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03-1997-0373JudicialClosedFY 1997· Region 03

EPA v. KENNETH MCDONALD DBA AMERICAN ASBESTOS ABATEMENT COMPANY

Final Order With Penalty

Penalty assessed

$27,700

Case summary

DEFENDANT VIOLATED THE FOLLOWING NESHAP WORK PRACTICE REQUIREMENTS:1)FAILING TO REMOVE ALL REGULATED ASBESTOS- CONTAINING MATERIAL (RACM) PRIOR TO DEMOLITION/RENOVATION ACTIVITIES WHICH WOULD BREAK UP OR DISTURB THE MATERIAL; 2)FAILURE TO ADEQUATELY WET RACM AS IT IS BEING STORED FOR DISPOSAL;3)FAILURE TO PREVENT THE DISCHARGE OF VISIBLE EMISSIONS TO THE OUTSIDE; AND 4)FAILURE TO DEPOSIT RACM AT A PROPER DISPOSAL FACILITY AS SOON AS PRACTICAL.

Defendants (2)

  • KENNETH MCDONALD DBA AMERICAN ASBESTOSNamed in complaintNamed in settlement
  • NICHOLAS MENGATOS T/A NICK'S CONSTRUCTIONamed in complaintNamed in settlement

Facilities (1)

  • TOWN & COUNTRY FOOD MARKET

    RT 611, TANNERSVILLE, PA, 18372

    Registry ID: 110010716779

Statutes cited

  • CAA 112Hazardous Air Pollutants

Enforcement conclusions (2)

  • NICHOLAS MENEGATOS T/A/ NICK'S CONSTRUCTIONentered 2002-02-04

    Primary law: CAA

    Federal penalty: $2,700

  • KENNETH MCDONALDentered 2002-03-26

    Primary law: CAA

    Federal penalty: $25,000

Timeline (7 milestones)

  • 1997-09-30Referred To Dept Of Justice
  • 1997-10-02Enforcement Action Data Entered
  • 2001-03-21Complaint Filed With Court
  • 2001-09-11Final Order Lodged
  • 2002-03-26Final Order Entered
  • 2002-03-26Concluded
  • 2010-04-20Enforcement Action Closed

Case metadata

EPA activity ID
17868
Case number
03-1997-0373
DOJ docket
90-5-2-1-2217
Lead agency
EPA
HQ division
AIR
Branch
3RC10
EPA region
03
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Hazardous Air Pollutants

Sourced verbatim from EPA ECHO Enforcement Case Report for case 03-1997-0373 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.