EPA v. Tallaboa Industrial Park, LLC et al.

Case summary

During inspections conducted on November 19 and 21, 2013, EPA discovered that a release of hazardous substances (asbestos containing material in friable form) had occurred as a result of ongoing demolition activities at the Facility. This was confirmed on November 27, 2013, when analysis of samples obtained during the inspections revealed the presence of asbestos fibers at and beyond the Facility, including the School and the Head Start facility. On March 31, 2014, Region 2 issued an Administrative Order on Consent for a Removal Action to the Respondents for violations of CERCLA as a result of demolition activities conducted at the Tallaboa Industrial Park Complex, located in the municipality of Peñuelas, Puerto Rico. The removal action will address asbestos contamination at the Jorge Lucas Pérez Valdivieso School and the Tallaboa Encarnación Head Start facility (herein together the Work Area) that occurred as a result of such demolition activities. Under the Order, Respondents have also agreed to reimburse EPA for its oversight costs. Under the Order, Respondents will maintain access at the Work Area until the work is complete, decontaminate the School and the Head Start facility of asbestos fibers and materials containing such asbestos fibers, perform sampling to ensure that indoor air within the School and Head Start facility is appropriate for re-occupancy, and dispose of or decontaminate and reuse contaminated material and waste generated during the work. This work will be performed with EPA oversight, pursuant to an EPA-approved Work Plan.

Defendants (2)

• Tallaboa Industrial Park, LLCNamed in settlement
• Homeca Recycling and Demolition Corp.Named in settlement

Facilities (1)

• TALLABOA INDUSTRIAL PARK

  PR385 KM 5.4 INT PR127 KM 19.2 TALLABOA PONIENTE W, PENUELAS, PR, 00624

  Registry ID: 110056974975

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Tallaboa Industrial Park, LLC et al.entered 2014-03-31

  Primary law: CERCLA

Timeline (3 milestones)

• 2014-03-31Enforcement Action Closed
• 2014-03-31Final Order Issued
• 2014-04-14Enforcement Action Data Entered