EPA v. Olivet Management LLC

Case summary

A Compliance Order was issued to the Respondent under Section 113(a)(3) of the Clean Air Act for significant violations found at their 500-acre facility. The facility consists of over two dozen buildings located on the site of the former Harlem Valley Psychiatric Center in Dover, New York. The Order alleges violations of Sections 112 and 114 of the Act, and of provisions of the Asbestos NESHAP, 40 C.F.R. Part 61, Subpart M, including failure to: (i) inspect the facility for asbestos prior to commencement of renovation; (ii) notify EPA of intention to renovate and disturb asbestos; (iii) remove all asbestos-containing material before renovation; and (iv) other violations of the asbestos work practice standards. After the Respondent denied entry to EPA initially, EPA inspectors discovered substantial renovation activity had recently occurred, in advance of a public fundraiser at the facility; and that a substantial amount of obvious asbestos-contaminated material remained in buildings intended for renovation. The Order requires the Respondent to take actions to comply with these regulations, including, among other things, to: (i) cease all renovation work; (ii) cover all window and openings at the facility; and (iii) submit a comprehensive asbestos abatement plan for the facility.

Defendants (1)

• Olivet Management LLCNamed in settlement

Facilities (1)

• DOVER GREENS (FKA OLIVET)

  73 WHEELER RD, WINGDALE, NY, 12594

  Registry ID: 110044944969

Statutes cited

• TSCA 7 — Imminent Hazard
• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Olivet Management LLCentered 2013-11-27

  Primary law: CAA

Timeline (3 milestones)

• 2013-11-27Final Order Issued
• 2013-11-27Enforcement Action Closed
• 2013-12-20Enforcement Action Data Entered