EPA v. DEZER PROPERTIES CORP

Case summary

NATIONAL EMMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH ONE NOTIFICATION REQUIREMENT AND ONE WORK PRACTICE STANDARD, AT A BUILDING LOCATED AT 4 WEST 22ND STREET, NEW YORK, NY. THE NESHAP VIOLATIONS INCLUDE: 1) FAILURE TO PROVIDE EPA WITH WRITTEN NOTIFICATION OF INTENTION TO RENOVATE THE BUILDING , IN VIOLATION OF 40 CFR 61.146; 2) FAILURE TO ADEQUATELY WET FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACILITY COMPONENTS ON APRIL 21, 1988, IN VIOLATION OF 40 CFR 61.147(C); AND 3) FAILURE TO ENSURE THAT THE REMOVED FRIABLE ASBESTOS MATERIALS REMAINED WET UNTIL THEY WERE COLLECTED FOR DISPOSAL ON APRIL 21, 1988 THROUGH APRIL 26, 1988, IN VIOLATION OF 40 CFR 61.147(E)(1). ACCORDING TO THE CURRENT EPA PENALTY POLICY DATED FEBRUARY 8, 1985, ALL VIOLATIONS UNDER 40 CFR 61.147 ARE TREATED AS A SINGLE VIOLATION EVEN THOUGH, AS HERE, DEFENDANTS MAY HAVE VIOLATED SEVERAL SUBSECTIONS. INJUNCTIVE RELIEF DIRECTING DEFENDANT TO SUBMIT NOTIFICA- TION TO EPA OF EACH RENOVATION INCLUDING REVISED SCHEDULES TO REFLECT ACCURATE START AND COMPLETION DATES, PLANS, SITE CONTACTS, AND THE AMOUNT OF ASBESTOS-CONTAINING MATERIAL TO BE REMOVED OR STRIPPED. PROVIDE DULY AUTHORIZED EPA REPRE- SENTATIVES IMMEDIATE ACCESS TO ANY RENOVATION OR DEMOLITION SITE, SAMPLE AND ANALYZE FRIABLE MATERIAL TO BE STRIPPED OR REMOVED AND PERFORM ALL RENOVATIONS AND/OR DEMOLITIONS IN ACCORDANCE WITH THE ASBESTOS NESHAP. TO COLLECT CIVIL STATUTORY PENALTIES IN THE AMOUNT OF $175,000.00 FOR VIOLATIONS OF NESHAP WORK PRACTICE AND NOTI- FICATION REGULATIONS.

Defendants (1)

• DEZER PROPERTIES CORPNamed in complaintNamed in settlement

Facilities (1)

• DEZER PROPERTIES CORP

  4 WEST 22ND STREET, NEW YORK, NY, 10010

  Registry ID: 110010709652

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DEZER PROPERTIES COMPANYentered 1991-09-16

  Primary law: CAA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1988-08-29Enforcement Action Data Entered
• 1988-12-02Referred To Dept Of Justice
• 1990-12-28Complaint Filed With Court
• 1991-09-16Concluded
• 1991-09-16Final Order Lodged
• 1991-09-16Final Order Entered
• 1995-03-30Enforcement Action Closed