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04-1998-0397Administrative - FormalClosedFY 1998· Region 04

EPA v. FRANKLIN AND LEONHARDT EXCAVATING COMPANY, INC.

Final Order With Penalty

Penalty assessed

$1,000

Case summary

COMPLAINT FILED 8/31/98 PROPOSING A PENALTY OF $27,224 COMPLAINT ALLEGES: COUNT I RESPONDENT DID NOT THOROUGHLY INSPECT LOWELL ELEMENTARY SCHOOL FOR THE PRESENCE OF ASBESTOS PRIOR TO THE DEMOLITION OF LOWELL ELEMENTARY SCHOOL. IN VIOLATION OF THE CAA 40 C.F.R. SECTION 61.145(A). COUNT II RESPONDENT DID NOT REMOVE ALL RACM FROM THE LOWELL ELEMENTARY SCHOOL BUILDING BEFORE DEMOLITION OF THE BUILDING. IN VIOLATION OF 40 C.F.R. SECTION 61.145(A). COUNT III THE ASBESTOS AT THE DEMOLITION SITE OF LOWELL ELEMENTARY SCHOOL WAS NOT ADEQUATELY WET AT ALL TIMES UNTIL DISPOSED OF. IN VIOLATION OF CAA 40 C.F.R. SECTION 61.150 (C) (III). AMENDED COMPLAINT FILED 9/23/98

Defendants (1)

  • FRANKLIN AND LEONHARDT EXCAVATING CO.INCNamed in complaintNamed in settlement

Facilities (1)

  • FRANKLIN & LEONHARDT EXCAVATING COMPANY, INC.

    14201 POPLAR LANE, LOUISVILLE, KY, 40299

    Registry ID: 110010702999

Statutes cited

  • CAA 112Hazardous Air Pollutants

Enforcement conclusions (1)

  • FRANKLIN AND LEONHARDT EXCAVATING COMPANY, INC.entered 2000-04-10

    Primary law: CAA

    Federal penalty: $1,000

Timeline (4 milestones)

  • 1998-09-04Enforcement Action Data Entered
  • 1998-09-23Complaint Filed/Proposed Order
  • 2000-04-10Final Order Issued
  • 2000-04-10Enforcement Action Closed

Case metadata

EPA activity ID
22744
Case number
04-1998-0397
Lead agency
EPA
HQ division
AIR
Branch
RCRA
EPA region
04
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Hazardous Air Pollutants

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-1998-0397 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.