EPA v. ECKERD CORPORATION, ET. AL.

Case summary

THE REGION ALLEGED JACK ECKERD CORPORATION, FLOORING AND WALL COVERING WHOLESALERS, INC., AND MAULDIN FLOOR COVERING COMPANY, HAD VIOLATED THE NATIONAL EMISSION STANDARD FOR ASBESTOS NESHAP FOUND AT 40 CODE OF FEDERAL REGULATIONS (C.F.R.) PART 61, SUBPART M. THE DEFENDANTS ALLEGEDLY VIOLATED THE ASBESTOS NESHAP BY: 1) FAILING TO PROVIDE TIMELY REMOVAL NOTICE; 2) FAILING TO WET ASBESTOS CONTAINING MATERIAL (ACM) DURING THE FLOOR RENOVATION PROJECT; 3) FAILING TO ENSURE THAT THE FRIABLE ACM REMAINED WET UNTIL COLLECTION FOR DISPOSAL; 4) DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING REMOVAL; AND 5) IMPROPERLY DISPOSING OF FRIABLE ACM. THE ALLEGED VIOLATIONS OCCURED DURING THE 1991 FLOOR RENOVATION OF THE ECKERD DRUG STORE #1082 LOCATED IN CHICKASAW, MOBILE COUNTY, ALABAMA. THE PRE-REFERRAL ACTION SOUGHT INJUNCTIVE RELIEF AGAINST FUTURE VIOLATIONS AND PENALTIES FOR PAST VIOLATIONS OF THE ASBESTOS NESHAP.

Defendants (3)

• JACK ECKERD CORPORATIONNamed in complaintNamed in settlement
• MAULDIN, CHROSINNamed in complaintNamed in settlement
• SMITH, JAMES ANamed in complaintNamed in settlement

Facilities (1)

• ECKERD DRUG STORE NO1082

  361 CRAFT HWY S, CHICKASAW, AL, 36611

  Registry ID: 110010712194

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ECKERD CORPORATIONentered 1995-03-06

  Primary law: CAA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1990-02-24Enforcement Action Data Entered
• 1994-03-23Referred To Headquarters
• 1995-02-23Referred To Dept Of Justice
• 1995-02-23Complaint Filed With Court
• 1995-03-06Final Order Lodged
• 1995-03-06Final Order Entered
• 1995-03-06Concluded
• 1995-06-01Enforcement Action Closed