EPA v. JUELLE BROS.,INC. & ARCHDIOCESE OF MIAMI

Case summary

NATURE OF THE CASE: THIS IS A PROPOSED ACTION FOR A CIVIL PENALTY AND A PERMANENT INJUNCTION AGAINST THE JUELLE BROTHERS INC., A GENERAL CONTRACTOR, FOR VIOLATION OF THE NATIONAL E- MISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ASBESTOS, 40 C.F.R. PART 61, SUBPART M. VIOLATIONS: THE VIOLATION OCCURRED WHEN DEFENDANTS BEGAN THE DEMOLITION OF THE GESU SCHOOL WHICH CONTAINED FRIABLE ASBESTOS, IN DOWNTOWN MIAMI WITHOUT PRIOR NOTICE TO EPA OR THE FLORIDA DEPARTMENT OF REGULATION. DEFENDANTS ALSO COM- MENCED DEMOLIOTION WITHOUT FIRST REMOVING THE FRIABLE AS- BESTOS. THE ARCHDIOCESE OF MIAMI WAS THE OWNER OF THE GESU SCHOOL. JUELLE BROTHERS, INC., DEMOLISHED THE SCHOOL FOR THE ARCH- DIOCESE. PROPOSED REMEDY: THE PROPOSED ACTION SEEKS A PERMANENT IN JUNCTION AGAINST FURTHER VIOLATIONS OF THE ASBESTOS NESHAP, AND CIVIL PENALITIES OF $25,000 PER DAY OF VIOLATION. A SETTLEMENT OF $30,800 IS RECOMMENDED, BASED ON THE FACTORS DISCUSSED IN THE APRIL 6, 1984, ASBESTOS STRATEGY DOCUMENT. ISSUES OF NATIONAL OR PRECEDENTIAL: THE PROPOSED ACTION ALLEGES THAT THE MERE COMMENCEMENT OF DEMOLITION PRIOR TO AS BESTOS REMOVAL, WITHOUT THE BREAKING UP OF ASBESTOS MATERI- ALS, IS A VIOLATION OF 40 C.F.R. SECTION 61.147. SINCE EPA WOULD BE ENFORCING A FEDERAL RULE, THE DISPOSITION OF THIS ALLEGATION COULD ESTABLISH A SIGNIFICANT NATIONAL PRECEDENT.

Defendants (1)

• JUELLE BROTHERS, INC.Named in complaintNamed in settlement

Facilities (1)

• GESU SCHOOL & CONVENT

  118 NE 2ND ST, MIAMI, FL, 33132

  Registry ID: 110010689282

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• JUELLE BROTHERS, INC.entered 1986-03-05

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1984-09-28Referred To Headquarters
• 1984-10-29Referred To Dept Of Justice
• 1984-12-20Referred TO U.S. Attorney
• 1984-12-21Complaint Filed With Court
• 1986-03-05Final Order Lodged
• 1986-03-05Final Order Entered
• 1986-03-05Concluded
• 1990-08-24Enforcement Action Closed