EPA v. MARTIN O. SANDIDGE INC - UNITY CONSTRUCTION

Case summary

THIS CASE INVOLVES NUMEROUS VIOLATIONS OF THE NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ABESTOS PURSUANT TO CAA SECTIONS 112 AND 114. THE SPECIFIC REGULATION VIOLATED IN EVERY INSTANCE HAS BEEN 40 C.F.R. SECTION 61.146, STANDARD FOR DEMOLITION AND RENOVATION: NOTIFICATION REQUIREMENTS. THE DEFENDANTS, MARTIN O. SANDIDGE, M.O. SANDIDGE INC., AND UNITY CONS- TRUCTION INC., ARE LEGALLY SEPARATE PERSONS. AS A PRACTICAL MATTER HOWEVER, IT HAS BEEN MARTIN O. SANDIDGE AS AN INDIVIDUAL AND/OR AS PRESIDENT OF THE CORPORATIONS WHO HAS BEEN RESPONSIBLE FOR SUBMITTING THE DEFICIENT NOTI- FICATIONS TO EPA PRIOR TO ASBESTOS DEMOLITION OR RENOVATION WORK. SANDIDGE SUBMITTED INCOMPLETE NOTIFICATIONS FOR DEMO- LITION OR RENOVATION WORK AT VARIOUS TIMES FROM JULY 10, 1985 THROUGH MARCH 23, 1987. SANDIDGE SUBMITED INCOMPLETE NOTIFICATIONS IN 1985 DATED JULY 10, AUGUST 5, AUGUST 13, AUGUST 21, AUGUST 26 AND SEPTEMBER 4. AS A RESULT OF TWO OF THESE NOTICES, EPA HAD ISSUED TWO NOTICES OF DEFICIENCY (NOD) TO M.O. SANDIDGE INC, ON AUGUST 16, 1985. SANDIDGE SUPPLIED INCOMPLETE RESPONSES TO THE TWO NOD'S. EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO M.O. SANDIDGE ON DECEMBER 13, 1985. THE AO REQUIRED M.O. SANDIDGE INC. TO SUPPLY THE MISSING NOTIFICATION INFORMATION WITH RESPECT TO SIX SPECIDIC PROJECTS AND TO SUBMIT ALL INFORMATION REQUIRED BY THE ASBESTOS NESHAP FOR FUTURE ASBESTOS REMOVAL PROJECTS. M.O. SANDIDGE SUPPLIED THE MISSING INFORMATION REQUIRED BY THE AO. HOWEVER IT CONTINUED TO SUBMIT ADDITIONAL INCOMPLETE NOTIFICATION AFTER EPA ISSUED THE AO. EPA PROPOSES TO CHARGE M.O. SANDIDGE WITH VIOLATING EPA'S DECEMBER 13, 1985 AO, AS WELL AS MARTIN O. SANDIDGE INDIVIDUALLY. DISCOVERY AFTER THE CASE IS FILED MAY SHOW A RELATIONSHIP BETWEEN M.O. SANDIDGE AND UNITY CONSTRUCTION INC SUFFICIENT TO CHARGE UNITY CON- STRUCTION INC WITH VIOLATIONS OF THE AO. IF SO THE COMPLAINT CAN THEN BE AMENDED. SANDIDGE SUBMITTED THE FOLLOWING INCOMPLETE NOTIFICATIONS TO EPA IN 1986: MAY 1, JUNE 12, JUNE 20, JUNE 30, AUGUST 8, AUGUST 22, SEPTEMBER 3, OCTOBER 8 (TWO INCOMPLETE NOTIFICAT- IONS), AND OCTOBER 20 (FOUR INCOMPLETE NOTIFICATIONS). MR. SANDIDGE ALLEGEDLY DISSOLVED M.O. SANDIDGE INC IN 1986 AND SINCE THAT DATE MR. SANDIDGE HAS BEEN CONDUCTING HIS ASBESTOS DEMOLITION BUSINESS UNDER THE NAME OF UNITY CON- SRTUCTION, INC. UNITY CONSTRUCTION, INC. SUBMITTED INCOMPLETE NOTIFICATION TO EPA DATED NOVEMBER 28, 1986, JANUARY 5, 1987, JANUARY 6, 1987, JANUARY 21, 1987, FEBRUARY 26, 1987, MARCH 2, 1987, MARCH 9, 1987, AND MARCH 23, 1987. THESE INCOMPLETE NOTIFI- CATIONS INVOLVED DEMOLITION OR RENOVATION WORK IN THE DISTRIC OF COLUMBIA, MARYLAND, AND VIRGINIA AREAS. THE SAME DEFICIENT NOTICES WERE SUBMITTED TO EACH OF THE APPROPRIATE STATES OR THE DISTRICT. NO STATE ACTIONS HAVE BEEN TAKEN AGAINST SANDIDGE. REPRESENTATIVES OF THE DISTRICT OF COLUMBIA DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS HAVE INDICATED A WILLINGNESS TO COOPERATE WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN ANY ACTION OR ACTIONS TAKEN AGAINST SANDIDGE.

Defendants (3)

• M.O. SANDIDGE, INC.Named in complaintNamed in settlement
• SANDIDGE, MARTIN O.Named in complaintNamed in settlement
• UNITY CONSTRUCTIONNamed in complaintNamed in settlement

Facilities (1)

• SANDIDGE, MARTIN O. INC

  2822 GEORGIA AVE N W, WASHINGTON, DC, 20001

  Registry ID: 110010580004

Statutes cited

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

Enforcement conclusions (1)

• SANDIDGE, MARTIN O., INC.entered 1988-09-09

  Primary law: CAA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1987-06-24Enforcement Action Data Entered
• 1987-06-24Referred To Dept Of Justice
• 1987-08-28Complaint Filed With Court
• 1988-09-09Final Order Lodged
• 1988-09-09Final Order Entered
• 1988-09-09Concluded
• 1988-09-09Enforcement Action Closed