EPA v. CLEVELAND WRECKING CO., ET AL

Case summary

NATURE OF THE CASE: THIS IS A CIVIL ACTION AGAINST A CON- TRACTOR (BLAKE) AND SUB-CONTRACTOR (CLEVELAND WRECKING) WHO DEMOLISHED A GYM UNDER CONTRACT WITH AMERICAN UNIVERSITY. THE ACTION IS PURSUANT OT SECT 113(B) OF THE CAA, 42 USC SECT 7413(B), AND SEEKS PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH PROVISIONS OF (NESHAP) FOR ASBES- TOS, 40 CFR SUBPART M, SECT 61.140 CAUSE OF ACTION. THIS ACTION ALLEGES THAT THE DEFENDANT CLEVELAND WRECKING FAILED TO COMPLY WITH THE WORK PRACTICE REQUIREMENTS OF 40 CFR SECT 61.147 AND 61.152 AND PROVIDED FALSE AND MISLEADING INFORMA- TION IN RESPONSE TO A SECTION 114 REQUEST FOR INFORMATION. PROPOSED REMEDY: NO PENALTY IS SOUGHT AGAINST THE OWNER, AMERICAN UNIVERSITY, AS AU HAS BEEN COOPERATIVE. A CIVIL PENALTY OF 100K IS SOUGHT AGAINST DEFENDANTS. A PACK- AGE SETTLEMENT WITH THE MONTANA CASE AGAINST CLEVELAND WRECK ING MAY BE ARRANGED. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCETHIS CASE HAS NATIONAL SIGNIFICANCE FOR SEVERAL REASONS: THE DEFENDANT CLEVELAND WRECKING IS A NATION-WIDE DEMOLITION CONTRACTIOR AND HAS VIOLATED SIMILAR ASBESTOS REGULATIONS IN THE PAST IN NEW YORK(REGII). THIS IS THE THIRD TIME RECENTLY THAT CLEVELAND WRECKING HAS VIOLATED THE ASBESTOS STANDARDS RESULTING IN LITIGATION.

Defendants (1)

• CLEVELAND WRECKING CO.Named in complaintNamed in settlement

Facilities (2)

• AMERICAN UNIVERSITY

  4500 MASSACHUSETTS AVENUE NW, WASHINGTON, DC, 20016

  Registry ID: 110029198972

• AMERICAN UNIVERSITY

  4500 MASSACHUSETTS AVENUE NW, WASHINGTON, DC, 20016

  Registry ID: 110029198972

Statutes cited

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

Enforcement conclusions (1)

• CLEVELAND WRECKING COMPANYentered 1988-12-14

  Primary law: CAA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1986-12-31Referred To Dept Of Justice
• 1987-11-25Returned To Region
• 1988-11-03Complaint Filed With Court
• 1988-11-03Rereferred
• 1988-12-14Final Order Lodged
• 1988-12-14Final Order Entered
• 1988-12-14Concluded
• 1992-04-15Enforcement Action Closed