EPA v. WILLIAMS, ZELMER - MCNAIR ENTERPRISES, INC.

Case summary

ASBESTOS DEMOLITION OPERATION IN PROGRESS - VIOLATIONS OF THE NOTICE AND WORK PRACTICE STANDARDS. THE CASE INVOLVES THE ON-GOING DEMOLITION OF A BUILDING CONTAINING FRIABLE ASBESTOS MATERIALS. THE BUILDING IS LOCA TED IN GARY, INDIANA AND IS OWNED BY ZELMER WILLIAMS. DUR- ING AUGUST 1987, MCNAIR & MCNAIR ENTERPRISES, INC. COMMENCED DEMOLITION OF THE BUILDING. MCNAIR FAILED TO REMOVE FRIABLE ASBESTOS MATERIALS FROM THE BUILDING PRIOR TO THE DEMOLITION IN VIOLATION OF THE ASBESTOS NESHAP 40 CFR PART 61, SUBPART M AND SECTS 112 AND 114 OF THE CLEAN AIR ACT. WILLIAMS AND MCNAIR ALSO FAILED TO NOTIFY USEPA OR THE STATE OF INDIANA OF THE DEMOLITION OPERATION PRIOR TO THE COMMENCEMENT OF THE DEMOLITION OPERATION, IN VIOLATION OF THE ASBESTOS NESHAP. ON OR ABOUT SEPTEMBER 10, 1987, WILLIAMS ENTERED INTO A CON- TRACT WITH MOSE ROBERTS AND ROBERTS WRECKING CO., INC. TO REMOVE AND DISPOSE OF ALL THE FRIABLE ASBESTOS MATERIALS ON THE SITE. ONCE AGAIN, NEITHER WILLIAMS NOR ROBERTS PROVIDED NOTICE OF THE DEMOLITION OPERATION PRIOR TO THE COMMENCEMENT OF ASBESTOS REMOVAL ON SEPTEMBER 11, 1987. ON SEPTEMBER 16, 1987, YOUR OFFICE WAS CONTACTED AND DAN JACOBS WAS SUBSEQUENTLY ASSIGNED TO THE CASE. CHARLIE GAR- LOW WAS ASSIGNED AS THE CONTACT IN USEPA'S OFFICE OF ENFORCE MENT AND COMPLIANCE MONITORING. ANDREW BAKER WAS ASSIGNED AS THE ASST. U.S. ATTY FOR THE NORTHERN DIST OF INDIANA. THESE PEOPLE WORKED CLOSELY WITH ELENI SKOULIKAS, ASST. RE- GIONAL COUNSEL, AND GURCHAN JHAJ, ENGINEER. ON SEPTEMBER 25, 1987, THE PARTIES AGREED TO ALL FORMS OF INJUNCTIVE RELIEF THAT WOULD HAVE BEEN SOUGHT BY THE GOV'T IN A TEMPORARY RESTRAINING ORDER. SINCE THE PARTIES AGREED TO EXECUTE THE CONSENT DECREE, THAT AGREEMENT WAS FILED ALONG WITH COMPLAINT, AS APPROVED BY YOUR OFFICE, ON SEPTEM- BER 25, 1987. THE DEFENDANTS ARE CURRRENTLY REMOVING AND DISPOSING OF ALL THE REMAINING ASBESTOS CONTAINING RUBBLE. ALL THE DE- BRIS IS BEING ADEQUATELY WETTED AND A FENCE IS BEING ERECTED TO PREVENT ACCESS ONTO THE SITE.

Defendants (4)

• MCNAIR & MCNAIR ENTERPRISES, INC.Named in complaintNamed in settlement
• ROBERTS WRECKING CO., INC.Named in complaintNamed in settlement
• ROBERTS, MOSENamed in complaintNamed in settlement
• WILLIAMS, ZELMERNamed in complaintNamed in settlement

Facilities (1)

• BAKERY THE

  10TH AVE & ROOSEVELT ST, GARY, IN, 46404

  Registry ID: 110010706398

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• WILLIAMS, ZELMER-MCNAIRentered 1987-10-01

  Primary law: CAA

Timeline (7 milestones)

• 1987-09-14Enforcement Action Data Entered
• 1987-09-16Referred To Dept Of Justice
• 1987-09-25Complaint Filed With Court
• 1987-10-01Final Order Lodged
• 1987-10-01Final Order Entered
• 1987-10-01Concluded
• 1988-05-07Enforcement Action Closed