EPA v. MURNICK, THEODORE

Case summary

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY THE PROPOSED DEFEN- DANTS' FAILURE TO COMPLY WITH REMOVAL AND DISPOSAL PROCE- DURES, SET FORTH IN 40 CFR 61.147 AND 61.152, CONSECUTIVELY, AND THEIR FAILURE TO COMPLY WITH THE NOTIFICATION REQUIRE- MENT SET FORTH IN 61.146. SPECIFICALLY: (1) DURING THE SUMMER OF 1987, THE PROPOSED DEFENDANTS FAILED TO NOTIFY EPA BEFORE DEMOLITION AND/OR RENOVATION BEGAN, IN VIOLATION OF 40 CFR 61.146(B)(4); (2) DURING THE SAME PERIOD THE PROPOSED DEFENDANTS FAILED TO ENSURE THAT THE FRIABLE ASBESTOS WAS PROPERLY REMOVED AND REMAINED WET UNTIL COLLECTED FOR DISPO- SAL, IN VIOLATION OF SEVERAL SUBSECTIONS OF 40 CFR 61.147; (3) DURING THE SAME PERIOD, PROPOSED DEFENDANTS FAILED TO ENSURE THAT THE ASBESTOS MATERIALS WERE PROPERLY DISPOSED, IN VIOALTION OF 40 CFR 61.152(A); AND (4) SINCE JUNE 30, '88 PROPOSED DEFENDANTS HAVE NOT COMPLIED WITH EPA ADMINISTRA- TIVE ORDERS ISSUED AGAINST THEM. PROPOSED RELIEF: INJUNCTIVE RELIEF DIRECTING THE PROPOSED DEFENDANTS TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS IN THE FUTURE; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $155,200, BASED ON EPA'S AUGUST 22, 1989 FINAL ASBESTOS DEMOLITION AND RENOVA- TION CIVIL PENALTY POLICY. 08/09/93: DOJ SHOW TRANFER OF FUNDS 03/09/93 OF $25,000.00. * DEFENDANTS PAID CIVIL PENALTY AND ARE IN COMPLIANCE WITH ALL TERMS OF THE CONSENT DECREE. CASE CLOSED EFFECTIVE DATE: SEPTEMBER 28, 1995.

Defendants (2)

• HENRY V. VACCARO INCNamed in complaintNamed in settlement
• MURNICK, THEODORENamed in complaintNamed in settlement

Facilities (1)

• OLD BOND STREET SCHOOL`

  500 BOND ST, ASBURY PARK, NJ, 07712

  Registry ID: 110010709796

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• THEODORE MURNICKentered 1993-01-11

  Primary law: CAA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1989-12-29Enforcement Action Data Entered
• 1989-12-29Referred To Dept Of Justice
• 1990-12-20Complaint Filed With Court
• 1993-01-11Final Order Lodged
• 1993-01-11Final Order Entered
• 1993-01-11Concluded
• 1995-09-28Enforcement Action Closed