EPA v. TZAVAH, ET AL

Case summary

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 ONE NOTIFICATION AND THREE WORK PRACTICE STANDARDS AT A HOTEL RENOVATION AT 16 PARK PLACE, NEWARK, NEW JERSEY. THE FOUR NESHAP VIOLATIONS INCLUDED: 1) FAILURE TO PROVIDE EPA WITH WRITTEN NOTIFICATION OF INTENTION TO RENOVATE THE BUILDING, IN VIOLATION OF SECTION 61.146; 2) ON 10/9/87, A VIOLATION OF SECTION 61.147 FOR FAILURE TO REMOVE FRIABLE ASBESTOS MATERIALS FROM THE FACILITY BEFORE DISMANTLING OR WRECKING, IN VIOLATION OF SECTION 61.147(A); ON 10/9/87, 7/11/88, 7/29/88 AND 8/5/88 AND POSSIBLY ON THE DATES IN BETWEEN FAILURE TO WET ADEQUATELY MATERIALS STRIPPED OR REVOVED FROM FACILITY/STRUCTURAL COMPONENTS AND TO ENSURE THAT THEY REMAINED WET UNTIL COLLECTED FOR DISPOSAL, IN VIOLATION OF SECTION 61.147(C) AND (E)(1); ON 10/9/87 FAILURE TO CAREFULLY LOWER THE ASBESTOS MATERIAL TO THE GROUND WITHOUT DROPPING OR THROWING IT, IN VIOLATION OF SECTION 61.147(E); 2) ON 10/9/87 FAILURE TO TRANSPORT THE MATERIALS TO THE GROUND VIAL DUST-TIGHT CHUTES OR CONTAINERS IN VIOLATION OF 6.147(E)(3); 3) ON 10/9/87 AND POSSIBLY ON THE DAYS LEADING UP TO 7/11/88 FOR DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING OLLECTION AND TRANS- PORTATION OF ASBESTOS-CONTAINING MATERIAL FROM THE RENOVA- TION SITE, IN VIOLATION OF 61.152(B); 4) ON 10/9/87, 7/11/88, 7/29/88 AND 8/5/88 AND ALL DAYS IN BETWEEN FOR DEPOSITING THE MATERIAL IN A DISPOSAL SITE NOT BEING OPER- ATED IN ACCORDANCE WITH 61.156 IN VIOLATION OF 61.152(A). FOR CREER ONLY, FAILING TO RESPOND TO A 114 LETTER HAND DELIVERED 3/18/88, IN VIOLATION OF 42 U.S.C. 7414(A)(1). FOR TZAVAH ONLY, FAILING TO COMPLY WITH A/O'S NO. 70234 AND NO. 80120, IN VIOLATION OF 42 U.S.C. 7413(B). FOR PINROS AND ROTH ONLY, FAILING TO COMPLY WITH A/O'S NO. 80121 AND NO. 80122, RESPECTIVELY, IN VIOLATION OF 42 U.S.C. 7413(B). FOR DEFENDANTS TZAVAH, PINROS, HAMPEL, MAYER AND ROTH, FAILURE TO CONTACT THE NATIONAL RESPONSE CENTER AFTER RE- LEASING MORE THAN ONE POUND OF ASBESTOS INTO THE ENVIRON- MENT, IN VIOLATIOON OF 42 U.S.C. 9603. INJUNCTIVE RELIEF DIRECTING THE DEFENDANTS TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTACTS FOR EACH ASBESTOS RENOVATION OR DEMOLITION, TO PROVIDE EPA INSPECTORS WITH IMMEDIATE ACCESS TO SAMPLE AND ANALYZE FRIABLE MATERIAL BEFORE STRIPPING, TO PROVIDE ADJUSTED STARTING AND COMPLE- TION DATES, AND TO COMPLY WITH THE NESHAP/WORK PRACTICE REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS. TO COLLECT CIVIL STATUTORY PENALTIES IN THE AMOUNT OF $325,00 FROM DEFENDANTS FOR VIOLATIONS OF NESHAP/WORK PRACTICE REGULATIONS FOR ASBESTOS AND THE CERCLA NOTIFICA- TION REQUIREMENT. TO COLLECT AN ADDITIONAL, POTENTIAL STATUTORY PENALTY OF $25,000 PER DAY OF VIOLATION FROM DEFENDANT CREER FOR FAILING TO RESPOND TO A SECTION 114 INFORMATION REQUEST UNDER THE CLEAN AIR ACT. TO COLLECT AN ADDITIONAL, POTENTIAL STATUTORY PENALTY OF $25,000 PER DAY OF VIOLATION FROM TZAVAH FOR FAILING TO COMPLY WITH THE TWO A/O'S. TO COLLECT, FROM PINROS AND ROTH AN ADDITIONAL, POTENTIAL STATUTORY PENALTY OF $25,000 PER DAY OF VILOATION FOR FAILING TO COMPLY WITH THE A/O'S.

Defendants (8)

• TZAVAH URBAN RENEWALNamed in complaintNamed in settlement
• CREER INDUSTRIAL CORPNamed in complaintNamed in settlement
• CREER, WILLIAMNamed in complaintNamed in settlement
• DATSUN INVESTMENTSNamed in complaintNamed in settlement
• HAMPEL, HAROYNamed in complaintNamed in settlement
• MAYER, SOLNamed in complaintNamed in settlement
• PINROS GARNamed in complaintNamed in settlement
• ROTH, HENRYNamed in complaintNamed in settlement

Facilities (1)

• OLD MILITARY PARK HOTEL

  16 PARK PLACE, NEWARK, NJ, 07102

  Registry ID: 110010600787

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• TZAVAH (CREER)entered 1990-06-22

  Primary law: CAA

  Federal penalty: $225,000

• TZAVAH URBAN RENEWAL ET ALentered 1990-07-25

  Primary law: CAA

  Federal penalty: $330,000

Timeline (8 milestones)

• 1988-07-28Enforcement Action Data Entered
• 1988-07-28Referred To Dept Of Justice
• 1988-08-01Referred TO U.S. Attorney
• 1988-08-19Complaint Filed With Court
• 1990-07-25Final Order Lodged
• 1990-07-25Final Order Entered
• 1990-07-25Concluded
• 1996-06-28Enforcement Action Closed