EPA v. ASBESTOS SAFETY, INC.

Case summary

I. SYNOPSIS OF THE CASE THE DEFENDANT ENGAGES IN DEMOLITION AND RENOVATION OPERA- TIONS. MANY OF THESE REQUIRE 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. IS REQUIRED. THE USEPA HAS FOUND ASBESTOS SAFETY, INC. TO BE IN VIOLA- TION OF THE NATL EMISSION STANDARD FOR ASBESTOS PROMULGATED UNDER SECTIONS 112 AND 114 OF THE CAA ( ACT ), AS AMENDED, 42 USC S7412 AND 7414, RESPECTIVELY. USEPA ENFORCEMENT AU- THORITY IS FOUND IN SECT 113 OF THE ACT. USEPA FOUND 17 INSTANCES OF INADEQUATE NOTICES BETWEEN MARCH 1985, AND MARCH 1986. OF THESE 17 NOTICES, ASBESTOS SAFETY, INC. SENT TWO OF THE NOTICES AFTER THE JOB WAS AL- READY COMPLETED AND TWO OF THE NOTICES WHILE THE JOB WERE IN PROGRESS. REGION V SEEKS A PERMANENT INJUNCTION AND $3,000 IN CIVIL PENALTIES. II. DESCRIPTION OF DEFENDANT ASBESTOS SAFETY, INC. HAS TWO SUPERVISORY EMPLOYEES. IT HAS BETWEEN ZERO AND TWENTY EMPLOYEES OUT IN THE FIELD, DE- PENDING ON DEMAND. ITS ANNUAL GROSS SALES ARE REPORTEDLY $650,000. (11/14: HQ ATTY SUBMITTED A SIMILAR CASE SUMMARY TO BE SUBSTITUTED OR MERGED INTO CURRENT ONE, LATER).

Defendants (1)

• ASBESTOS SAFETY, INC.Named in complaintNamed in settlement

Facilities (1)

• MIDWAY ENTERPRISES LIMITED

  1500 MIDWAY CT W, ELK GROVE VILLAGE, IL, 60007

  Registry ID: 110005849305

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ASBESTOS SAFETY INC.entered 1988-09-30

  Primary law: CAA

  Federal penalty: $15,000

Timeline (6 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1987-04-29Complaint Filed With Court
• 1988-09-30Final Order Lodged
• 1988-09-30Final Order Entered
• 1988-09-30Concluded
• 1988-09-30Enforcement Action Closed