EPA v. STATE OF FLORIDA & THE FL. DEPT OF HRS

Case summary

NATURE OF THE CASE: THIS ACTION IS BROUGHT PURSUANT TO CAA 112(C) (E) & CAA 113(B), THE ASBESTOS NESHAP. DEFENDANT IS A SOVEREIGN STATE, THE GOVERNMENT OF WHICH IS SEATED AT THE STATE CAPITOL, TALLAHASSEE, FLORIDA. THE DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, AN AGEN- CY OF THE STATE OF FLORIDA, COMMENCED RENOVATION OF A STATE OWNED BUILDING CONTAINING FRIABLE ASBESTOS MATERIALS AT THE SUNLAND CENTER IN TALLAHASSEE, FLORIDA, W/OUT PROVIDING WRITTEN NOTICE OF INTENTION TO RENOVATE AS REQUIRED BY 40 C.F.R. SECTION 61.146. DURING THE RENOVATION, FRIABLE ASBES- TOS MATERIALS WERE NOT REMOVED PRIOR TO DISMANTLING THAT WOULD BREAK-UP THOSE MATERIALS, & FRIABLE ASBESTOS MATERIALS THAT HAD BEEN REMOVED WERE NOT KEPT WET UNTIL COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 C.F.R. SECTION 61.147. NATIONAL OR PRECEDENTIAL ISSUES: A POSSIBLE NATIONAL AND PRECEDENTIAL ISSUE MIGHT BE RAISED IF THE STATE ASSERTS AS A DEFENSE THAT EPA ENFORCEMENT ACTION IS PRECLUDED BY THE DELE GATION OF NESHAP ENFORCEMENT AUTHORITY TO THE FLORIDA DER. BASED UPON A CONVERSATION BETWEEN WINSTON A. SMITH, DIRECTOR AIR, PESTICIDES & TOXICS MANAGEMENT DIVISION & STEVE SMALL- WOOD, CHIEF, BUREAU OF AIR QUALITY MANAGEMENT, FLORIDA DER, THE DER WILL NOT BE ASSESSING PENALTIES FOR THE VIOLATIONS. RELIEF SOUGHT: THE RELIEF TO BE SOUGHT INCLUDES AN IN- JUNCTION PROHIBITING FURTHER VIOLATIONS OF THE ASBESTOS NESHAP & A CIVIL PENALTY.

Defendants (2)

• FLORIDA DEPT OF HEALTH & REHAB SVCSNamed in complaintNamed in settlement
• FLORIDA, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• FLORIDA DEPT OF HEALTH & REHAB

  2389 PHILLIPS RD, TALLAHASSEE, FL, 32308

  Registry ID: 110010617056

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• FLORIDA, STATE OFentered 1986-08-01

  Primary law: CAA

  Federal penalty: $28,000

Timeline (7 milestones)

• 1985-09-30Referred To Headquarters
• 1985-10-24Referred To Dept Of Justice
• 1986-01-16Complaint Filed With Court
• 1986-08-01Final Order Lodged
• 1986-08-01Final Order Entered
• 1986-08-01Concluded
• 1987-02-28Enforcement Action Closed