EPA v. U. S. Department of Transportation, Maritime Administration (MARAD)

Case summary

'Complaint filed 9/23/2002, proposing a penalty of $222,200. Respondent failed to provided written notice of intention to the Administrator at least ten days prior to the commencement of the renovation. Count II - Respondent failed to remove the asbestos before engaging in activities that caused the RACM to be disturbed. Count III - adequately wet the RACM during cutting and disjoining operation. Count IV - Respondent failed to ensure that the RACM remain wet until collected and contained or treated in preparation for disposal. Count V - Respondent failed to ensure that there wer no visible emissions to the outside during the collection, processing or transporting of the asbestos containing material, through the use of emissions control waste treatment specified in 40 C.F.R. ? 61.140(a)(1) through (4). Count VI - Respondent failed to have at least one person adequately trained in compliance with the asbestos NESHAP regulations present at the facility during the disturbance of the RAC

Defendants (3)

• U.S. Department of Transportation, Maritime Admin.Named in complaintNamed in settlement
• Maritime Administration (MARAD) U.S. DOTNamed in complaintNamed in settlement
• Marine Vessel Cape LobosNamed in complaintNamed in settlement

Facilities (1)

• MARINE VESSEL CAPE LOBOS

  318 BATTLESHIP ROAD, WILMINGTON, NC, 28401

  Registry ID: 110013694010

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• U.S. Dept. of Transportation, Maritime Admin.entered 2003-03-18

  Primary law: CAA

  Federal penalty: $37,083 · SEP: $119,000

Timeline (4 milestones)

• 2002-09-23Complaint Filed/Proposed Order
• 2002-09-24Enforcement Action Data Entered
• 2003-03-18Final Order Issued
• 2003-03-27Enforcement Action Closed