EPA v. MADONNA ENTERPRISES, INC.

Case summary

ON SEPTEMBER 25, 2014, EPA REGION III FILED A CONSENT AGREEMENT AND FINAL ORDER CONCLUDING AN ADMINISTRATIVE ACTION PROCEEDING AGAINST MADONNA ENTERPRISES, INC. ( MADONNA ) THAT BEGAN ON MARCH 31, 2014 WITH THE FILING OF A COMPLAINT AGAINST MADONNA ND WHITEHALL TOWNSHIP FOR VIOALTIONS OF THE CAA ASBESTOS NESHAP. THE COMPLAINT ALLEGED JOINT AND SEVERAL LIABILITY FOR VIOLATION OF THE ASBESTOS NESHPA, INCLUDING FAILURE TO COMPLY WITH ASBESTOS NOTIFICATION AND WORK-PRACTICE REQUIREMENTS DURING A DEMOLITION PROJECT OF 896 3RD ST., WHITEHALL, PA 18052 IN AUGUST AND SEPTEMBER 2013. THE COMPLAINT PROPOSED A PENALTY OF $52,403 FOR THE ALLEGED VIOLATIONS, SPECIFICALLY: FAILURE TO PROVIDE WRITTEN NOTICE OF THE DEMOLITION, FAILURE TO REMOVE RACM PRIOR TO DEMOLITION, FAILURE TO KEEP RACM ADEQUATELY WET, AND FAILURE TO HAVE AN ASBESTOS NESHAP-TRAINED REPRESENTATIVE ON SITE. MADONNA WILL SETTLE FOR $250, AND THE CASE AGAINST WHITEHALL TOWNSHIP WILL CONTINUE. ON NOVEMBER 10, 2015, A CAFO WAS FILED SETTLING EPA'S ADMINISTRATIVE CIVIL PENALTY CLAIMS AGAINST WHITEHALL TOWNSHIP, WHICH ASSESSES A PENALTY IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000) FOR THE VIOLATIONS ALLEGED IN THE COMPLAINT.

Defendants (2)

• MADONNA ENTERPRISES, INC. (SB)Named in complaintNamed in settlement
• WHITEHALL TOWNSHIPNamed in complaintNamed in settlement

Facilities (1)

• 896 3RD ST

  896 3RD ST, WHITEHALL, PA, 18052

  Registry ID: 110056139049

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (2)

• MADONNA ENTERPRISES, INC. (WHITEHALL TOWNSHIP, PA)entered 2015-11-10

  Primary law: CAA

  Federal penalty: $30,000

• MADONNA ENTERPRISES, INC.(MADONNA ENTERPRISE ONLY)entered 2014-09-25

  Primary law: CAA

  Federal penalty: $250

Timeline (3 milestones)

• 2014-03-31Complaint Filed/Proposed Order
• 2014-04-10Enforcement Action Data Entered
• 2015-11-10Final Order Issued