EPA v. HESS MECHANICAL CORP.

Case summary

/////NATURE OF THE CASE///// HESS MECHANICAL CORPORATION (HESS) IS A PLUMBING, HEAT- ING, AIR CONDITIONING, AND MECHANICAL CONTRACTOR FOR COMM- ERCIAL AND INDUSTRIAL BUILDINGS. JACK FRIEDLANDER AND TWO OTHER INDIVIDUALS ARE THE OWNERS OF THE RING BUILDING, A COMMERCIAL OFFICE BUILDING IN WASHINGTON, D.C. HESS WAS HIRED TO REPLACE THE HEATING AND AIR CONDITIONING SYSTEM IN THE RING BUILDING. ASBESTOS REMOVAL WAS PERFORMED IN THE COURSE OF THE WORK. /////CAUSE OF ACTION///// THE NAT'L EMISSION STD. FOR ASBESTOS, 40CFR/61.140 ET SEQ., APPLIES TO A RENOVATION IF AT LEAST 260 LINEAR FEET OF ASBESTOS ON FACILITY COMPONENTS IS REMOVED. /61.146C: ALL MATERIALS CONTAINING ASB. MUST BE KEPT WET WHILE BEING STRIPPED, /61.147C: DURING THE PERIOD AFTER THEY ARE STRIPPED FROM /61.147E: FACILITY COMPONENTS, AND BEFORE THEY ARE COLLECTED FOR DISPOSAL. /61.152:ALL ASBESTOS-CONTAINING WASTE MATERIAL MUST BE DE- POSITED AT A DISPOSAL SITE IN ACCORDANCE WITH PRO- CEDURES SET FORTH IN THE REGULATIONS AT /61.152. - AFTER RECEIPT OF AN ANONYMOUS TIP ON 04/17/85, AN IN- SPECTOR FROM THE ENVIRONMENTAL CONTROL DIVISION (ECD) OF THE D.C. DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS INSPECTED THE SITE. WHILE HE OBSERVED NO ONGOING ASBESTOS REMOVAL AC- TIVITY, HE FOUND EVIDENCE THAT THE WORK HAD BEEN COMPLETED. HE TOOK SAMPLES FROM OPEN UNMARKED BAGS. THIS PROVED TO BE ASBESTOS. ALL THE BAGS WERE DRY. USING INFORMATION OBTAINED FROM DEFENDANT IN RESPONSE TO A /114 INFORMATION REQUEST, EPA ESTIMATED THAT 792 SQ FT OF ASBESTOS MATERIAL WAS REMOVED. EPA WAS NOT NOTIFIED OF TH E REMOVAL. /////PROPOSED REMEDY///// BECAUSE THE ASBESTOS REMOVAL HAS BEEN COMPLETED, NO IN- JUNCTIVE RELIEF IS NECESSARY OTHER THAN A COURT ORDER DIR- ECTING THE DEFENDANTS TO NOTIFY EPA OF ANY FURTHER RENOVATIN 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 $22,000.

Defendants (2)

• HESS MECHANICAL CORP.Named in complaintNamed in settlement
• RING ASSOCIATESNamed in complaintNamed in settlement

Facilities (1)

• RING MANAGEMENT

  1200 18TH ST NW, WASHINGTON, DC, 20036

  Registry ID: 110010633788

Statutes cited

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

Enforcement conclusions (1)

• HESS MECHANICAL CORP.entered 1986-06-13

  Primary law: CAA

  Federal penalty: $10,000

Timeline (7 milestones)

• 1985-09-26Referred To Headquarters
• 1985-10-16Referred To Dept Of Justice
• 1986-01-16Complaint Filed With Court
• 1986-06-13Final Order Lodged
• 1986-06-13Final Order Entered
• 1986-06-13Concluded
• 1988-07-29Enforcement Action Closed