EPA v. JACKSON, AUSTIN, & VHC

Case summary

/////NATURE OF THE CASE///// VETERAN'S COOPERATIVE HOUSING ASSN. IS A NON-PROFIT CORP. INCORPORATED IN THE DISTRICT OF COLUMBIA. THE ASSN. OWNS NAYLOR GARDENS APARTMENTS, WHERE THE ASBESTOS REMOVAL OCCURRED DURING THE RENOVATION OF AN APARTMENT BUILDING. A&J COMPANY IS A JOINTLY-OWNED PLUMBING CONTRACTING CO. WITH OFFICES LOCATED IN MARYLAND; IT PERFORMEDTHE ASBESTOS REMOVAL AT NAYLOR GARDENS. /////CAUSE FOR ACTION///// THE NATIONAL EMISSION STD FOR ASBESTOS, 40CFR/61.140 ET SEQ., APPLIES TO A RENOVATION IF AT LEAST 260 LINEAR FT OF ASBESTOS ON FACILITY COMPONENTS IS REMOVED.THE SOURCE MUST NOTIFY EPA IN ADVANCE OF COMMENCING RENOVATION. /61.146C: ALL MATERIALS CONTAINING ASB. MUST BE KEPT WET WHILE BEING STRIPPED, /61.147C: DURING THE PERIOD AFTER THEY ARE BEING STRIPPED, /61.147E: AND BEFORE THEY ARE COLLECTED FOR DISPOSAL. /61.152: ALL ASBESTOS-CONTAINING WASTE MATERIALS MUST BE DEPOSITED AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE W/ THE REGULATIONS. - A&J STRIPPED FRIABLE ASBESTOS FROM PIPES DURING A RE- NOVATION AT NAYLOR GARDENS WHICH TOOK PLACE BETWEEN MARCH 4 AND MARCH 6, 1985. AN EPA INSPECTOR HAS ESTIMATED THAT AT LEAST 481 LINEAR FEET OF ASBESTOS WAS REMOVED. NEITHER EPA NOR THE D.C. DEPT. OF CONSUMER AND REGUL. AFFAIRS, ENVIRONM. CONTROL DIV. (ECD) WERE NOTIFIED OF THE ASBESTOS REMOVAL. IN ADDITION, A&J FAILED TO FOLLOW REQUIRED PROCEDURES IN THE ACTUAL REMOVAL & HANDLINGOF THE ASBESTOS (NO WETTING OR BAGGING). FURTHER, ASBESTOS REMOVED FROM THE BUILDING WAS NOT DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS.ECD IN- SPECTED THE SITE ON 03/05/85 AND FOUND LARGE AMOUNTS OF DRY ASBESTOS ON THE FLOOR AND IN DUMPSTERS OUTSIDE THE BUILDING. SAMPLES WERE TAKEN WHICH PROVED POSITIVE FOR ASBESTOS. DURING AN EPA INSPECTION ON 03/29/85, THE MANAGER OF THE APARTMENT BUILDINGS STATED THAT WET REMOVAL TECHNIQUES WERE NOT USED IN THE ASBESTOS REMOVAL PROJECT. EPA INSPECTORS ALSO TOOK SAMPLES OF THE FRIABLE ASBESTOS. /////PROPOSED REMEDY///// BECAUSE THE ASBESTOS REMOVAL IS COMPLETE, NO INJUNCTIVE RELIEF IS NECESSARY OTHER THAN A COURT ORDER DIRECTING THE DEFENDANTS TO NOTIFY EPA OF ANY FURTHER RENOVATION WHICH FALLS UNDER THE NESHAP FOR ASBESTOS AND TO COMPLY WITH THE REGULATIONS GOVERNING RENOVATION OPERATIONS. REG-III HAS CALCULATED THE CIVIL PENALTY FOR SETTLEMENT AT $31,700.

Defendants (3)

• AUSTIN, TERRYNamed in complaintNamed in settlement
• JACKSON, MICHAELNamed in complaintNamed in settlement
• VETERAN'S COOPERATIVE HOUSING ASSOC.Named in complaintNamed in settlement

Facilities (2)

• NAYLOR GARDENS

  2725 30TH STREET SE, WASHINGTON, DC, 20020-3101

  Registry ID: 110001967845

• NAYLOR GARDENS

  2725 30TH STREET SE, WASHINGTON, DC, 20020-3101

  Registry ID: 110001967845

Statutes cited

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

Enforcement conclusions (1)

• JACKSON, AUSTIN, & VHCentered 1986-12-09

  Primary law: CAA

  Federal penalty: $14,000

Timeline (7 milestones)

• 1985-09-26Referred To Headquarters
• 1985-10-16Referred To Dept Of Justice
• 1986-11-30Complaint Filed With Court
• 1986-12-09Final Order Lodged
• 1986-12-09Final Order Entered
• 1986-12-09Concluded
• 1988-08-11Enforcement Action Closed