EPA v. COUNCIL ROCK SCHOOL DISTRICT

Case summary

ON MAY 5, 2000, EPA RECEIVED FROM JEN A DEMOLITION NOTIFICATION FORM ( INITIAL NOTICE ) REGARDING A DEMOLITION ACTIVITY SCHEDULED TO TAKE PLACE AT A FACILITY OWNED BY CRSD LOCATED AT 301 TWINING FORD ROAD, RICHBORO, PENNSYLVANIA 18954. THE INITIAL NOTICE IDENTIFIED THE ABATEMENT CONTRACTOR AS JEN THE WASTE TRANSPORTER AS WASTE MANAGEMENT, THE WASTE DISPOSAL SITE AS THE GROWS LANDFILL AND THE AIR MONITORING FIRM AS SYNERTECH, INC. ON MAY 16, 2000, EPA INSPECTOR RICH PONAK SET OUT TO CONDUCT AN ASBESTOS NESHAP COMPLIANCE INSPECTION AT THE FACILITY. UPON ARRIVING AT THE 301 TWINING FORD ROAD ADDRESS SPECIFIED IN THE INITIAL NOTICE, MR. PONAK FOUND THAT HE WAS NOT AT THE DESCRIBED FACILITY, BUT AT SCHOOL DISTRICT ADMINISTRATIVE OFFICES. HE EVENTUALLY WAS ADVISED TO HIM THAT ASBESTOS ABATEMENT AND DEMOLITION ACTIVITIES WERE NOT TAKING PLACE AT THEIR PRESENT LOCATION AND THAT THE FACILITY DESCRIBED IN THE INITIAL NOTICE WAS LOCATED AT HOLLAND ROAD IN RICHBORO, PENNSYVLANIA. WHEN MR. PONAK FINALLY ARRIVED ON-SITE AT HE FACILITY, HE INITIALLY OBSERVED WORK CREW MEMBERS REMOVING BAGS OF ASBESTOS WASTE MATERIAL FROM THE BASEMENT OF A BUILDING AND PLACING THE BAGGED ASBESTOS WASTE INTO AN UNMARKED VAN WHICH THEY TOLE HIM WOULD BE USED TO TRANSPORT THE ASBESTOS WASTE TO SAFE SIDE ENVIRONMENTAL. MR. PONAK OBSERVED THAT THERE WERE NO ASBESTOS WARNING SIGNS ANYWHERE IN THE ARE OF THIS ACTIVITY. MR. PONAK THEN LEARNED THAT ADDITIONAL WORK CREW USING PRY BARS AND HAMMERS TO BREAK UP AND CRUSH DRY AND WEATHERED TRANSITE PANELS THAT WERE IN PPOR CONDITION AND WHICH THEY HAD JUST REMOVED FROM AN ADJACENT STRUCTURE. MR. PONAK OBSERVED THAT THESE ACTIVITIES WERE CAUSING THE RELEASE OF VISIBLE EMISSIONS TO THE AIR AND THAT THEY RESULTED IN DRY BITS AND PIECES OF TRANSITE MATERIAL BEING SCATTERED ALL OVER THE GROUND. MR. PONAK OBSERVED NO WATER SUPPLY IN THE AREA, NOTING THAT NO HOSES OR WATER BOTTLES WERE PRESENT AND THAT ALL OF THE TRANSITE MATERIAL HE OBSERVED WAS COMPLETELY DRY. HE FURTHER OBSERVED THAT NONE OF THE WORK CREW MEMBERS WERE WEARING PROTECTIVE CLOTHING OR RESPIRATORS WHILE ENGAGED IN BREAKING AND CRUSHING THIS TRANSITE MATERIAL AND PLACING THE BROKEN, CRUSHED AND DAMAGE PIECES INTO PLASTIC DISPOSAL BAGS. UPON INSPECTING THE OPEN DISPOSAL BAGS, MR. PONAK OBSERVED AND ESTABLISHED THAT THE TRANSITE WASTE MATERIAL THEREIN WAS VERY DRY AND THAT THERE WAS NO WATER OR MOISTURE INSIDE ANY OF THE DISPOSAL BAGS. MR. PONAK TOOK PHOTOGRAPHS OF THE WASTE DISPOSAL BAGS AND THE TRANSITE WASTE MATERIAL THEREIN. HE ALSO TOOK SAMPLES OF THE CONTENTS OF FOUR OF THESE WASTE DISPOSAL BAGS, THE CONTENTS OF WHICH WERE FOUND TO CONTAIN ASBESTOS IN QUANTITIES MUCH GREATER THAN 1% THROUGH POLARIZED LIGHT MICROSCOPY ANALYSES. MR. PONAK ALSO NOTED THAT THE TRANSITE MATERIAL IN QUESTION WAS IN SUCH POOR AND WEATHERED CONDITION THAT IT WAS FRIABLE. ON AUGUST 2, 2000, EPA SENT CAA SECTION 114 INFORMATION REQUEST LETTERS TO JEN AND TO CRSD SEEKING ADDITIONAL INFORMATION CONCERNING ASBESTOS ABATEMENT AND DISPOSAL ACTIVITIES AT THE FACILITY. JEN AND CRSD RESPONDED TO EPA'S INFORMATION REQUEST LETTERS. HOWEVER, IN RESPONSE TO A REQUEST TO PROVIDE EPA WITH COPIES OF DOCUMENTS, INCLUDING WASTE MANIFESTS RELATED TO THE WORK PERFORMED AT THE FACILITY, JEN PRODUCED NO WASTE MANIFESTS AND PROVIDED NO EXPLANATION CONCERNING ITS FAILURE TO DO SO. IN RESPONSE TO A SIMILAR QUESTION, CRSD STATED THAT WASTE MANIFESTS HAVE NOT BEEN SUBMITTED BY THE ABATEMENT CONTRACTOR AS OF THE ?OCTOBER 10, 2000? DATE OF THIS LETTER. EPA SUBSEQUENT SUBSEQUENTLY OBTAINED FROM SERVICE TRANSPORT GROUP, INC., P. O. BOX 2132, BRISTOL, PA 19007, A COPY OF THE WASTE DISPOSAL MANIFEST FOR THE RACM OBSE

Defendants (3)

• COUNCIL ROCK SCHOOL DISTRICTNamed in complaintNamed in settlement
• JEN ENVIRONMENTAL CONSTRUCTION TECH.,LLCNamed in complaintNamed in settlement
• SYNERTECH INCORPNamed in complaintNamed in settlement

Facilities (1)

• COUNCIL ROCK SCH DISTRICT

  HOLLAND RD, RICHBORO, PA, 18954

  Registry ID: 110010718768

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• JEN ENVIORNMENTAL CONSTRUCTION TECHNOLOGIES, LLCentered 2001-09-24

  Primary law: CAA

  Federal penalty: $7,200

• COUNCIL ROCK SCHOOL DISTRICTentered 2001-05-02

  Primary law: CAA

  Federal penalty: $12,335

Timeline (4 milestones)

• 2001-03-26Enforcement Action Data Entered
• 2001-03-29Complaint Filed/Proposed Order
• 2001-09-24Final Order Issued
• 2001-12-31Enforcement Action Closed