSZYNSKI.

Defendants (4)

• ANTHONY DELL'AQUILLANamed in complaintNamed in settlement
• DELL'AQUILA ENTERPRISES AND SUBSIDIARIESNamed in complaintNamed in settlement
• GRANT, HARRYNamed in complaintNamed in settlement
• SANDALWOOD CONSTRUCTION CORPNamed in complaintNamed in settlement

Facilities (2)

• SIGNMASTERS AIM GRAPHICS INCORPORATED

  1500 HUDSON STREET, HOBOKEN, NJ, 070305511

  Registry ID: 110006859550

• DELL AQUILA ENTERPRISES INCORPORATED

  1301 HUDSON STREET, HOBOKEN, NJ, 07030

  Registry ID: 110006820351

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (3)

• ANTHONY DELL'AQUILLA, ET ALentered 1995-08-23

  Primary law: CAA

  Federal penalty: $400,000

• HARRY GRANT & SANDALWOOD CONSTentered 1995-11-17

  Primary law: CAA

  Federal penalty: $2,975,000

• DELL'AQUILA ENTERPRISES & SUBSentered 1988-11-21

  Primary law: CAA

  Federal penalty: $2,975,000

Timeline (8 milestones)

• 1988-07-22Enforcement Action Data Entered
• 1988-07-22Referred To Dept Of Justice
• 1988-07-22Referred TO U.S. Attorney
• 1988-07-22Complaint Filed With Court
• 1995-11-17Final Order Lodged
• 1995-11-17Final Order Entered
• 1995-11-17Concluded
• 2000-05-31Enforcement Action Closed