EPA v. BOYAS EXCAVATING CO./OHIO COLLEGE OF PODIATRIC MEDICINE

Case summary

SYNOPSIS OF THE CASE THE DEFENDANT, BOYAS EXAVATING, (BOYAS) ENGAGES IN DEM- OLITION OPERATIONS. MANY OF THESE DEMOLITIONS INVOLVE THE REMOVAL OF FRIABLE ASBESTOS MATERIALS AND, THEREFORE, RE- QUIRE NOTICE TO THE U.S. EPA IN ADVANCE OF THE COMMENCEMENT OF THE OPERATIONS UNDER THE ASBESTOS NATIONAL EMISSION STAN- DARD FOR HAZARDOUS AIR POLLUTANTS, 40 C.F.R. SECTION 61.40 ET SEQ. DEFENDANT OHIO COLLEGE OF PODIATRIC MEDICINE ( OCPM ) OWNS THE BUILDING AT 10515 WILBUR AVENUE, CLEVELAND, OHIO WHERE THE DEMOLITION IN QUESTION TOOK PLACE. ON JULY 15, 1986, BOYAS BEGAN THE DEMOLITION OF THE APARTMENT BUILDING LOCATED AT 10515 WILBUR AVENUE WITHOUT FIRST INSPECTING THE BUILDING FOR ASBESTOS AND WITHOUT SUB- MITTING A NOTICE OF ASBESTOS REMOVAL REQUIRED BY 40 C.F.R SECTION 61.140 ET SEQ. ON JULY 17, 1986, TWO INSPECTORS FROM THE CLEVELAND DIVISION OF AIR POLLUTION CONTROL WERE SENT TO THAT ADDRESS IN RESPONSE TO AN ANONYMOUS RESIDENT COMPLAINT. THE INSPECTORS DISCOVERED THAT BOYAS FAILED TO FOLLOW PROPER WORK PRACTICE REGULATIONS FOR HANDLING ASBES- TOS. THE COMPLAINING WITNESS STATED THAT THERE WAS EXCESS- IVE DUST AS A RESULT OF THE DEMOLITION. THE DEMOLITION JOB WAS HALTED ON JULY 17, 1986. DEFENDANT BOYAS SUBCONTRACTED AN ASBESTOS REMOVAL CONTRACTOR TO RE- MOVE THE ASBESTOS FROM THE REMAINING PORTION OF THE BUILDING BEFORE DEMOLITION ACTIVITIES RESUMED. THE CONTRACTOR ALSO REMOVED ANY ASBESTOS CONTAINING MATERIALS FOUND DURING RE- MOVAL OF DEMOLITION DEBRIS. COMPLIANCE COULD NOT, HOWEVER, BE ASSURED FOR THE ALREADY DEMOLISHED SECTION OF THE BUILD- ING. REGION V SEEKS INJUNCTIVE RELIEF AND CIVIL PENALTIES IN THE AMOUNT OF $18,900.

Defendants (2)

• BOYAS EXCAVATING CO.Named in complaintNamed in settlement
• OHIO COLLEGE OF PODIATRIC MEDICINENamed in complaintNamed in settlement

Facilities (1)

• BOYAS EXCAVATING INCORPORATED

  4100 BROOKPARK ROAD, CLEVELAND, OH, 44134

  Registry ID: 110006519767

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• OHIO COLLEGE /BOYAS EXCAVATINGentered 1991-11-29

  Primary law: CAA

  Federal penalty: $24,000

Timeline (6 milestones)

• 1987-03-31Referred To Dept Of Justice
• 1987-09-18Complaint Filed With Court
• 1991-11-29Final Order Lodged
• 1991-11-29Final Order Entered
• 1991-11-29Concluded
• 1995-02-10Enforcement Action Closed