EPA v. POINT CORP

Case summary

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ) IS REFERRING THIS CASE TO THE DEPARTMENT OF JUSTICE ( DOJ ) AS A RESULT OF VIOLATIONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ASBESTOS ( ASBESTOS NESHAP ), 40 C.F.R. PART 61, SUBPART M, PROMULGATED PURSUANT TO SECTIONS 112 AND 114 OF THE CLEAN AIR ACT ( THE ACT ), AS AMENDED, 42 U.S.C. SECTION 7412 AND 7414 AT A PROPERTY OWNED BY THE POINT CORPORATION WHICH WAS FORMERLY KNOWN AS THE SADDLEBROOK INN HOTEL AND NIGHTCLUB, ON ROUTE 62, 2 MILES NORTH OF POINT PLEASANT, MASON COUNTY, WEST VIRGINIA ( THE SITE ). THE SPECIFIC REGULATIONS AT ISSUE ARE 40 C.F.R. SECTION 61.45, STANDARD FOR DEMOLITION FOR RENOVATION, AND 40 C.F.R. SECTION 61.150, STANDARD FOR WASTE DISPOSAL FOR MANUFACTURING, FABRICATING, DEMOLITION, RENOVATION, AND SPRAYING OPERATIONS. THE RECOMMENDED DEFENDANTS ARE POINT CORPORATION ( POINT ), MR. MARSHALL REYNOLDS, PRESIDENT OF POINT CORPORATION, WHITE, CHAPMAN AND WHITE, INC. MELVIN EAVES, KAR CONSTRUCTION AND RAY D. DARST DOING BUSINESS AS ENVIRONMENTAL PROTECTION ABATEMENT, INC. OF HUNTINGTON, WEST VIRGINIA. IN THE COURSE OF DEMOLISHING THE SADDLEBROOK INN, THE RECOMMENDED DEFENDANTS VIOLATED THE ASBESTOS NESHAP REQUIREMENTS THAT OWNERS AND OPERATORS OF ASBESTOS DEMOLITION ACTIVITIES: 1) SUBMIT TIMELY AND ACCURATE PROJECT NOTIFICATIONS; 2) REMOVE ALL REGULATED ASBESTOS CONTAINING MATERIALFROM A FACILITY BEING DEMOLISHED BEFORE ANY WRECKING OR DISMANTLING THAT WOULD BREAK UP, DISLOGE, OR SIMILARLY DISTURB THE MATERIAL, OR PRECLUDE ACCESS TO THE MATERIAL FOR SUBSEQUENT REMOVAL; 3) ADEQUATELY WET ASBESTOS AS IT IS STRIPPED FROM A FACILITY COMPONENT WHILE IT REMAINS IN PLACE IN THE FACILITY; 4) ADEQUATELY WET ASBESTOS THAT HAS BEEN REMOVED OR STRIPPED UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DISPOSAL; 5) HAVE AT LEAST ON-SITE REPRESENTATIVE TRAINED IN THE PROVISIONS OF THE ASBESTOS NESHAP; 6) DEPOSIT ASBESTOS-CONTAINING WASTE MATERIAL IN A PROPER WASTE DISPOSAL SITE AS SOON AS PRACTICAL; AND 7) DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBESTOS- CONTAINING MATERIAL.

Defendants (6)

• DARST, RAYBURN, DNamed in complaintNamed in settlement
• EAVES, MELVIN
• KAR CONSTRUCTION
• POINT CORPNamed in complaintNamed in settlement
• REYNOLDS, MARSHALLNamed in complaintNamed in settlement
• WHILE, CHAPMAN AND WHILE, INC

Facilities (1)

• POINT PLEASANT/OMS 6

  RTE 62, N 6 MI (OLD ORD WKS), POINT PLEASANT, WV, 25550

  Registry ID: 110010704648

Statutes cited

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

Enforcement conclusions (1)

• POINT CORPentered 1997-11-26

  Primary law: CAA

  Federal penalty: $350,000 · State/local: $350,000

Timeline (7 milestones)

• 1993-11-01Enforcement Action Data Entered
• 1994-09-29Referred To Dept Of Justice
• 1997-03-27Complaint Filed With Court
• 1997-11-26Final Order Lodged
• 1997-11-26Final Order Entered
• 1998-01-05Concluded
• 1998-05-01Enforcement Action Closed