EPA v. MIDWEST ASBESTOS REMOVAL SERVICE

Case summary

APPROXIMATELY 40 COUNTS OF FAILURE TO PROPERLY NOTIFY OF INTENT TO RENOVATE ASBESTOS CONTAINING STRUCTURES. I. SYNOPSIS OF THE CASE THE DEFENDANTS ENGAGE IN DEMOLITION AND RENOVATION OPERA- TIONS. MANY OF THESE INVOLVE THE REMOVAL OF FRIABLE ASBES- TOS MATERIALS AND, THEREFORE, NOTICE TO THE USEPA IN ADVANCE OF THE COMMENCEMENT OF THE OPERATIONS UNDER ASBESTOS NATL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS, 40 CFR S61. 140 ET SEQ. BETWEEN SEPTEMBER 1984 AND MAY 1986, THE DEFENDANTS SUBMIT TED 36 NOTICES OF ASBESTOS REMOVAL. EACH NOTICE CONTAINED SOME DEFICIENCIES. A FINDING OF VIOLATION ( FOV ) WAS ISSU- ED, ADDRESSING EACH NOTICE. SEE ATTACHMENT. BASED UPON IN- FORMATION SUBMITTED PURSUANT TO THE SECT 113 CONFERENCE, FOV COUNT 28 WAS DELETED. OF THE 35 REMAINING COUNTS, 19 WERE CONSIDERED SERIOUS ENOUGH TO MERIT INCLUSION IN THIS REFER- RAL. THE BREAKDOWN OF TYPE OF VIOLATION, IN ORDER OF SEVERI TY, IS LISTED BELOW. THE FOV COUNT IS CHARACTERIZED BY THE MOST MAJOR DEFICIENCY IN THE NOTICE. MOST NOTICES ALSO CON- TAINED MINOR OMISSIONS OR DEFICIENCIES. FOV COUNT TYPE OF VIOLATION 1, 5 NOTICE SUBMITTED AFTER ASBESTOS REMOVAL COMPLETED 8, 9 NOTICE LACKS JOB LOATION AND ASBESTOS REMOVAL STARTING AND COMPLETION DATES (FOR 7 AND 4 FACILITIES, RESPECTIVELY) 4, 30 NOTICE SUBMITTED WHILE ASBESTOS REMOVAL IN PROGRESS 2, 11, 15-17, 19, 23 NOTICE LACKS ASBESTOS REMOVAL STARTING AND COMPLETING DATES 3, 10, 20, 21, 29 NOTICE LACKS JOB LOCATION 12 NOTICE IMPROPERLY DIMENDIONS THE ASBES- TOS REGION V SEEKS A PERMANENT INJUNCTION AND $20,000 IN CIVIL PENALTIES. II. DESCRIPTION OF DEFENDANTS MIDWEST ASBESTOS REMOVAL SERVICE, INC. (MARS), IS A PRI- VATELY HELD, ILL. CORP. FORMED IN 1984. IT IS ENGAGED IN THE ASBESTOS DEMOLITION AND RENOVATION BUSINESS. WHILE CUR- RENTLY A REGIONAL OPERATION, MARS HAS EXPRESSED INTEREST IN BECOMING A NATL CONCERN. IN FISCAL YEAR 1985, MARS ENGAGED IN APPROXIMATELY 60-70 JOBS, EMPLOYING A MAXIMUM OF 200 EM- PLOYEES. AT THE SECTION CONFERENCE HELD ON JULY 29, 1986, MARS WAS UNWILLING TO DIVULGE SALES FIGURES. IN THE THE CATEGORY OF ASBESTOS REMOVAL BUSINESSES, MARS SHOULD BE CON- SIDERED A MEDIUM TO LARGE OPERATOR. MARS IS REPRESENTED BY JOHN O'ROURKE O'BRIEN, O'ROURKE, HOGAN & MENULTY ONE NORTH LASALLE STREET CHICAGO, ILLINOIS 60602 (312) 372-1462 AT THE SECTION 113 CONFERENCE, MARS WAS ALSO REPRESENTED BY BRIAN FLANAGAN, PRES., AND JOHN OSTER, QUALITY CONTROL.

Defendants (1)

• MIDWEST ASBESTOS REMOVAL SERVICENamed in complaintNamed in settlement

Facilities (1)

• MIDWEST ASBESTOS REMOVAL SERVI

  8110 W 18TH ST, MOKENA, IL, 60448

  Registry ID: 110010736686

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• MIDWEST ASBESTOS REMOVAL SER.entered 1988-06-24

  Primary law: CAA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1986-05-28Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-03-19Complaint Filed With Court
• 1988-06-24Final Order Entered
• 1988-06-24Concluded
• 1988-06-24Enforcement Action Closed
• 1988-06-24Final Order Lodged