EPA v. WEISS AND RACHAL (ASTOR S

Case summary

SYNOPSIS OF THE CASE THE DEFENDANT RACHAL ENGAGES IN RENOVATION OPERATIONS. MANY OF THESE RENOVATIONS INVOLVE THE REMOVAL OF FRIABLE ASBESTOS MATERIALS AND, THEREFORE, REQUIRE 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. DEFENDANT WEISS OWNS THE BUILDING AT 1443 NORTH ASTOR WHERE THE RENOVATION IN QUESTION TOOK PLACE. ON AUGUST 1, 1986, BOTH WEISS AND RACHAL BEGAN REMOVAL OF FRIABLE ASBESTOS FROM 1443 NORTH ASTOR STREET, CHICAGO, ILL. WITHOUT HAVING SUBMITTED A NOTICE OF ASBESTOS REMOVAL REQUI- RED BY 40 CFR S61.140 ET SEQ. ON THAT DATE AN INSPECTOR WAS SENT TO THAT ADDRESS IN RESPONSE TO A RESIDENT'S COMPLAINT. THE INSPECTOR DISCOVERED THAT THAT RACHAL FAILED TO FOLLOW PROPER WORK PRACTICE REGULATIONS FOR HANDLING ASBESTOS. THE COMPLAINING WITNESS STATED THAT THE INHABITED APARTMENT BUIL DING WAS FILLED WITH A CLOUD OF DUST AS A RESULT OF THE RE- MOVAL WORK. REGION V SEEKS A PERMANENT INJUNCTION AND $1,500 IN CIVIL PENALTIES.

Defendants (2)

• RACHAL, JAMESNamed in complaintNamed in settlement
• WEISS, ALANNamed in complaintNamed in settlement

Facilities (1)

• WEISS & RACHAL

  1443 N ASTOR, CHICAGO, IL, 60602

  Registry ID: 110010689825

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Enforcement conclusions (1)

• WEISS, ALLEN & RACHAL, JAMESentered 1988-03-22

  Primary law: CAA

  Federal penalty: $78,500

Timeline (7 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1987-03-10Referred TO U.S. Attorney
• 1987-03-19Complaint Filed With Court
• 1988-03-22Final Order Lodged
• 1988-03-22Final Order Entered
• 1988-03-22Concluded
• 1989-08-12Enforcement Action Closed