EPA v. Aireko Construction, Corp.

Case summary

The Administrative Order for removal action, directs Respondent to participate and cooperate in an on-going removal action currently being performed at the North Tower of the Minillas Government Complex, located in San Juan, Puerto Rico. The environmental benefits associated with the work have been included in the CCDS for EA# 02-2012-2022. On September 24, 2012, EPA executed a separate administrative order on consent with two entities, the Public Buildings Authority and Enviroresources, Inc. to perform certain response activities at the Site, and that work is on-going. This Order is being issued pursuant to Sections 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.§§ 9606(a). As part of a renovation project at the North Tower, the three Respondents had disposed of asbestos containing materials (ACM) from the renovation activities occurring in the North Tower in an outdoor cargo area. The asbestos removal was performed by untrained and uncertified personnel. It was also alleged that ACM-containing construction debris had been transported to the building’s cargo area using the elevators and the service stairways, in advance of intended disposal. EPA conducted an inspection on May 15, 2012. As a result of the inspection, on May 16, 2012, EPA personnel conducted a follow-up inspection of the Site and conducted sampling to determine the presence of ACM at the North Tower. Sampling results revealed the presence of asbestos fibers outside the building in the cargo area, as well as inside the building in walls, floors, elevators, and functional spaces, suggesting widespread contamination. As a result of high concentrations of ACM at the main entrance of the North Tower, EPA’s On-Scene Coordinator recommended restricting access to the building.

Defendants (1)

• Aireko Construction, Corp.Named in settlement

Facilities (1)

• MINILLAS GOVERMENT COMPLEX

  JOSE DE DIEGO AVENUE, MINILLAS COMPLEX, NORTH TOWE, SAN JUAN, PR, 00940

  Registry ID: 110046303754

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Aireko Construction, Corp.entered 2013-02-28

  Primary law: CERCLA

Timeline (3 milestones)

• 2013-02-28Enforcement Action Closed
• 2013-02-28Final Order Issued
• 2013-03-05Enforcement Action Data Entered