EPA v. SAHARA HOLDINGS LIMITED LIABILITY COMPANY

Case summary

THE FACILITY IS COMPRISED OF ONE THREE STORY APARTMENT BUILDING. ON OR ABOUT NOVEMBER 3, 1995, FOLLOWING AN INSPECTION OF THE FACILITY, THE STATE OF WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES OFFICE OF ENVIRON- MENTAL HEALTH SERVICES ISSUED AN INTERIM CEASE AND DESIST ORDER TO DAVID MARSHALL AND SAHARA REQUIRING MARSHALL AND SA SAHARA TO CEASE AND DESIST ALL DEMOLITION AND SALVAGE WORK BEING DONE SO AS TO PROPERLY PROTECT THE HEALTH OF EMPLOYEES AND THE GENERAL PUBLIC. THAT ORDER NOTED THE FOLLOWING VIOLATIONS OF THE WEST VIRGINIA ASBESTOS CONTROL VIRGINIA AND/OR 64 CSR 63: DEMOLITION/RENOVATION WITHOUT NOTIFICATIO NOTIFICATION, DISTURBANCE OF ASBESTOS CONTAINING BUILDING MATERIAL, AND FAILURE TO PROVIDE PERSONAL PROTECTIVE EQUIP- MENT TO THOSE WORKING AT THE FACILITY. SINCE THAT ORDER WAS ISSUED, AND ENTERED THE BUILDING AND PERFORMED ADDITIONAL RENOVATION/DEMOLITION ACTIVITIES. THERE IS AN IMMINENT RISK OF IRREPARABLE HARM AT AND NEAR THE BROADDUS APARTMENTS BECAUSE THERE ARE SIGNIFICANT AMOUNTS OF FRIABLE ASBESTOS CONTAINING MATERIALS, INCLUDING ASBESTOS CONTAINING PLASTER AND PLASTER DUST, THROUGHOUT THE BUILDING. AS MANY OF THE WINDOWS AND DOORS TO THE BUILDING HAVE BEEN REMOVED, THIS DUST IS SUSCEPTIBLE TO BEING RELEASE INTO THE ENVIRONMENT AS AIR MOVES IN AND OUT O OF THE BUILDING. OCCUPIED RESIDENCES ARE LOCATED ACROSS THE STREET AND NEXT DOOR TO THE BUILDING. MOREOVER, AS THE BUILDING IS NOT SECURE AND NO WARNING SIGNS ARE IN PLACE, PERSONS CAN EASILY ENTER THE BUILDING AND BE UNWITTINGLY EX- POSED TO ASBESTOS. AS THERE IS NO SAFE LEVEL OF EXPOSURE TO ASBESTOS, THESE CONDITIONS AT THE BUILDING CREATE AN UNREASONABLE RISK OF HARM FOR NEIGHBORS, WORKERS, TRES- PASSERS, AND PASSERSBY.

Defendants (3)

• DAVID MARSHALLNamed in complaint
• SAHARA HOLDING COMPANY, INCNamed in complaintNamed in settlement
• SAUOD, ALLENNamed in complaintNamed in settlement

Facilities (1)

• BROADDUS APARTMENTS

  BROADDUS AVE AND COLLEGE ST, CLARKSBURG, WV, 26301

  Registry ID: 110009318979

Statutes cited

• CAA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• SAHARA HOLDING LIMITEDentered 2000-02-08

  Primary law: CAA

  Federal penalty: $493

Timeline (7 milestones)

• 1995-11-07Enforcement Action Data Entered
• 1995-12-11Referred To Dept Of Justice
• 1995-12-18Complaint Filed With Court
• 2000-02-08Final Order Lodged
• 2000-02-08Final Order Entered
• 2000-03-10Concluded
• 2000-03-10Enforcement Action Closed