EPA v. CERTIFIED ABATEMENT TECHNOLOGIES, INC.

Case summary

THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POL- LUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH REMOVAL PROCEDURES. SPECIFICALLY, IN JULY, AUGUST AND SEPTEMBER, 1991, DEFENDANTS CAUSED THE DEMOLITION OF A BUILDING. DURING THE DEMOLITION, DEFENDANTS FAILED TO WET REGULATED ASBESTOS CONTAINING MATERIAL ( RACM ) DURING STRIPPING OPERATIONS, IN VIOLATION OF 40 CFR SECTION 61.145(C)(3), FAILED TO MAINTAIN RACM WET UNTIL COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR SECTION 61.145(C) (6) (I), AND FAILED TO LABEL CONTAINERS OR WRAPPED MATERIALS WITH THE NAME OF THE WASTE GENERATOR AND THE LOCATION AT WHICH THE WASTE WAS GENERATED. ON 10/16/91, EPA ISSUED COMPLIANCE ORDERS TO CERTIFIED ABATEMENT TECHNOLOGIES, INC AND COOPER INDUSTRIES, INC. THE ORDERS REQUIRED DEFENDANTS TO CEASE VIOLATION OF AND TO COMPLY WITH ALL APPLICABLE PROVISIONS OF 40 CFR PART 61, SUBPART M AT THIS FACILITY AND ANY FACILITY WHERE FRIABLE ASBESTOS IS PRESENT. THE PROPOSED RELIEF TO BE SOUGHT IS AN INJUNCTION DIRECTING DEFENDANTS TO COMPLY WITH REGULATIONS GOVERNING ASBESTOS DEMOLITIONS AND RENOVATIONS AND TO COLLECT PENALTIES IN THE AMOUNT OF $50,000, BASED UPON EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED 8/22/89. RECENT CONTACTS WITH THE DEFENDANTS INCLUDE INSPECTIONS CONDUCTED BY EPA, CONVERSATIONS AND CORRESPONDENCE BE- TWEEN EPA AND DEFENDANTS, COMPLIANCE ORDERS ISSUED 10/16/91, COMPLIANCE ORDER ISSUED AGAINST CERTIFIED ABATEMENT TECH- NOLOGIES, INC., 6/15/87. * FACILITY NAME & ADDR: EDISON BATTERY PRODUCTS 75 BELLMONT AVE BELLEVILLE, NJ 07109 * OWNERSHIP: PRIVATE 08/09/93: DOJ REPORT SHOWS TRANSFER OF FUND ON 03/01/93 FOR $14,500.00. DIST CIV ACTION NUMBER IS 93-33055. * CLOSED CASE WITH A DATE OF 11/20/96. EXPLANATION OF ON SCREEN 12.

Defendants (3)

• CERTIFIED ABATEMENT TECHNOLOGIES INCNamed in complaintNamed in settlement
• COOPER INDUSTRIES, INCNamed in complaintNamed in settlement
• CRS, INCNamed in complaintNamed in settlement

Facilities (1)

• MCGRAW EDISON COMPANY

  75 BELMONT AVENUE, BELLEVILLE, NJ, 07109

  Registry ID: 110001531815

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CERTIFIED ABATEMENT TECH, INC.entered 1993-01-13

  Primary law: CAA

  Federal penalty: $38,525

Timeline (8 milestones)

• 1991-09-02Enforcement Action Data Entered
• 1991-12-31PRN Sent
• 1992-10-08Referred To Dept Of Justice
• 1992-10-21Complaint Filed With Court
• 1993-01-13Final Order Lodged
• 1993-01-13Final Order Entered
• 1993-01-13Concluded
• 1996-11-20Enforcement Action Closed