EPA v. HARDY CONSTRUCTION CO ET AL (NEL TRADING)

Case summary

THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUT- ANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND DISPOSAL REQUIREMENTS. SPECIFICALLY, IN JULY 1988 THE DE- FENDANTS CAUSED THE DEMOLITION OF BUILDINGS WITHOUT HAVING NOTIFIED EPA, IN VIOLATION OF 40 CFR SECT 61.146 AND WITHOUT HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FA- CILITY, IN VIOLATION OF 40 CFR SECT 61.147(A). IN ADDITION, THE DEFENDANTS DID NOT ENSURE THAT THE REMOVED FRIABLE AS- BESTOS REMAINED WET UNTIL THEY WERE COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR SECT 147(E). THE DEFENDANTS ALSO FAILED TO DEPOSIT ALL ASBESTOS-CONTAINING MATERIAL AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE W/THE PROVISIONS OF SECT 61.156, IN VIOLATION OF 40 CFR SECT 61.152(A) AND DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBESTOS CONTAINING MATERIAL, IN VIOLATION OF 40 CFR SECT 61.152(B). ON AUGUST 30, 1988 EPA ISSUED A COMPLIANCE ORDER TO HARDY, NEL TRADING, AND PYRAMID COMPANIES. ON SEPT 19, 1988 EPA ISSUED A COMPLIANCE ORDER TO ABE COOPER OF SYRACUSE, INC., AND ON JANUARY 25, 1989, EPA ISSUED A COMPLIANCE ORDER TO CONKLIN, LTD. THE ABOVE-MENTIONED ORDERS REQUIRED DEFENDANTS TO PERFORM SPECIFIC TASKS, INCLUDING CLEAN-UP OF THE SITE IN ACCORDANCE WITH A PLAN SUBMITTED BY THE DEFENDANTS. HARDY, NEL TRADNG, PYRAMID AND ABE COOPER ARE IN VIOLATION OF THESE ORDERS AS THE SITE HAS YET TO BE CLEANED UP. CONKLIN IS IN VIOLATION OF ITS ORDER FOR FAILING TO COMPLY WITH THE PLAN PREVIOUSLY SUBMITTED BY THE OTHER PARTIES. INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTACTS FOR EACH ASBESTOS RENOVA- TION OR DEMOLITION; TO PROVIDE EPA INSPECTORS WITH IMMEDIATE ACCESS; TO SAMPLE AND ANALYZE FRIABLE MATERIAL BEFORE STRIP- PING; TO COMPLY WITH REGULATIONS GOVERNING ASBESTOS RENOVA- TIONS AND DEMOLITIONS; AND TO COLLECT PENALTIES IN THE AMT OF $104,460 BASED UPON EPA'S ASBESTOS DEMOLITION AND RENOVA- TION CIVIL PENALTY POLICY DATED FEBRUARY 8, 1985. IF CLEAN-UP IS NOT PERFORMED EXPEDITIOUSLY, A PRELIMINARY INJUNCTION, REQUIRING A SPECIFIC SCHEDULE FOR COMPLIANCE, MIGHT BE NECESSARY. * FACILITY NAME: MARLEYS JUNK YARD HIAWATHA BLVD SYRACUSE, N.Y. 13208 ** AS PER REGIONAL ATTORNEY'S NOTE DEFENDANT MADE PAYMENTS OF $39,688.66 ON 1/6/93 AND $10,178.88 ON 1/5/93. TOTAL AMT. PAID $49,867.54. AS PER DOJ TRANSFER OF FUNDS REPORT $10,308.17 WAS PAID ON 12/28/93 $309.25- ON 01/04/94. AS PER DOJ TRANSFER OF FUNDS REPORT $40,546.14 WAS PAID ON 01/07/94 AND $1,216.38- ON 01/11/94.

Defendants (6)

• PYRAMID COMPANIES
• ABE COOPER OF SYRACUSE, INC
• CONKLIN, LTDNamed in complaintNamed in settlement
• HARDY CONSTRUCTION CONamed in complaintNamed in settlement
• JORDAN RECYCLINGNamed in complaintNamed in settlement
• NEL TRADING, INC

Facilities (1)

• MARLEY'S JUNK YARD

  HIAWATHA BLVD, SYRACUSE, NY, 13208

  Registry ID: 110010638319

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• JORDAN RECYCLING INDUSTRIESentered 1992-08-25

  Primary law: CAA

  Federal penalty: $148,000

Timeline (7 milestones)

• 1988-10-01Enforcement Action Data Entered
• 1989-03-24Referred To Dept Of Justice
• 1991-05-09Complaint Filed With Court
• 1992-08-25Final Order Lodged
• 1992-08-25Final Order Entered
• 1992-08-25Concluded
• 1994-01-11Enforcement Action Closed