EPA v. PRYOR BACON COMPANY/STUART MANOR

Case summary

VIOLATION OF THE ASBESTOS NESHAP REGULATIONS DURING RENOVATION OF APARTMENT COMPLEX. NO NOTIFICATION TO CHATTANOOGA-HAMILTON COUNTY AIR POLLUTION CONTROL DISTRICT; DRY FRIABLE ASBESTOS LEFT ON SITE. DEFEDNANTS ARE PREVIOUS OWNER, MR. PRYOR E. BACON, JR., AND PREVIOUS MANAGEMENT COMPANY, PRYOR BACON COMPANY, INC. CURRENT OWNER SETTLED IN AN ADMINISTRATIVE ACTION. SEEK CIVIL PENALTY. SITE WAS LATER CLEANED UP, SO NO INJUNCTIVE RELIEF IS SOUGHT. CASE WAS PRE-REFERRAL IN 1993. ORIGINAL PENALTY CALCULATED OVER $1M, BUT BACON ARGUED ABILITY TO PAY. ABEL INDICATED PENALTY ABOUT $20,000, BUT DOJ WANTED MORE THOROUGH FINANCIAL ANALYSIS. AFTER REVIEWING LAST FIVE TAX YEARS FOR MR. BACON AND PBC, DOJ BELIEVED BACON COULD PAY MORE (HIGH FIVE- OR LOW SIX-FIGURE PENALTY). DOJ RECOMMENDED DOING DIRECT REFERRAL TO THEM.

Defendants (2)

• BACON, PRYOR E., JR.Named in complaintNamed in settlement
• PRYOR BACON COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• STUART MANOR APARTMENTS

  2914 HAYWOOD AVE, CHATTANOOGA, TN, 37421

  Registry ID: 110010712176

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• PRYOR BACON COMPANY/STUART MANORentered 1997-04-11

  Primary law: CAA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1991-11-12Enforcement Action Data Entered
• 1993-09-30PRN Sent
• 1996-08-20Referred To Dept Of Justice
• 1997-04-11Final Order Lodged
• 1997-04-11Final Order Entered
• 1997-04-11Complaint Filed With Court
• 1997-04-11Concluded
• 1998-05-29Enforcement Action Closed