EPA v. AMELIA ASSOCIATES

Case summary

THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH NOTICE REQUIREMENTS AND REMOVAL PROCEDURES. IN JULY AND AUGUST 1990 THE DEFENDANTS CAUSED THE DEMOLITION OF A BUILDING WITHOUT HAVING NOTIFIED EPA, IN VIOLATION OF 40 CFR SECTION 61.146 AND WITHOUT HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR SECTION 61.147A. THE DEFENDANTS ALSO DID NOT EN- SURE THAT THE REMOVED FRIABLE ASBESTOS MATERIALS REMAINED ADEQUATELY WET UNTIL THEY WERE COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR SECTION 61.147E. IN ADDITION THE DEFENDANTS DISCHARGED EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF THE ASBESTOS-CONTAIN- ING WASTE MATERIAL. ON 8/3/90 EPA ISSUED COMPLIANCE ORDERS TO TRUPOS PROPERTIES AND JOEY'S EXCAVATING. THE ORDERS REQUIRED DEFENDANTS TO PERFORM SPECIFIC TASKS, INCLUDING A CLEANUP OF THE SITE IN ACCORDANCE WITH A PLAN SUBMITTED BY THE DEFENDANTS. ALTHOUGH THE SITE WAS EVENTUALLY CLEANED UP, THE DEFENDANTS DID NOT IMMEDIATELY COMPLY WITH THE ORDERS AND THE CLEANUP PLAN. VIGOROUS MONITORING BY EPA WAS REQUIRED TO ENSURE COMPLIANCE WITH THE ORDERS AND THE ASBESTOS NESHAP. THE PROPOSED RELIEF TO BE SOUGHT IS INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO COMPLY WITH REGULATIONS GOVERNING ASBESTOS DEMOLITIONS AND RENOVATIONS AND TO COLLECT PENALTIES IN THE AMOUNT OF $225,000. * FACILITY NAME & ADDRESS: LINCOLN APARTMENTS (FORMERLY) 9-23 NORTH INDIANA AVENUE ATLANTIC CITY, NJ 08401 * MEMO TO FILE DATED MARCH 30, 1999 DECREE SATISIFIED AND CASE CLOSED.

Defendants (2)

• AMELIA ASSOCIATESNamed in complaintNamed in settlement
• JOEY'S EXCAVATING, INC.Named in complaintNamed in settlement

Facilities (1)

• LINCOLN APARTMENTS - FORMERLY

  9-23 N INDIANA AVE, ATLANTIC CITY, NJ, 08401

  Registry ID: 110010613130

Statutes cited

• CAA 113B — Clean Air Act
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• AMELIA ASSOCIATES, ET ALentered 1993-11-04

  Primary law: CAA

  Federal penalty: $125,000

Timeline (8 milestones)

• 1991-03-14Enforcement Action Data Entered
• 1991-03-14Referred To Dept Of Justice
• 1991-06-04Referred TO U.S. Attorney
• 1991-09-23Complaint Filed With Court
• 1993-11-04Final Order Lodged
• 1993-11-04Final Order Entered
• 1993-11-04Concluded
• 1999-03-30Enforcement Action Closed