EPA v. B&S PIKE ASSOCIATES, L.P.

Case summary

B&S IS THE OWNER OF THE FACILITY AND HIRED TORYPETE AS GENERAL CONTRACTOR RESPONSIBLE FOR SITE DEVELOPMENT WITH RESPECT TO THE DEMOLITION OF THE FORMER DOWNINGTOWN FARMER'S MARKET AND ADJACENT FORMER RESIDENTIAL STRUCTURES, THE CONSTRUCTION OF THE NEW ASHBRIDGE SQUARE AT EAST CALN SHOPPING CENTER AND THE MANAGEMENT OF THE SUBCONTRACTORS IT ENGAGED TO PERFORM DEMOLITION, ASBESTOS REMOVAL, REDEVELOPMENT AND OTHER SITE-RELATED ACTIVITIES. FULL MOON CONSTRUCTION CO., INC. WAS THE PRIME SUBCONTRACTOR HIRED BY TORYPETE MANAGEMENT, INC. TO DEMOLISH ALL STRUCTURES AT THE FACILITY, PERFORM ANY NECESSARY ASBESTOS ABATEMENT AND OTHERWISE PREPARE THE SITE FOR REDEVELOPMENT. TERRA ENVIRONMENTAL CONTRACTORS, INC. WAS A SUBCONTRACTOR OF FULL MOON CONSTRUCTION CO., INC. AND WAS HIRED TO ASSIST FULL MOON IN PERFORMING DEMOLITION ACTIVITIES, INCLUDING CERTAIN ASBESTOS ABATEMENT ACTIVITIES, AT THE FACILITY. THROUGH A FACILITY INSPECTION AND INFORMATION REQUEST LETTER EPA ALLEGES THAT ALL OF THE RESPONDENTS VIOLATED THE CAA AND APPLICABLE ASBESTOS NESHAP REQUIREMENTS BY FAILING TO: THOROUGHLY INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE COMMENCEMENT OF DEMOLITION OPERATIONS IN ORDER TO DETERMINE THE APPLICABLE ASBESTOS NESHAP REQUIREMENTS; PROVIDE WRITTEN NOTICE TO EPA REGARDING DEMOLITION ACTIVITIES AT THE FACILITY AT LEAST TEN (10) DAYS PRIOR TO INITIATING ASBESTOS STRIPPING, REMOVAL WORK AND OTHER ACTIVITIES; REMOVE ALL RACM FROM A FACILITY BEING DEMOLISHED BEFORE ANY ACTIVITY BEGINS THAT WOULD BREAK UP, DISLODGE OR SIMILARLY DISTURB THE MATERIAL OR PRECLUDE ACCESS TO THE MATERIAL FOR SUBSEQUENT REMOVAL; ADEQUATELY WET ALL RACM, INCLUDING MATERIAL THAT HAS BEEN REMOVED OR STRIPPED, AND ENSURE THAT THE RACM REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DISPOSAL REMOVE RACM INCLUDING CATEGORY I AND CATEGORY II NONFRIABLE ACM, FROM THE FACILITY PRIOR TO DEMOLITION BY INTENTIONAL BURNING; SEAL ALL ASBESTOS-CONTAINING WASTE MATERIALS IN LEAK-TIGHT CONTAINERS OR LEAK-TIGHT WRAPPING WHILE WET, AND FAILURE TO LABEL THE CONTAINERS OR WRAPPED MATERIALS USING WARNING LABELS SPECIFIED BY OSHA; DEPOSIT ALL ASBESTOS-CONTAINING OR TREATED IN PREPARATION FOR DISPOSAL; CAREFULLY LOWER ALL REMOVED OR STRIPPED RACM TO THE GROUND AND FLOOR, NOT DROPPING THROWING, SLIDING, OR OTHERWISE DAMAGING OR DISTURBING THE MATERIAL; AND, HAVE AN ON-SITEREPRESENTATIVE TRAINED IN THE PROVISIONS OF THE ASBESTOS REMOVAL REGULATION PRESENT DURING THE REMOVAL OF RACM (ASBESTOS-CONTAINING TRANSITE SHINGLES) FROM A FORMER RESIDENTIAL STRUCTURE AT THE FACILITY.

Defendants (4)

• B&S PIKE ASSOCIATES, L.P.Named in complaintNamed in settlement
• FULL MOON CONSTRUCTION CO., INC.Named in complaintNamed in settlement
• TERRA ENVIRONMENTAL CONTRACTORS, INC.Named in complaintNamed in settlement
• TORYPETE MANAGEMENT, INC.Named in complaintNamed in settlement

Facilities (1)

• ASHBRIDGE SQUARE SHOPPING CTR

  955 LANCASTER AVE, DOWNINGTOWN, PA, 19335

  Registry ID: 110010620630

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• B&S PIKE ASSOCIATES, L.P., ET. AL.entered 2001-03-09

  Primary law: CAA

  Federal penalty: $130,000

Timeline (4 milestones)

• 2000-12-05Enforcement Action Data Entered
• 2001-01-10Complaint Filed/Proposed Order
• 2001-03-09Final Order Issued
• 2001-05-14Enforcement Action Closed