EPA v. NYC HPD & CONTRACTORS

Case summary

PRE-REFERRAL TO JUSTICE ON JUNE 28, 1996 REQUESTING THEIR CONCURRENCE FOR THE REGION TO COMMENCE SETTLING NEGOTIATIONS WITH THE PROPOSED DEFENDANTS PRIOR TO FORMALLY REFERRING THE CASE TO JUSTICE. THE HPD CONTRACTED WITH EACH NAMED CONTRACTOR TO RENOVATE OR DEMOLISH AT LEAST ONE COMMERCIAL OR APPLICABLE RESIDENTIAL BLDG, AND FAILED TO NOTIFY EPA REGION II EITHER BEFORE OR AFTER COMPLETION OF DEMOLITATIONS IN VIOLATION OF SECTION 112 AND 114 OF THE CAA AND AS REQUIRED BY 40 C.F.R. SECTION 61.145(B). THE REGION PROPOSES AN INJUNCTION MANDATING THAT ANY AND ALL SUBSEQUENT ACTIVITIES BY THE DEFENDANTS BE ACCOMPLISHED IN ACCORDANCE WITH THE APPLICABLE SECTION OF THE ASBESTOS NESHAP, 40 CFR PART 61 SUBPART M AND APPROPRIATE CIVIL PENALTIES FOR PAST VIOLATIONS THEREOF. * THERE ARE 16 DEFENDANTS 15 ARE CONTRACTORS TO NYC HPD. * 06/28/96 - PRE-REFERRAL PACKAGE SENT. 05/27/99 - REQUEST FOR CONCURRENCE IN SETTLEMENT RE NYCHPD TO RA AND TO DISMISS THE CONTRACTORS. -EPA DETERMINED THAT THE CONTRACTORS WERE LESS CUPABLE. THE THE ACTION AGAINST THE CONTRACTORS WAS DISMISSED. EACH CONTRACTOR WAS ISSUED AN ADMINISTRATIVE ORDER REQUIRING FUTURE COMPLIANCE WITH NESHAP. RA CONCURRED ON THE PROPOSED CD, ITS EXECUTION BY THE RC AND ITS TRANSMISSION TO DOJ. * 06/03/99 - RC SIGNED SETTLEMENT AND CD WAS REFERRED TO DOJ * 07/06/99 - COMPLAINT FILED AND CD LODGED W/ THE COURT. (ONE DEFENDANT NAMED- COPY PROVIDED FOR DOCKET FILE) 10/13/99 - CD ENTERED BY THE COURT * 12/08/99 - PENALTY PAID ON 12/8/99 DECREE SATISIFIED, CASE CLOSED ON DECEMBER 8, 1999.

Defendants (16)

• BLANDFORD LAND CLEARING CORP
• CROSSBAY CONTRACTING CORP
• DEMO-TECH CORP
• GATEWAY DEMOLITION CORP
• MACKROYCE CONTRACTING CORP
• NOSTRAND CONTRACTING CORP
• CENTURY WRECKING INC
• J.D.F. TRANSFER INC
• N.B.I. EQUIPMENT CORP
• SOLOMAN OLIVER MECH. CONT.
• A. RUSSO WRECKING INC
• BLANDFORD CONSTRUCTION CORP
• VAN SAN CONSTRUCTION CORP
• NYC, OF DEPT HOUSING PRESERVATION & DEVENamed in complaintNamed in settlement
• SACCO CONST. & DEMO COMPANY
• SCALA CONTRACTING COPR

Facilities (10)

• NOSTRAND CONTRACTING CORP

  138 NOSTRAND AVE, BROOKLYN, NY, 11205

  Registry ID: 110010602927

• N B I EQUIPMENT CORP

  7302 AVE W, BROOKLYN, NY, 112346606

  Registry ID: 110010602918

• DEMO-TECH CORP

  19 WYCKOFF AVE, BROOKLYN, NY, 112372313

  Registry ID: 110010602909

• A RUSSO WRECKING INC

  67 E AVE, LAWRENCE, NY, 115591003

  Registry ID: 110010637105

• MACKROYCE CONTRACTING CORP

  212 3RD AVE, BROOKLYN, NY, 112173036

  Registry ID: 110010602883

• BLANDFORD CONST CORP

  48 COFFEY ST, BROOKLYN, NY, 112311510

  Registry ID: 110010602892

• CROSSBAY BAY CONTRACTING

  242 NEVINS ST, BROOKLYN, NY, 11217

  Registry ID: 110019229306

• BLANDFORD LAND CLEARING CORP

  720 64TH ST, BROOKLYN, NY, 11220

  Registry ID: 110010602874

• J D F TRANSFER INC

  459 W 19TH ST, NEW YORK, NY, 10011

  Registry ID: 110010637114

• GATEWAY DEMOLITION CORP

  130-30 31ST AVENUE, FLUSHING, NY, 11354

  Registry ID: 110010637123

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• NYC, OF DEPT OF HOUSING PRESERVATION & DEVELOPMENTentered 1999-10-13

  Primary law: CAA

  Federal penalty: $110,000

Timeline (8 milestones)

• 1996-05-01Enforcement Action Data Entered
• 1996-06-28PRN Sent
• 1999-06-03Referred To Dept Of Justice
• 1999-07-06Final Order Lodged
• 1999-07-06Complaint Filed With Court
• 1999-10-13Final Order Entered
• 1999-10-13Concluded
• 1999-12-08Enforcement Action Closed