EPA v. MARCO ISLAND, FL, CITY OF, AND QUALITY ENTERPRISES USA, INC.

Case summary

6/23/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF %81,772, WHICH SHALL BE PAID BY QUALITY, PURSUANT TO A SEPARATE AGREEMENT BETWEEN THE RESPONDENTS, WITHIN 30 DAYS FROM THE EFFECTIVE DATE. IN THE EVENT THAT QUALITY FAILS TO PAY THE PENALTY AS REQUIRED IN THIS CAFO, THE CITY SHALL PAY THE PENALTY WITHIN 60 DAYS AFTER RECEIPT OF A WRITTEN DEMAN FOR PAYMENT FROM EPA. IF THE PENALTY IS NOT PAID BY EITHER PARTY AS REQUIRED BY THIS CAFO, EPA RESERVES ITS RIGHTS TO INITIATE ACTION PURSUANT TO CAA SEC 113(d) AGAINST ONE OR BOTH PARTIES TO ASSESS PENALTIES FOR VIOLATIONS OF THE ASBESTOS NESHAP. ALLEGATIONS: EPA ALLEGES THAT BETWEEN APPROX MARCH 2005 AND MARCH 2006, AS PART OF THE IMPLEMENTATION OF THE PROJECT, A PORTION OF THE EXISTING ASBESTOS-CONTAINING CEMENT PIPING WAS EXCAVATED AND THE REMAINDER WAS ABANDONED IN PLACE AND GROUTED. AS A RESULT OF THE HANDLING OF THE EXCAVATED ASBESTOS-CONTAINING CEMENT PIPING, EPA ALLEGES THAT A PORTION OF IT BECAME REGULATED ASBESTOS CONTAINING MATERIAL (RACM) AS THAT TERM IS DEFINED IN 40 CFR 61.141. EPA ALLEGES THAT THE EXCAVATION AND DISPOSAL OF RACM AT VARIOUS LOCATIONS AROUND THE PROJECT SITE QUALIFIES THE PROJECT AS A RENOVATION PURSUANT TO THE ASBESTOS NESHAP. AS A RENOVATION PROJECT THAT INVOLVED THE EXCAVATION, HANDLING, AND DISPOSAL OF RACM, EPA ALLEGES THAT THE PROJECT WAS SUBJECT TO THE NOTIFICATION AND WORK PRACTICES REQUIREMENTS OF THE ASBESTOS NESHAP. EPA ALLEGES THAT RESPONDENTS FAILED TO COMPLY WITH THE APPLICABLE ASBESTOS NESHAP REQUIREMENTS AS FOLLOWS: A. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CCR 61.145(a) BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF RENOVATION ACTIVITES. B. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO RENOVATE THE FACILITY COMPONENT PRIOR TO THE INITATION OF RENOVATION ACTIVITIES INVOLVING AT LEAST 260 LINEAR FEET OF REGULATED ASBESTOS-CONTAINING MATERIAL (RACM) ON A FACILITY COMPONENT. C. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(c)(1) BY FAILING TO REMOVE RACM FROM A FACILITY BEING RENOVATED BEFORE ANY ACTIVITY BEGINS THAT WOULD BREAK UP, DISLODGE, OR SIMILARLY DISTURB THE MATERIAL. D. RESPONDENTS VIOATED CAA SEC 112 AND 40 CFR 61.145(c)(6)(i) BY FAILING TO ADEQUATELY WET ALL RACM INCLUDING MATERIAL THAT HAS BEEN REMOVED OR STRIPPED AND ENSURE THAT IT REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DISPOSAL IN ACCORDANCE WITH 40 CFR 61.150. E. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(c)(8) BY FAILING TO HAVE AN ON-SITE REPRESENTATIVE TRAINED IN THE PROVISIONS OF 40 CFR PART 61, SUBPART M (THE ASBESTOS NESHAP) AND THE MEANS OF COMPLYING WITH THEM. F. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.150(b)(1) BY FAILING TO DEPOSIT ALL ASBESTOS-CONTAINING WASTE MATERIAL (ACWM) AS SOON AS PRACTICAL AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 61.154.

Defendants (2)

• MARCO ISLAND, FL, CITY OFNamed in complaintNamed in settlement
• QUALITY ENTERPRISES USA, INC.Named in complaintNamed in settlement

Facilities (1)

• CITY OF MARCO ISLAND - COLLIER BLVD. ROAD-WIDENING PROJECT

  LAMBERT DRIVE/ ELKCAM CIRCLE / JOY CIRCLE, MARCO ISLAND, FL, 34145

  Registry ID: 110030912190

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• MARCO ISLAND, FL, CITY OF, AND QUALITY ENTERPRISES USA, INC.entered 2010-06-23

  Primary law: CAA

  Federal penalty: $81,772

Timeline (4 milestones)

• 2010-06-23Complaint Filed/Proposed Order
• 2010-06-23Final Order Issued
• 2010-06-29Enforcement Action Data Entered
• 2010-07-16Enforcement Action Closed